Questions tagged [california]

Questions specific to the State of California.

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1answer
85 views

Is the basis of California 'sanctuary' the same, from cannabis to immigrants?

In hearing news about so-called "sanctuary jurisdictions," it occurred to me that the states-rights that protected CA cannabis users might provide the same basis to protect an immigrant. For the ...
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1answer
112 views

Rent increase with 2 offers in California Bay Area

I just received my rent increase notice and noticed that there are 2 offers: One year lease contract would increase my rent by 10% Month-to-month leasing with the amount from #1 + $500. I got this ...
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1answer
318 views

Does “personal, noncommercial use” preclude use of Pokemon GO “Lure Modules” to attract players to non-commercial events?

I represent a local denomination that is actively trying to get people to learn about our church by attending a church service. To help accomplish this, I would like to place a "Lure Module" near my ...
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1answer
55 views

Can a Renter Display Construction/Road Signs on a Rental Property?

Can a renter install highway or road signs on a rental property? And I mean like drilling right into the side of the house, which is stucco. I'm in California and have a new problem neighbor who has ...
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3answers
378 views

Can landlords refuse to show you contract prior to application?

I've seen some landlords refuse to provide a sample residential lease contract prior to making an often non-refundable application, in California and other states. Is it legal? Aren't you supposed ...
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1answer
58 views

If raw data is made available for non-commercial use, am I allowed to seek profit from the use of statistics I gather using the data?

The CHP has a traffic database filled with raw data that is for "personal, non-commercial use". Here's the database: database What I want to do is use this data to compile some statistics, the use of ...
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0answers
115 views

Can a public school “edit” a transcript from a private institution?

I've got quite the interesting story. Long story short, I'm enrolled at summer school with a private, nonprofit institution that has an agreement with my school district that allows grades from summer ...
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2answers
100 views

Can only lawyers write DMCA takedown letters, or can anybody?

My friend and I have been debating whether a DMCA takedown request technically counts as a legal document, therefore requiring a lawyer to provide legal counsel for it. I understand that you are able ...
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1answer
805 views

Can my landlord prohibit me from having visitors with dogs?

My apartment manager has suddenly told us that we can't have friends with dogs visiting (not overnight visits, just for an hour or two). Is this legal? This is in California, USA. There's nothing ...
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1answer
109 views

Reporter asked me to write article about my $product; removing all mention of $Product before publication

Recently I was reached out by a reporter asking if I can write an article about an online software product of mine: I was hoping that someone at $organization might be willing to write an article ...
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1answer
1k views

What if my employer is sued for copyright infringement?

I have a part-time job at a small publishing company located in the United States (California) where I basically upload articles that they have written onto some of their paid subscription websites (...
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1answer
183 views

How are emotional distress damages quantified?

In TV lawsuits, it's common for the plaintiff to request large amounts of money for emotional distress not caused by physical harm. What actual guidelines can be used in California for evaluating the ...
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2answers
2k views

If other party notified me that phone conversation is being recorded, do I need to tell them if I am also recording it?

When I call, for example, AT&T or any other company, then before they pick up the phone they sometimes give me a notice that the phone conversation could be recorded for training or other purposes....
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75 views

What is the maximum allowable building height in Mountain View, California?

Anecdotal evidence online suggests that the maximum height allowed by city code in Mountain View is 40 or 50 ft. Is there an authoritative source for this (or the correct) figure? I've looked at Muni-...
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1answer
128 views

Can the Small Claims Court in California be used to rescind a sale?

If a good was sold and the buyer sues for a rescission because of a misrepresentation of the good during the transaction, can this lawsuit be filed in the Small Claims Court?
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1answer
154 views

Which law of state of California requires sellers to have a smog certificate?

The DMV website says that "a seller must provide evidence of a current smog certification", but they don't cite which law obligates a seller in doing so. Which law states that? What if the seller ...
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1answer
101 views

How to find small claims court records?

