Questions tagged [california]

Questions specific to the State of California.

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4
votes
3answers
2k 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
87 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
votes
1answer
95 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
41 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 ...
0
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1answer
176 views

Can a landlord demand full rent on the first when a roommate gave 30 day’s notice that they are vacating on the 11th?

My roommate gave 30 days notice to me and my landlord, the 11th is her last day. My roommate has paid one third of the rent (10 days) and I have paid my half of the rent. Since today is the 3rd, I ...
1
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0answers
13 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
46 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 ...
0
votes
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 ...
1
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1answer
75 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 ...
0
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1answer
43 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 ...
0
votes
2answers
155 views

Is a partially-visible California Proposition 65 Label “Clear and Reasonable”?

Given that it is possible to identify a California Proposition 65 label on a picture of a product used in a web store even if it is only partially visible and at angle, can that be construed as ...
0
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0answers
39 views

Can I extend my FMLA while I am currently on FMLA leave?

This FMLA break is for child bonding within one year of child's birth. Here is timeline: 1st Nov 2017 FMLA request submitted, FMLA leave starts on 2nd Dec, 2017 and ends on 15th Jan, 2018. 13th ...
0
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1answer
123 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 ...
4
votes
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 ...
1
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0answers
136 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 ...
0
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3answers
63 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 ...
1
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2answers
105 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. ...
-4
votes
1answer
192 views

What would be the fastest way to sue someone in a traffic accident? Post Accident Legal Strategies

(In America), when there is a traffic accident, it is generally a civil matter that can be resolved between the parties. Several courses of action are available to the parties to resolve the dispute ...
0
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1answer
29 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
votes
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 ...
1
vote
1answer
111 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 ...
0
votes
1answer
42 views

Is failure to disclose the bullying and offensive Tenancy In Common president basis to annul the real estate sale?

My relative bought a condo which is under Tenancy In Common arrangement. During the first week it became apparent that it has (a probably psychopathic) individual who is a president. He is bullying, ...
0
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1answer
106 views

Origins and legal terminology for the distinct classes of crimes such as Theft and Rape

I came across a recent news article on verdict related to the Roman Polanski Case. In which A judge has rejected a request by the woman who was raped by director Roman Polanski 40 years ago to have ...
1
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2answers
96 views

can you limit what an employer can disclose about you

I want to list a former employer in California that I resigned from as work experience on my resume but I will not include anyone from that company as a reference. I do not want anyone from that ...
-2
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1answer
608 views

Employer tuition assistance clawback upon resignation [closed]

Location: California, USA My friend is resigning as an employee of a large corporation. During his time there, he used the company's tuition assistance benefit program which covered the cost of ...
0
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1answer
72 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?
2
votes
1answer
118 views

Sham contest- does this work in practice?

Acme Co is putting together a big promotional mashup for something that's internal to the company, but they need images from outside that help illustrate the theme. So they hold a photography contest ...
0
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2answers
70 views

caused accident in company car - do I need a lawyer?

While driving a rental car provided by my company, I hit another car. The rental car (the one I was driving) was insured by my company. I just learned that the driver of the car I hit has started a ...
4
votes
1answer
118 views

Can I deny access to a jointly-owned property to protect my own property?

Long story short, I had a roommate and we broke things off in a very negative way. We jointly rent an apartment in Los Angeles, but she has since moved out and taken ALL of her things. The only ...
-1
votes
2answers
188 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 ...
-1
votes
1answer
63 views

What can I do about wiggly tables at the coffee shop [closed]

This morning I was at Starbucks Coffee Shop sitting down having a hot coffee. When I got up to go to get a napkin the table wiggled and I ended up burning my arm from hot coffee. From what I see, ...
0
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0answers
59 views

Selling someone a life estate in a house

I bought a property that has elderly tenants on it. They want to stay, but they can not afford to pay fair market value. For a bevy of reasons beyond the scope of this post, I don't want to be a ...
5
votes
1answer
116 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-...
1
vote
1answer
497 views

If the damages from a lawsuit force the defendant into bankruptcy, are they forgiven?

