Questions tagged [california]

Questions specific to the State of California.

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103 views

How the California Consumer Privacy Act (CCPA) impacts a non-Californian business?

January 1, 2020, the California Consumer Privacy Act (CCPA) goes into effect. The CCPA applies to any business anywhere in the U.S. or the world that does business in the state of California. Could ...
3
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1answer
463 views

When a used car is sold “as-is”, does that excuse seller from selling the car with smog certificate in California?

California law states the seller is always responsible for selling the car with a smog certificate. If the seller sells the car saying it is "as-is" does that excuses him/her from previously obtaining ...
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3answers
2k views

Is a traffic ticket an arrest?

If a police officer gives a motorist a traffic ticket, is that technically considered an arrest? I know that some police behaviors are as follows: Detaining — with reasonable suspicion Investigating ...
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31 views

Does the minimum salary test apply to small companies?

There are lower wage requirements for smaller companies. Does the minimum salary requirement/test for computer professional exemption in California (which is much higher than the federal requirement) ...
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0answers
42 views

Overtime hours & exemption for salaried 'Computer Professional' in California?

While looking into overtime exemption requirements, I came across an article that seems to indicate software developers required to work over 40 hours/week either need to be paid overtime as an hourly ...
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2answers
677 views

Can landlord backbill 4.5 years worth of utilities that were never billed to us bimonthly as directed in the lease? (RSO rental)

My landlord has back-billed me for 4.5 years of water utilities and are saying I owe them money. The lease does state that the tenant pays for water (split as a percentage with the adjacent duplex ...
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2answers
3k views

Can a medical practitioner legally charge health insurances a different amount from what it would charge a non-insured patient?

In the United States, can a medical practitioner legally charge health insurances a different amount from what it would charge a non-insured patient? I am mostly interested for in the states of ...
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2answers
1k views

Are text message agreements legally binding in CA small claims court?

My parents sold their house but they breached a part of the contract. As a result, the other party sued my parents in California small claims court. The court date is in 2 weeks. We've contacted the ...
4
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2answers
113 views

Does SB-876 apply to me

I am homeless and I live in Berkeley CA, on the median of I-80 off a bike trail. A friend of mine was just told by a BPD officer that act SB-876 right to rest does not apply to us because we are on ...
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1answer
188 views

Car was registered and insured but proof wasn't in the car

This occurred in California. Can the police give you a ticket for $1,200 for a first time violation with no registration or insurance paperwork in the vehicle? The vehicle was registered and had ...
6
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1answer
129 views

Can a state agency, asserting “equal footing”, ignore an order from a state court

Awhile back I had to hire an attorney when the state of California was erroneously notified from another state that I had been convicted of a DUI...resulting in a suspension of my California Driver's ...
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3answers
2k views

Is it legal in California to use lethal force to stop ANY felony from being committed?

According to California Penal Code Section 197 197. Homicide is also justifiable when committed by any person in any of the following cases: When resisting any attempt to murder any person, or to ...
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2answers
75 views

Buying a house in a partnership [closed]

I am buying a house with a colleague in California. I am paying 80% and he is paying 20%. He is going to live in the house, and pay rent for my 80% stakes in the house. Is it at all legal? Can I ...
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2answers
334 views

Why California codified “A trustee may not require a beneficiary to relieve the trustee of liability…”?

Full text of California Code Section reads: ARTICLE 1. Trustee’s Duties in General [16000 - 16015] ( Article 1 enacted by Stats. 1990, Ch. 79. ) 16004.5. [click for link] (a) A trustee ...
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2answers
335 views

Can I take an employer to court for false promise? He promise me a temporal job for 2 months and din't fulfill that promises? [closed]

Can I sue a person for don't fulfill his promise? Sorry for the long story. We are "friends" from long time ago maybe from 2010. He started his own small business 4 or 5 years ago and sometimes asked ...
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1answer
127 views

How do I press charges against my former broker for forgery?