I'm looking for cases similar to one that I'm searching about on how to work on a defense in the Santa Clara County Small Claims Court, but I cannot the records besides the history of the process. How ...
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1answer
4k views

Meter maid in San Francisco blocks the way, and issues the parking ticket while the driver is present

While driving in San Francisco, I got a cell phone call that I had to take. So I stopped at the metered space for maybe 2 minutes to take a call. Next thing I see is a parking enforcement car behind ...
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1answer
942 views

What happens if a person does not pay for the sentence in a small claims court?

The Small Claims Court in California say that they cannot collect the value awarded by any sentence that they deliver. What happens to the defendant if he/she is sentenced to pay the plaintiff but ...
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1answer
116 views

Is it possible to name an organization as the executor of my “last will”?

Is it possible to name an organization as the executor of my "last will"? I don't have any children. My will is just going to be a formality, since I'm only 41, so I'd rather not spend a ton on legal ...
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1answer
340 views

What can a person do if this person see his/her property being damaged or stolen?

Most people definitively would be very upset when seeing his/her property being vandalized or stolen and the reaction would range from simply shouting to even using deadly force or simply being afraid....
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1answer
101 views

Can I sublet my apartment for the full lease amount and then live there effectively for free?

If I'm leasing a 2 bedroom apartment, can I sublet for the full amount of the lease, then live in the other room for free? Can the person I'm subletting to have a legal right to kick me out, even ...
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1answer
372 views

What are the statutes of limitation for civil lawsuits regarding utility bills between roommates?

Are there specific laws governing statutes of limitation for utility bills between household roommates? If not, I assume it would fall under some other existing category. Are utilities bills between ...
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1answer
46 views

Recording a conversation with a non-federal employee

I am considering recording a conversation or try to secretly record one between me and a non-federal employee. I am currently a federal employee, not FBI or CIA but am investigating on my own a ...
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0answers
51 views

Can a homeowner's association take disciplinary action against traffic violations that occur on a city road that is the main artery?

There is a road that goes through my community and is the only way for non-emergency motorized vehicles to enter. This road is owned by the city. Assuming the HOA's regulations allow enforcement of ...
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1answer
142 views

Is there any cap in California on how much the less wealthy spouse can spend on legal fees (e.g., lawyers) in case of a divorce?

I read in this article: What caught me by surprise, and forced me to seek emergency loans from friends, were the enormous legal fees I had to pay my ex-wife's divorce lawyers. In a California ...
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1answer
2k views

Is it legal for police to travel with a film crew and publicize arrest footage without consent?

Am I right to assume that police bodycam footage is only allowed to be released as part of a court order / as evidence? If this were true, than wouldn't a news crew accompanying the police officer ...
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1answer
47 views

California financial document verbiage: 3 months instead of 90 days?

Is there a law in California about the verbiage used in financial transaction language regarding the need to use the language "3 months" instead of "90 days"? I was told that this is the case, but I ...
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1answer
38 views

How do I file for a Trademark or Service Mark in a US state?

How and where do I simply file for a state trademark? Should I do a service mark instead? I am trying to file a business name and a slogan, so I'm expecting to do two separate filings. I am in ...
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1answer
102 views

Subpoena Duces Tecum - who to contact regarding disclosure of company records

Mostly hypothetical subpoena duces tecum. How would I ask a company for the contact information and whatever else that I would need in order to prepare for a subpoena for data, documents, & ...
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1answer
292 views

If an emergency vehicle approaches from ahead while I am driving on a two-lane road with no shoulder, what am I obligated to do?

This morning, I was driving along a road that had one lane going each way. There was no shoulder; to my right was just a field. Up ahead, there was an emergency vehicle coming toward me.
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52 views

If a doctor orders a Genome test from a patient

Does a patient have the right to obtain any data collected from a genetic test in the state of California?
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1answer
87 views

The legal value of oral claims in the US

I went to the physician in California, United States. The secretary orally told me that the appointment was covered by my US health insurance, but it was not. Can I refuse to pay on the grounds that ...
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0answers
96 views

Do doctors have the legal responsibility to inform the patient of services not covered by the insurance in the USA?