Say Bob throws a pool party, and because he's secretly homicidal, he decides to poison the pool water, and many of his guests end up in the hospital. He hires a good lawyer to defend him in criminal ...
0
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1answer
53 views

For California divorce default what should the declaration about cohabitation state?

California family law. Request to enter default is rejected, with the statement of If both parties are still residing in the same residence then each party must submit a declaration penalty of ...
0
votes
1answer
166 views

Can I not consent to a “call may be monitored” call and still record for myself?

Person A calls person B. Person A states that the "call may be monitored" and person B, then states "I do not consent to the recording of this conversation." Can person B still record on his/her own ...
1
vote
2answers
389 views

My phone number used to belong to someone in debt, now I'm getting harassed by debt collectors

A few weeks ago, I moved to a new city, and got a new phone number. The process of finding all my accounts everywhere and changing my number in each was long and complicated, and it's not something I ...
2
votes
1answer
86 views

Can I track vehicles that drive around my property's roads?

I was thinking about putting an automated license plate logger near my mail box to track in-and-out movement of vehicles. It would have timestamps and license plate numbers. I just thought it'd be ...
1
vote
1answer
92 views

Can a California (Berkeley) landlord ask for an extra security deposit?

Just got an email from a non-residential garage space landlord stating that our current yearly rent increase is due. But it struck me as odd that they also added in a line that says "The security ...
2
votes
0answers
2k views

Why is it illegal to drive with only parking lights, even during the day?

According to the California Vehicle Code, "No vehicle shall be driven at any time with the parking lamps lighted except when the lamps are being used as turn signal lamps or when the headlamps are ...
3
votes
1answer
333 views

Accident with borrowed car — whose insurance will apply to satisfy legal requirements?

Assume my friend and I are both licensed and have insurance for our own cars, but we're (obviously) not listed under each others' insurance plans. Let's say one of us borrows the other one's car (...
0
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2answers
117 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?
4
votes
2answers
2k views

How long can the police hold a car that they're using for evidence?

My friend is going through the following in California: She purchased a car roughly three years ago and uses it for everyday tasks. The police towed her car and told her that it was possibly used in ...
8
votes
5answers
2k 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 ...
2
votes
2answers
156 views

Do I have grounds for contesting this parking ticket

I live in Los Angeles, South Bay area. My brother was visiting from out of town, borrowed my car, unwittingly parked on residential street on street sweeping day at the stated hours, and got a ticket ...
2
votes
1answer
107 views

Can a non-California private resident transfer a handgun (used) not on the DOJ roster to a California resident? If so,what would the procedure be?

I have a friend in Oregon who has some 1911 frames that i would like to buy from him. Is this possible with me being a California resident. Also, can a non-California resident, who will be ...
0
votes
1answer
92 views

Can I face swap for a video I shot where an individual doesn't consent to using their likeness?

Say I'm shooting some video of an interview, and one of the people in frame claim that they do not consent to the use of their likeness in any film or derivative (or some similar phrasing). Can I face ...
3
votes
1answer
97 views

Do software developers typically retain ownership of work done OUTSIDE of work?

As a developer at a large software company, am I entitled to the right to work on my own projects, independent of my employer? I am referring to work completed on unpaid time, using only my own ...
0
votes
1answer
165 views

Can a landlord countersue tenant after tenant wins regarding over-charge of cleaning fee?

Suppose a tenant T sues their landlord L because of unlawful withholding of T's deposit - the landlord did not follow procedures in charging T the cleaning fee, and deducted $125 without any ...
3
votes
1answer
575 views

How to stop an alcoholic from driving?

This scenario takes place in the USA. Suppose I have someone close to me who has a very serious drinking problem. This could be someone physically (living) close to me or someone emotionally close to ...