Questions tagged [california]

Questions specific to the State of California.

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1answer
190 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 ...
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1answer
821 views

If I use my parents' address as my permanent address, can I get renters insurance at a different address?

Is it possible to have insurance at multiple locations? I use my parents' address as my permanent address, because I move quite often (within state - close to home), and it's a pain to have to change ...
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1answer
69 views

Insurance situation for unpaid babysitter [closed]

A friend of ours will be looking after our infant daughter for a few days. This will happen at her home with her family. She will do this without charge and we are also in no business relation to each ...
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1answer
891 views

Can I drive my friend's car without having car insurance myself?

I haven't owned a car for months, and I'm about to go on a road trip with a few friends. We want to split the driving between ourselves, but I haven't owned a car in months, so I no longer pay for ...
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1answer
48 views

Commercial autonomous (delivery) robot using sidewalks

Is it legal to operate a commercial autonomous robot on public sidewalks (and street crossings) to deliver pizza for example? The robot would not operate directly on roads or streets where it could ...
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1answer
129 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
105 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
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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23 views

Out of country court case related to employee / employer financial claim

I am a contractor in Ontario, Canada. However, I am not a citizen of Canada or the US. I am contemplating a court case against my contract-employer in the US, regarding non-payment of my salary ...
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1answer
111 views

Is home buyer allowed to back out from purchase in case seller sent materially different disclosure form after buyer removed contingencies?

Before visiting a property seller sent C.A.R. TDS form via email that stated that "guest house was remodeled without permits". Since guest house was advertised as part of property and ...
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39 views

Stove was replaced but old stove was not removed from premises

The stove had issues recently and it was replaced by the landlord. The worker who moved the stoves placed the old stove on the side of the house. I assumed the landlord would have it removed but that ...
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16 views

Online sale of disposable vape devices

My friend and I want to start an online subscription service for people who vape, but are unsure of the legal hurdles involved in selling Nicotine online. We are located in the US and would like to ...
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20 views

What taxes would a major corporation have to pay for their first remote hire inside of California?

Let's say there was a billion-dollar company. And they wanted to hire someone who was paid $100,000 in California as a W-2 employee. They previously had no one employee in California. What fees are ...
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93 views

Does California allow prescription window tints?

Prescription window tints = window tints that are darker than typically allowed due to a medical reason. I read in the California Assembly Bill no. 1303 (September 2017) – amended medical exemptions: ...
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0answers
57 views

Can I force my ex-spouse to remove my name from a loan?

In California, my girlfriend is on a mortgage with her ex-husband. In the divorce, she agreed that the property was his, but her name remained on the loan. Later, the ex-husband re-financed the house ...
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16 views

Product Liability and Consumer Expectation Test Regarding Cannabis Edibles [California]

There's a case where a first time edible user takes a gummy and incurs permanent health damage. I have to argue the stance that the consumer expectation test fails and there's a design flaw with the ...
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30 views

California news media defamation damages and actual malice

California Civil Code 48a concerns libels in news media: (a) In any action for damages for the publication of a libel in a daily or weekly news publication, or of a slander by radio broadcast, ...
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11 views

How does AB 375 (and its FCRA carveout?) address tokenized data brokering/APIs?

As I'm sure has happened to a few others this week, the bits of AB 375 (The California Consumer Protection Act) that came into force this month blindsided me a bit. I've tried to wrap my brain around ...
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2answers
30 views

What exactly is “publication” in commercial general liability insurance context?

CGLIs have following paragraph to define insurance trigger for advertising injury: Oral or written publication, in any manner, of material that slanders or libels a person or organization or ...
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0answers
32 views

Can insurer avoid duty to defend by speculating about extraneous 'facts'?

It looks like insured one can't speculate about extraneous 'facts' to trigger Duty to Defend: An insured may not trigger the duty to defend by speculating about extraneous ‘facts’ regarding ...
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43 views

Tasks which require professional licenses by non-licensed persons

Background (as I understand it in California) My friends, some stranger, or myself are allowed to do minor repairs (minor plumbing or electrical work) to a home, without the need for professional ...
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0answers
91 views

Does VII help employers oppress workers, or are there other laws that compensate?

I am wondering whether an employer can hire two people under the same job title and pay but deny them equal working conditions. For instance, it is common practice for Walmart to hire customer ...
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0answers
61 views

Can phone conversations be used in court as defense?

I live in California where all parties involved in the phone conversation have to give consent before phone conversation can be recorded. My question is - how the information discussed over the phone ...
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1answer
44 views

Can attorney fee clause be used without saying prevailing party will be reimbursed the cost?

