Questions tagged [california]

Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the state of California.

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2
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1answer
68 views

How to contest compensation as an independent contractor

I am curious how I would go about contesting how I was compensated as an independent contractor to the IRS for tax purposes. Is there an official channel for this or do I have to go some sort of court,...
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2answers
195 views

Is the California court ruling that coffee can increase cancer risk justified?

A court in California ruled against companies that may have to put a warning that tells customers there is a possible cancer risk linked to coffee by saying the companies "failed to meet their burden ...
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1answer
91 views

Fair Child Support in California [closed]

Let say wife owns 2 houses values at 2.5M with income only from stock trades. The husband earns 150K before tax, has no saving, no properties and won't take anything from the 2 houses. The wife ...
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1answer
40 views

Does prospect of sale price being paid in full determine validity of sale?

I’ve been offered to sell my business to another business in what appears to me as a lease or licensing agreement with royalties, but the contract’s language says “purchase”. In short, the buyer ...
2
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1answer
370 views

Can males be held liable for child support for wife's child?

Lets say a single male living in California were to get married to a woman who has an existing one year old child from her previous marriage. If in the future they were to get divorced, how much of a ...
10
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5answers
3k views

If someone removes a speed limit sign, can one still be ticketed for driving over the limit?

Say a truck driver were to plow into a speed limit sign, rendering it completely unreadable, and further completely unidentifiable as a speed limit sign. It just so happens that this same sign is the ...
1
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0answers
725 views

Can I legally buy a car in Texas, but register it in California?

I've got a quick question regarding vehicle registration in the States of California and Texas. I'm a full-time student at a public university in Texas, but am and remain a legal resident of the State ...
1
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1answer
131 views

Would an affidavit be admissible in criminal court to prove address fraud?

If I need to prove in California criminal court that the defendant did not reside at a certain address in 2017, it seems best to get the true "main resident" to testify in court: "I have never seen ...
0
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1answer
327 views

Copyright of messages in group chat

I composed a hiring post and sent it to a group chat. Can group members (NOT the messaging app) forward the post to others who are not in the group, without my permission or re-post it in others ...
2
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1answer
340 views

Do You Need a Permit to Cook Free Food on the Sidewalk?

I'd like to open a food stand in Los Angeles to cook food for homeless people. Do I need a permit of some sort to cook food and give it away free of charge?
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2answers
144 views

Can I start a mobile recycling business in California?

I had the possibly unprofitable hypothetical idea of starting a mobile recycling business where a truck comes to you and pays you door-to-door for your recycling at below market prices. Can this be ...
5
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1answer
5k views

How long do patients have to wait to get lab results in California?

I read on http://www.chcf.org/~/media/MEDIA%20LIBRARY%20Files/PDF/E/PDF%20ElectronicLabResultsExchangePolicy.pdf : (CA = California). which means patients used to not be authorized to access their ...
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3answers
137 views

What kinds of crimes do not affect persons or property?

A crime is a public offense, so I would think that anything that constitutes a crime has some kind of influence on one or more persons or property, i.e. it changes the public universe in some negative ...
1
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1answer
23 views

Non-profit donations for organizational overhead

What percentage of a tax-exempt nonprofit's donations can be used for overhead costs in California?
2
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2answers
1k views

Is an undercover cop offering money to a random woman for sex an example of “entrapment”?

T/F Test Question: "Officer Jones, who was assigned to the narcotics unit, decided to look for possible prostitutes in the financial district of his city. Although there are no reports of a ...
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2answers
59 views

What Travel Expenses are Allowed in a Civil Suit?

In a civil suit involving repossession of a car in a remote city in California, it seems obvious that I can sue for the airfare to that remote city. But, what about hotel and meal expenses (or other "...
0
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1answer
76 views

Is litigation against one's employer protected?