I am a Realtor. When I was first licensed I began working for a broker in Los Angeles, CA. After almost 2 years we had a dispute and he refused to pay me. It was at this time it was discovered that I ...
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1answer
64 views

Can one appeal a small claims judgement in California

Under what circumstances can a small claims case be appealed in CA? Is it only for errors of law?
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1answer
368 views

California Recording Law - Do recordings need to be used as stated?

In California, two-party consent recording law requires that consent be obtained by all parties before recording phone calls. I've pasted relevant parts of this law below. Further, subsection (d) of ...
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2answers
171 views

Can I object to a flight attendant praising TV characters for 5 minutes?

During a domestic flight, one of the flight attendants started making rather annoying praises of them being a fan of Disney and Mickey Mouse, Mickey Mouse' birthday, and asking whether anyone was ...
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2answers
265 views

60 days Notice allowed for Month-to-Month rental in California?

Can a California landlord require 60 days notice on a month-to-month rental agreement?
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1answer
35 views

LLC liability for prior (sole proprietorship) product

Say that I start selling a digital product while operating as a sole proprietorship. I later go through the process to form an LLC, and then continue to sell the product under the name of my LLC. ...
1
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1answer
172 views

What is the name of the transverse white line that separates different time-limited parking zones?

I parked on a street that has 2 parking zones: all-day (with bi-weekly street sweeping) and two-hour. Painted on the street is a single six-inch-wide six-foot-long transverse white line that, I ...
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1answer
86 views

Legal requirements to build exercise equipment?

I want to fabricate a powerlifting rack for my local gym either as a donation or possibly bought to advertise my racks. It just occurred to me that there may be structural legalities when making such ...
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1answer
123 views

Is an agreement enforcable that makes parents liable for a child’s behavior at school?

Hypothetical facts Alice is 17 (a legal minor). Alice attends the 12th grade at Bob High School (BHS), a California public high school. BHS loans Alice a laptop to do her school work. As a condition ...
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0answers
154 views

In California, who has right of way when two cars try to get to the same lane at same time?

In a highway with 3 lanes, if a car driving in the left lane and another car driving in the right lane decide at same time to change lane to the middle lane, who has the right of way? In Texas, ...
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2answers
86 views

Tenant joint letter to evict an other tenant?

I am in the Los Angeles area, and there are 4 tenants in my house. The last tenant who just moved in yesterday smokes, I told him that he needs to do it at the far end of the yard, and clean up ...
2
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3answers
67 views

Can someone collect damages without providing receipts?

This question could apply to any part of the United States, but particularly to California, which is unusually consumer friendly. Suppose I am involved in minor car accident (basically a fender ...
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1answer
60 views

Mobile home park in California charging extra fees for television service

I live in a mobile home park in California. Recently, the park announced that our TV service will be provided by the park and instead of paying the TV provider, we will be paying the park directly. ...
7
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1answer
242 views

Do trans women count as women for the purposes of this new California law?

This article on CNN states the following: That's according to a new law, enacted Sunday, which requires publicly traded firms in the state to place at least one woman on their board of directors by ...
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2answers
115 views

Church / School / Religion / Disney! / California

I attend a public school in California, there is a voluntary field trip day, once a year, where you go to a church. In the church, they put on a Disney show, with nothing religious about it. The ...
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1answer
67 views

Contract still valid after servicer changed name?

There is no clause in the contract about transfer of service (or whatever you call it) like if it's still enforceable even after the service has been transferred to someone else. I had a contract ...
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1answer
41 views

Does legislation around government transparency (e.g. FOIA or Sunshine ordinances) apply to public sector hiring processes?

Can Civil Service applicants be required to sign confidentiality agreements regarding the application and interview process? Can FOIA/Sunshine requests enjoin government offices to disclose present ...
1
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1answer
56 views

Is the LIHTC assistance program exempt from the lawful source of income discrimination?