Can attorney fee clause be used without specifying it is for prevailing party only? I see it is common, but without saying it is only for prevailing party does it mean my Landlord can sue me for any ...
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1answer
79 views

Checkout inspection - please clarify

I read this: "Within a reasonable time after either the landlord or the tenant gives notice of termination of the tenancy or before the end of the lease term, the landlord must generally notify the ...
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0answers
184 views

Speed bumps on private non-hoa road (California)

I live on a private non-city-maintained road. There are ~30 houses, and I'm roughly in the middle, it's a dead end road. There's no HOA and since we get snow there's one neighbor who has done the job ...
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2answers
1k views

In California, can landlords take money out of a security deposit for a “cleaning fee”

After doing some cursory research I've read that landlords cannot deduct damages for "normal wear and tear" from their tenants'. Does a "cleaning fee" that was stated in the rental agreement violate ...
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23 views

If a medical provider refers a patient to another medical provider/business, do they have to disclose any financial interest they may have?

If a medical provider refers a patient to another medical provider or medical business (e.g., an imaging lab), do they have to disclose to the patient any financial interest they may have in the ...
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2answers
207 views

Power of termination: how is it different from executory interest?

In CA, all defeasible fees are known as fees simple subject to a condition subsequent, and all executory interests reserved by the grantor after granting such fees are known as powers of termination. ...
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314 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 (...) ...
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1answer
50 views

Force third party to delete ssn from database

I erroneously gave my ssn to a recruiter working for a tech recruitment company. They asked for it because they needed it to post me for a bank job. At least that's what they claimed. Long story ...
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2answers
101 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 ...
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0answers
61 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 ...
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1answer
235 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 ...
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1answer
108 views

Do I have to pay an untimely electricity bill?

My gas and electricity utility company has not billed me for any of my use since I moved in to my apartment 6 months ago. To this day, I still have not gotten a bill. If they decide to bill me in the ...
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0answers
92 views

Paying with coins in the Massachusetts, California, or New York [duplicate]

Can a private entity in the states of Massachusetts, California, or New York refuse a payment made with coins (e.g., on the ground that they only accept a maximum of X coins)? https://en.wikipedia....
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0answers
76 views

What could I do to stop this scammer?

I saw on Craigslist a car that used to belong to me for sale with a lower mileage than it had when I sold it (by more than 200000 miles). I want to stop this person from causing any damage, but I ...
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0answers
52 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
55 views

My landlord refuses to honor signed lease due to typo!

So we have tried to sign the lease 5 times since may. Each time the landlord wouldn't sign stating that he needed to amend it. We sign in October. A week later I noticed that we get a discount of $...
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1answer
284 views

Transferring non-operational vehicle title to new owner in different state

I recently got married, and my new father in law gifted us a classic vehicle that needs a bit of repair to be operational. The vehicle is currently titled in California as a non-operational vehicle, ...
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2answers
666 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
29 views

EB-3 (Green card) case in different county from the company's current address

I work for a Marin County based company as a foreign self-employed freelance contractor (software developer), and my client wants to open an office in Los Angeles and invited me to work there. How ...
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2answers
3k views

Am I owed this profit-sharing benefit after quitting?

This is in California. I quit a job over a year ago and finally, just recently, got the last profit-sharing benefit. But when I saw the amount, it looks like I got 3-5% of my wages for the eligible ...
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2answers
174 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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1answer
135 views

Could someone be found guilty of hit-and-run in Calfornia if they didn't know they hit something?

Suppose someone were accused of hitting another vehicle with their vehicle. Suppose that the vehicle were sufficiently loud, bouncy, and difficult to maneuver (for instance, a 1970 Ford F250) that the ...
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1answer
136 views

Can a public school host a female non-binary and transgender event and exclude all males?

I was wondering if a school can host a female non-binary and transgender field trip or event and not include males. This is a public high school in California.
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1answer
90 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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2answers
378 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 ...
-1
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1answer
161 views

Is this termination procedure legal in California?

I live in California. I occupied a position for 8 months, where I sometimes worked from home (on a company’s laptop computer) sometimes on-site (on company’s desktop computer). Everything seemed to ...
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1answer
63 views

Am I interpreting “Removal of Contingencies With Offer” clause properly?

C.A.R. purchase agreement has following paragraph that has a checkbox next to it: C. REMOVAL OF CONTINGENCIES WITH OFFER: Buyer removes the contingencies specified in the attached Contingency Removal ...

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