Let's say we are in California and I have a dispute with my employer. My employer has, or so I believe that it has, breached our employment contract and caused me damages. I then talk to my employer ...
1
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1answer
389 views

Small claims court jurisdication over international employment agreement?

I am a US citizen originally residing in state S. I entered into an employment agreement with a company headquartered in country C1 (not the US), with physical offices in another country C2 and US (...
3
votes
2answers
431 views

Can a landlord demand that a house rented when new be returned to “new” condition?

We are living in California. In our lease agreement, it states under the "condition" section: Tenant acknowledges these items are clean and operable condition, with the following exceptions: ...
1
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1answer
93 views

Can I demand partial deposit back on a joint lease?

I am living in California. I am currently on a joint lease of a house for a little more than two years. The lease is on a monthly basis (used to be a one-year lease but continued as month-to-month). ...
1
vote
1answer
50 views

Can a former employer deduct a “fee” when issuing a check for my new roll-over?

A former employer deducted a "fee" charge when I contacted him to get my 401 funds moved to my new employer's roll-over account. It was 1 year after I was dismissed from his employment. Is it legal ...
12
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2answers
376 views

Practicing Law without a License over the Internet

John Smith is a US citizen who is ordinarily a resident of California who is not and never has been admitted to the bar in any jurisdiction. He is travelling in the UK, and gives legal advice on ...
3
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1answer
123 views

Is the Defendant Legally Entitled to an Itemization of the Damages they Are Being Sued For?

I live in California and am being sued by someone in Small Claims court who moved into my apartment for about two months with the intention of becoming a formal 'roommate' but, ultimately, had to ...
2
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1answer
94 views

Does California maintain its own record of minor traffic tickets incurred by out-of-state drivers?

Convictions for reportable moving violations in California are reported to the CA DMV [1]. For drivers licensed in California, this will result in a number of points, dependent on the specific ...
4
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3answers
3k views

Stop paying rent if landlord does not provide lease agreement and basic services

I have been staying in a house for 9 months already, that I share with 4 other roommates. I have asked the landlord for a lease agreement on repeated occasions, but to this day I never received ...
1
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1answer
97 views

Suing Beyond Expenses in California

In California, I loaned my $6000 car to someone who paid a $500 deposit. If he returned it today, according to the agreement, he would owe $1500 (so he would need to pay $800 more since he once made a ...
3
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1answer
115 views

Is it legal to create a service that help people filling up small claim court forms?

I have an idea of an online service that prepares forms and letters for small claim courts. The service would take an input from a user, analyze it and output documents required to file a small court ...
1
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1answer
44 views

What defines a separate visit when getting beverage container recycling refunds on a per-container basis instead of by weight?

I read on http://www.calrecycle.ca.gov/BevContainer/Consumers/CashingIn.htm (mirror), regarding getting beverage container recycling refunds on a per-container basis instead of by weight in ...
1
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0answers
14 views

Can CA public benefit corps be for-profit?

I'm interested in forming a public benefit corporation in California in 2018. As I understand it, these can be for-profit. But when I look at the California government website for information about ...
2
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0answers
49 views

California non-compete laws: where do they come from?

I once read that California non-compete laws come from the gold rush era, and yet I was not able to find any more information about the subject. It would be interesting to understand what ...
1
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1answer
122 views

Requesting policy verbatim from rental manager requiring 3 forms of ID

When asked for policy on ID requirements from the rental manager, they keep telling me that they require 3 forms - state, ssn card, passport. (Passport is at Visa office for at least a week, can't ...
5
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1answer
125 views

Changing California residency status for school

I moved to California a little under a year ago after falling in love with the state, and don't see myself ever moving back to my native New York. I work as a software engineer, and I'm also a full-...
2
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2answers
1k views

Under California residential lease agreement are tenants considered as a single person?

I live in a rental property in Pasadena CA, with two other roommates. When moving into the premise we signed a "residential lease or month-to- month agreement" (C.A.R. form LR, Revisited 12/15) in ...
0
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1answer
2k views

Is it legal for a car to have a paper license plate in California?