I am applying to lease an apartment in California that rents under the "Low-income Housing Tax Credit Program (LIHTC). My source of income is S/S and secondary income from investment interest. The ...
0
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1answer
57 views

Got into a car accident, do I need a police report?

I got into a car accident today. There are no injuries involved. Do I need to file a police report? I live in California. One police station tells me that I don’t need to file a report, another tells ...
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3answers
366 views

If there was no written contract in the first place would a phone call be enough to terminate relationship with the other party?

My friend's small business engaged in a relationship with another company that provides credit card processing service. They did not ask my friend to sign a written contract at the time of signing up ...
1
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1answer
89 views

Would this be considered a hit and run?

Our vehicle was parked at our apartment complex and I noticed that there was a large scratch and dent on it. Would this be called a hit and run? The person who did it did not leave a note or ...
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1answer
182 views

Is the recent Bayer weedkiller damages award a reasonable expectation of the result of future appeals

Bayer through Monsanto was recently ordered to pay 289M USD in damages in the case of one individual who became ill allegedly by way of a weedkiller substance and there are 5000 similar lawsuits. The ...
2
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1answer
277 views

Can a Rental Contract Supersede State Law?

After several years of habitability issues (which were eventually fixed after 4 years), our landlord is asking us to sign a settlement agreement that would release them from all liability dating back ...
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2answers
39 views

Financial Debt Transaction question, Compliance/accounting laws

I am an IT Database person at our company. Our company does not have a financial transaction interactive program for business users, to log customer debt payments or debt increases. So they are ...
1
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1answer
148 views

In California is it legal to offer less to a senior developer than a non-senior developer

So I've read about the Fair Pay Act, which is unclear if it also covers people of the same sex. I know it is not legal for the company to prohibit salary discussion between employees. I am currently ...
4
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2answers
12k views

Is it legal to swear at school?

First, is it legal to use profane language in school (specifically a high school in California, United States)? Also, what is the maximum punishment allowed for a student using profanity (assume the ...
3
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1answer
136 views

What happens under the California Voting Rights Act if appropriate districts cannot be drawn?

In recent years there has been a fair amount of press about lawsuits brought under the California Voting Rights Act. As near as I can tell, this law essentially requires cities to draw council ...
1
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1answer
50 views

Deposit return after lease is up with multi-renters

My son is renting a 2-bedroom apartment with 4 other people in Santa Cruz, CA. It was initially agreed that he would share a room with one of the other tenants. That agreement did not work out, ...
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1answer
243 views

Can I sue If I was served a real burger after requesting a veggie burger

My husband and I were served a meat burger after requesting a veggie burger. I specifically asked what were the ingredients in the veggie burger. The district manger happened to be in the store, ...
2
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1answer
66 views

Filing in Small Claims court

Can a business that is in the process of dissolving in California file in small claims court case against a contractor who owes them money?
0
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1answer
372 views

Are property taxes attached to the property itself or the owners at the time?

Are the new owners of a property liable for taxes that accrue before they purchase it, or is this the responsibility of the previous owners? How would a real estate buyer be protected against a ...
3
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1answer
2k views

Right of way: U-turn vs right turn (California)

I see this all the time, and it's often a topic of debate among friends. I'm curious to know what the answer is. I can see it going either way. Car at red light making right turn and another car ...
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0answers
35 views

What statute requires Apple to offer extended service for vintage products in California?

In most jurisdictions, Apple policy is to offer hardware repair service for 5 years after it discontinues manufacturing a product. In California, Apple offers support for 7 years "as required by ...
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0answers
225 views

Inventions Assignment Agreement in California

As I was being hired today, I was asked to sign a "Confidentiality and Inventions Assignment Agreement" which partly reads: "I agree that all right (...) to any copyrightable material (...) ...
0
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2answers
140 views

Is it legal for a company to erroneously charge you and refund you in credits?

I was recently charged a $5 fee in error by a California based tech company. I disputed the charge via app and they issued me a “refund” in credits for future use of their service. I have not been ...