Questions tagged [california]

Questions specific to the State of California.

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5
votes
1answer
1k views

Is it legal to let people search for professionals by gender?

Prompted by the list of injunction demands from a recent lawsuit against Uber, I'm curious whether or not it's legal in California, Texas and elsewhere to discriminate on a profession such as a barber ...
8
votes
1answer
627 views

Would it be legal to record only yourself on a phone call without the other party giving consent in California?

Let's say you're in California talking on the phone. Would it be legal to record just your part of the conversation without having approval from the other party? For example, could you set up a ...
6
votes
1answer
600 views

In California, what happens if one spouse names a third party as their sole life insurance beneficiary?

Under California's community property law, each spouse can only control half of the couple's community property in his or her will. Does the same rule apply to life insurance benefits? Can one spouse ...
3
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1answer
230 views

Wet & Reckless vs DUI

What is the exact difference between a Wet Reckless vs a DUI? Moreover the financial and penal implications? I am in California.
1
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2answers
61 views

How can I free a service provider from estimate liability via disclaimer?

I want to ask for a quote, but I don't want the service provider to be legally bound to the estimate. What should I disclaim in my quote request?
3
votes
1answer
5k views

Non-disparagement in California

Two somewhat unrelated questions on disparagement, specifically in the context of California: What is the current standing law with regard to non-disparagement clauses in contracts? I recall a recent ...
4
votes
1answer
687 views

Can a landlord dictate where I can park when moving in/out of an apartment?

I recently moved out of a room that I rented in a house in Oakland, California. In my lease it under terms of vacating the premise my landlord added a clause stating: "All moving must be done in ...
5
votes
1answer
194 views

How does a police officer / the state prove a particular breathalyzer reading was taken?

If a police officer takes a breathalyzer reading of someone, what kind of record proves to a court what the reading was? General US information and/or info about California are both appreciated.
7
votes
1answer
1k views

In California, if a baseball lands in my yard, is it legally mine?

Say some neighborhood kid was playing baseball and accidentally hit the ball into my yard. Theoretically, if I own the house or my lease permits, I have the right to control access to my yard and, ...
4
votes
1answer
815 views

Do you need a business license(In California, USA)

I am curious if I need a business license or permit for an online Social media Startup company? I am located in California and applying for a LLC through LegalZoom and it asked me if I needed a ...
1
vote
1answer
150 views

What is this called? E.G: Competition buys product, breaks it, and asks for a return

Say I'm selling at a swap-meet. A person who, unbeknownst to me, is operating another store in the same area approaches my stall and purchases an item (specifically an old, but still functional ...
1
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3answers
201 views

Can you pray for the opponent party to be sanctioned in California?

In California Superior Courts, what would be some common grounds to ask the judge to sanction the opponent party? Under what circumstances would such motions be granted, and how often do any such ...
2
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1answer
38 views

Is there a case to be pursued for a non-domesticated bank account attachment?

I'm going to try and be as brief as possible because I just want to get an idea if there is something to pursue here as a case: I had old community debts from my marriage in CA; one of those debts ...
5
votes
2answers
1k views

Am I allowed to use lethal force against some one who is lawfully threatening my life?

Following on this question: Am I allowed to kill a person threatening me? CA, USA What if you are the target of lethal force? In this case your own life is threatened, even though you created the ...
7
votes
2answers
382 views

Leased apartment changed management. Is requiring in-person payment unreasonable?

I live in a college town in California with a leased apartment. On June 26th, a noticed (in paper) was posted on our doors that the apartment complexes have been sold, effective immediately. Part of ...
11
votes
2answers
439 views

To what extent, if any, do I have ownership over, and rights to, works I create on my own time?

I am a software engineer in California. If I create a piece of software, in my own time, using my own equipment, do I own the copyright on that creation, or does my employer? I see things such as "...
2
votes
3answers
1k views

3 day notice to cure breach or quit over a dirty bathtub [closed]

I am very frustrated with my landlord. They inspected my unit while I was at work and yesterday they posted on my door a 3 day notice to cure breach or quit over a "dirty bathtub". They didn't even ...
2
votes
1answer
95 views

How ironclad are businesses's terms and conditions?