For over a year a car I see most days has a rear license plate that only has XXX Chevrolet. The license plate frame says XXX Chevrolet.com. Is there an exemption that allows the vehicle owner to use ...
0
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1answer
77 views

Can a auto finance company refuse to give me a copy of my contract or balance details?

Can a car company refuse to give me a copy of my payment history and balance details?
1
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1answer
78 views

Annoying neighbor abusing insurance claims [closed]

My mom's neighborhood was effected by the California wildfires. Her house was untouched, but it destroyed the fence that stood between her backyard and the backyard of a neighbor. Insurance has ...
4
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4answers
1k views

How to gather Compelling Evidence to prove that business is fraudulent?

My friend's small business agreed to a one-month risk-free trial service from one Credit Card Processor company. However, she did not like the service, because it did not live up to verbal promises ...
0
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1answer
46 views

Sell parcel to beneficiary of deed of trust

In California, suppose the Beneficiary of a Deed of Trust wants to buy the parcel from the Trustor, but the Trustor still owes some money. What deeds would get recorded to make this happen? My ...
2
votes
1answer
213 views

Do sushi restaurants, grocers in California violate Proposition 65?

I've lived in California for a couple of years a couple of years ago, and have certainly seen Proposition 65 warnings all over the place, from the common grounds of apartment complexes, to fast food ...
0
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3answers
83 views

Why should I use a lawyer to form a single person LLC in California?

I want to form an LLC in California for my new business. I will be the only owner and employee. I've been looking into sites like legalzoom and incfile as well as local business lawyers. Both business ...
2
votes
1answer
92 views

What are “system design specifications” as the California labor code refers to them?

In California employment law, there is a term called "system design specifications." Attorneys have told me to ask technical I.T. people what this means as there is no legal definition for it. An ...
1
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1answer
145 views

Can language in a settlement agreement have affect on taxes for a personal injury lawsuit?

I am located and suing in California. My lawyers filed a personal injury lawsuit/claim and sent a CCP 998, which the defendant accpected for judgment in my favor. The defense has sent over a ...
1
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2answers
16k views

What rights do I have if my apartment neighbor is smoking marijuana and the smell is entering my apartment?

To preface this, I'm looking specifically for California Law. I'm aware that medical marijuana is legal in the state of California, and am wondering if any other laws apply, similarly to tobacco laws. ...
1
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0answers
137 views

question about abusive landlord

I recently got suckered into signing a lease on a room. I thought the place looked OK when I checked it out, and it was in a good area. The rent is $1,000/month and I put down a $100 deposit. The ...
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2answers
193 views

Company is being shady about giving me a refund

I bought a product for ~1800 dollars. Their company states that as long as the product hasn't shipped, I can get a full refund. They also say they have a 14 day money back guarantee even after the ...
2
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2answers
5k views

Can a landlord break a lease in California?

In California, a landlord is asking a tenant who has another year left on their lease to break the lease. The landlord purchased the property in 2015 for $1.5 million and would now like to upgrade the ...
1
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2answers
111 views

Can California counties make their own traffic laws?

The state lays out traffic laws pretty clearly, but our county has some specific traffic needs (winter/snow issues). We're looking at having flasing green on recovery vehicles on route to their jobs. ...
-1
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1answer
1k views

termination of autorenewal contract for business to business

Hi experts out there - I have a business contract that has the term that 'The Service Order will automatically renew for additional successive one-year terms unless at least 60 days before the end of ...
0
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1answer
30 views

Registered Agent for Service of Process for California Corporations?

May a California Corporation, such as S Corp or C Corp have its Registered Agent located outside California ? Please provide a cite.
1
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2answers
125 views

Seizure Without a Warrant

Can the police in California seize your car (i.e. tow it from where it's parked) without a warrant?

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