I wonder whether doctors have the legal responsibility to inform the patient of services not covered by the insurance in the USA. https://craighospital.org/resources/you-and-your-doctor-rights-and-...
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3answers
2k views

Disappearing ink on receipts: do sellers have to make the receipt that is visible at least X number of days?

The issue with disappearing ink on receipts is notorious. Are sellers required to make the receipt visible at least X number of days? I am mostly interested in the following locations: California, ...
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1answer
879 views

In a T intersection, does an unmarked crosswalk exist between the intersection and any sidewalk on the other side of that intersection?

Suppose I approach a T intersection but am on the road that doesn't have a stop or yield sign and I do not intend to turn. There is a sidewalk on the other side of the intersection and a seeing ...
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2answers
1k views

Can other party sneak in new contract terms via termination notice?

My friend's business applied for a credit card processor company's service. When signing up for this service the only document they asked her to sign was Application Form. Also, their sales person ...
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2answers
400 views

Do both parties need to explicitly agree upon price of service before doing it?

For example, when one goes to dentist, he might ask you "Do you want me to fix cavity for you?" without explicitly disclosing the price for the service at that time. Then, if you say "Yes", they do ...
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1answer
41 views

Model Release forms

I found a model release form: https://docs.google.com/document/edit?id=1LkkT_XwXwnnzwOxtGAirvVvVXzbU2YVUQeZ0kiqbGmQ I was wondering how binding this form is, and how necessary including the address ...
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1answer
340 views

No written contract. Do I have to pay undisclosed early termination fee?

A credit card payment processing company agent approached my business and offered to try out their service for free for a month as a trial. However, I decided not to use it after this one month trial,...
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1answer
104 views

How to protect privacy vis-a-vis sending resume to potential employer?

How can I protect the personal information contained within my C.V., cover letter, letters of recommendation from unauthorized sharing? I have been a victim of identity theft, so I seek to now find ...
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3answers
3k views

Borrow something and return it considered stealing?

So I was thinking, if I rode a coworkers bike home and returned it early the next morning before he noticed, is that legally considered stealing? Would this be legally considered stealing in CA?
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1answer
64 views

Obtaining copyright on a joint work produced by minors?

How would you go about obtaining the copyright of work that is produced by minors? In terms of context, I am the head of a high school club that produces original animated content. The club provides ...
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2answers
254 views

What place in a car is regarded as a visible place for all passengers?

I read on http://allucam.com/legality-dash-cam/: Dash cameras obviously can make a visual record of the road ahead, but under state law, they must also be capable of recording and saving audio data....
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2answers
273 views

Can a lab make patients pay to access test results?

Can a lab make patients pay to access their test results (e.g. blood test results)? The results are sent to the physicians, but the patients need to pay to access the results from the lab, even though ...
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1answer
1k views

Gave 30 days notice of intent to vacate, roommate who subleases to me says I owe rent for each day the room is vacant

Location: San Francisco, CA Terms of my sublease: 3 months followed by month-to-month which may be terminated by either party after giving 30 days written notice. I entered the month-to-month period ...
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2answers
6k views

Someone withdrew money from my bank account - what are my rights?

Someone withdrew money from my checking account (in several transactions) without my knowledge or permission. I was able to see the withdrawal slips online, and my signature was forged. I reported ...
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2answers
697 views

Obligation to respond to written interrogatories requesting personal information

I received a letter form an attorney, resembling this template. (Header of that template for posterity): SUPERIOR COURT OF CALIFORNIA COUNTY OF BLAH PLAINTIFF'S NAME ) ...
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0answers
69 views

Who is legally responsible for the traffic signage of a drive thru that intersects a sidewalk?

So here is the setup: Drivers keep coming in through the oneway drive thru even though the "do no enter" sign is there. Although, to the credit of the people who do this, the sign is a bit high off ...
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0answers
58 views

Can I resell diesel to a trucking company's fleet during a price hike?

Say I have a container of diesel which I purchased at a low rate and got a discount for a bulk purchase. Can I resell it to a trucking company's fleet of truckers at a competitive rate in a high-price ...

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