I was wondering how binding my websites Terms and Conditions are. I specify a few things there, including a return policy and terms of use. I am in California. I'm starting to sell to the U.S. and ...
3
votes
1answer
203 views

Is a landlord required to disclose a balloon payment?

Suppose a house was rented two years ago in California, on a two year lease. If when the lease expired, the landlord refuses to renew, citing an upcoming balloon payment that would not be covered by ...
11
votes
1answer
611 views

Do corporations have equal rights with natural persons to carpool on California freeways?

Articles on SFGATE from 2013 and Wikipedia: Jonathan Frieman describe the legal efforts of Johnathan Frieman of San Rafael, CA in creating an odd test case for corporate personhood. Frieman argues ...
4
votes
2answers
75 views

What laws regulate owners of fundraising websites?

Is it true that any one can set up a website for fundraising without declaring a legal entity? For example, my church needs to raise fund for repair work, the project would cost about $40K. If I want ...
3
votes
1answer
309 views

Can California landlords protect against tenants paying retainer instead of rent?

I've heard that in San Francisco, with a landlord that's not on top of his things, and a tenant who doesn't care about his credit report, it would be cheaper to withhold rent and pay a retainer ...
4
votes
4answers
254 views

Is asking a banker the pros and cons of linking my SSN to my bank account considered requesting legal advice in California?

I opened a checking account in California and had the option to link my SSN (Social Security Number) to my bank account. The banker refused to tell me the pros and cons of linking my SSN to my bank ...
8
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1answer
366 views

Is occupation distinct from “source of income”?

As per California Government Code, section 12955, it's illegal to discriminate housing accommodation based on the source of income. However, what about the occupation itself? For example, is it ...
7
votes
1answer
241 views

Must a landlord warn potential rentees about previous pest infestation?

Must a landlord warn potential renters about previous pest infestations? I am mostly interested in the following locations: California, United States Massachusetts, United States Paris, France Seoul,...
1
vote
0answers
181 views

How is Texas eviction process different from California's?

For people moving from California to Texas (the direction of the migration is paramount and hard to dispute), and who may be familiar with the eviction process in California, what would be the ...
8
votes
2answers
389 views

Am I obligated to sign contracts and fill out paperwork post termination?

I was asked to resign from a startup then sometime down the line the company asked me sign the following documents Terms of Resignation Employee Invention Assignment and Confidentiality Agreement ...
4
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0answers
85 views

Differences between SoCal and NorCal real-estate

I recall that there are some significant differences in real estate law or procedures between Northern California and Souther California. What are the exact differences and where is the dividing line?...
6
votes
1answer
287 views

Is it legal to prevent a single parcel of land from being split?

I've spoken with a landowner in the rural area of Saratoga, California, who owns a single parcel with more land than he knows what to do with, and I asked him why doesn't he build an MDU or some such, ...
4
votes
1answer
546 views

Can states regulate the tint of rear side windows and rear windshields on a car?

There is a list of North American tint laws over at International Window Film Association (IWFA) (also html). It is understandable why states might be interested in regulating the Visible Light ...
1
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1answer
152 views

What entitlements for paternity leave in a small company in California?

Many small companies California that have no paternity policy and are less than 50 people? What paid, or unpaid paternity leave entitlements do employees generally have (under federal and California ...
5
votes
2answers
1k views

Is the judge allowed to nullify laws?

If a jury disagrees with a law, it's allowed to exercise a right known as jury nullification. However, what about civil cases (e.g., in a Superior Court in California) that are presided by a judge ...
5
votes
1answer
298 views

Are residential lease durations in Bay Area meaningless?

The vacancy rates in Bay Area are the lowest in the nation, and the rent much so often gets increased much faster than the inflation. However, a lot of corporate complexes employ monthly pricing that'...
1
vote
1answer
259 views

What's the penalty for breaking a residential lease in NorCal?

What's the penalty for breaking a residential lease? For example, in the Bay Area in Northern California.
3
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1answer
133 views

Drinking and Driving

In the state of California, what is the limit of alcohol allowed in bloodstream to be prosecuted under drinking and driving case? And what are the procedures used for intoxication testing (other than ...