Questions tagged [california]

Questions specific to the State of California.

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3
votes
1answer
283 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 ...
3
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2answers
13k views

Is other party by law required to give you a copy of contract, if you don't have one, but he does?

I am helping a friend who has signed some documents for her business with a Credit Card Processor company. However, at the time of signing up for this service she forgot to ask for a copy of all ...
3
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1answer
325 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,...
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.
3
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1answer
310 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 ...
3
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1answer
109 views

What does “resting on” mean in Vehicle Code 27400 VC (drivers aren't allowed to wear headphones in California)?

The California state law Vehicle Code 27400 VC (mirror) states that: A person operating a motor vehicle or bicycle may not wear a headset covering, earplugs in, or earphones covering, resting on, ...
3
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4answers
18k views

Purchase of alcohol with a minor present

Hello people who know a lot more about alcohol laws than me, So a general gist of my question is, why is it legal for certain stores to deny the sale of alcohol to me (who is over 21) with a minor ...
3
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2answers
502 views

Can a landlord renege on a verbal rent agreement made by former staff?

Background I moved into a studio apartment that had a $200 rent reduction, valid for 6 months through the end of December 2017. An employee with the property management company had told me to reach ...
3
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1answer
917 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 (...
3
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1answer
102 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 ...
3
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1answer
51 views

If insurer defends insured under Reservation of Right then can they seek reimbursement for legal costs?

Let's assume insurance company in California agreed to defend its insured and picked a legal counsel to represent their insured. But at a later date sent a reservation of rights letter with following ...
3
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1answer
63 views

What happens if the officers of a company refuse to show up at board meetings?

Acme, Inc. is a California corporation. They have quarterly board meetings. To have a quorum, they need one of the officers to show up: the CEO, the CFO, etc. None of the officers are willing to ...
3
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1answer
99 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 ...
3
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1answer
86 views

What are the best defenses to an unlawful eviction action by a landlord?

What are the BEST defenses to an unlawful eviction even when I am currently caught up on all my rent in rent-controlled West Hollywood California?
3
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1answer
136 views

What happens under the California Voting Rights Act if appropriate districts cannot be drawn?

In recent years there has been a fair amount of press about lawsuits brought under the California Voting Rights Act. As near as I can tell, this law essentially requires cities to draw council ...
3
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2answers
5k views

Under California law, where are all the unmarked crosswalks located?

As I understand, "unmarked crosswalk" refers to any area implicitly defined by the law as a crosswalk. For example, an unmarked crosswalk usually exists where one road meets another. CVC 21949-21971 ...
3
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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 ...
3
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0answers
54 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 ...
3
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1answer
102 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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2answers
304 views

Can the government force you to change your license plate?

There was an interesting story on hacker news today: A man with the vanity plate NULL ended up gettings thousands of dollars of parking tickets because of a computer glitch. When he complained about ...
2
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2answers
275 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: ...
2
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3answers
68 views

Can someone collect damages without providing receipts?

This question could apply to any part of the United States, but particularly to California, which is unusually consumer friendly. Suppose I am involved in minor car accident (basically a fender ...
2
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1answer
1k views

H&R Block gave me someone else's personal info by mistake. What do I do?

I needed to amend my 2013 tax return so I went to H&R Block, my first mistake. A few weeks later I went back to the H&R block office to pick up my amended return and other supporting documents....
2
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1answer
78 views

Can one pass another vehicle if the line dividing the (two-way) roadway is double, dotted, yellow in California?

Can one pass another vehicle if the line dividing the roadway is double, dotted yellow in California? Example of such a line: Video: https://youtu.be/EL1gieTP3kM. Note it is a two-way street, ...
2
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2answers
133 views

Is it legally allowed to run a red light by make a double right turn at intersection?

I was at the red light in an intersection, the street to my right was a residential undivided street. This car made a curve to that street and turn right out. It wasn't even a U turn. The path the car ...
2
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1answer
790 views

What's the difference between a single solid white line and a double solid white line?

What's the difference between a solid white line and a double solid white line on the United States? I read on https://www.wwinjurylaw.com/blog/2016/november/can-i-cross-over-the-solid-double-white-...
2
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2answers
2k views

Can a neighbor point cameras at our backyard and the back of our house?

We live in the hills. And the way our neighborhood is designed is as you go up the hill, there will be a house below you, and a house above you (which are side by side to your property). The elevation ...
2
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2answers
349 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 ...
2
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1answer
186 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 ...
2
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2answers
965 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
2k views

What rights do inmates have during natural disasters?

The water level behind Oroville Dam, CA, recently went way up due to heavy rain, and the rarely used "emergency spillway" was used for the first time in the dam's 50+ year life. It sustained ...
2
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2answers
803 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 ...
2
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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
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2answers
281 views

Trespassing on public property for filming a public area in California

I was filming at a County Social Service office, they clearly pointed out there dissatisfaction of the camera and called the Sheriffs, the Social Service Administrator told me to leave because I was ...
2
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1answer
79 views

California Emission Standards

If indeed the headline is correct: Trump revokes waiver for California to set higher auto emissions standards, the waiver grants California the authority to set higher standards in favor of the ...
2
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1answer
77 views

Parent dead without a will

A person dies without a will in California, US, and one of several children proposes to take control of real estate. Under what conditions is this legal? How can such action be challenged, if it can ...
2
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1answer
107 views

What's the next step if a debt collector doesn't respond to my debt dispute?

A month ago I received a debt collection letter about an alleged unpaid tax bill. I did not recognize the bill, and had definitely never heard of it before this, so I sent them a letter within a few ...
2
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2answers
339 views

Why California codified “A trustee may not require a beneficiary to relieve the trustee of liability…”?

Full text of California Code Section reads: ARTICLE 1. Trustee’s Duties in General [16000 - 16015] ( Article 1 enacted by Stats. 1990, Ch. 79. ) 16004.5. [click for link] (a) A trustee ...
2
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1answer
165 views

Is there any theory that would let someone recoup their money from buying overpriced jewelry?

This question is inspired by this article. Alice purchases jewelry from dealer, Bob, for $15 million. Alice hires Carol to appraise jewelry. Carol advises Alice jewelry is worth $5 million. Alice ...
2
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1answer
121 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 ...
2
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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 ...
2
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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
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1answer
65 views

At which moment does the fraud happens during a fraudulent transaction?

Does the fraud requires the fraudulent transaction to be paid or it already constitutes fraud by the time the fraudulent service or good is offered? Or is there any other moment when the fraud happens?...
2
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1answer
132 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 ...
2
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1answer
100 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 ...
2
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2answers
64 views

Can a governing body be held accountable for defamatory statements?

San Francisco just passed a resolution declaring the NRA to be a domestic terrorist organization. Agree or disagree with the NRA, it can hardly be defined as a domestic terrorist organization, at ...
2
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1answer
119 views

Over-serving an intoxicated customer

I work for a cafe in Southern California. Recently a guest purchased five mimosa cocktails over an hour time period, three of which were ordered within 20 minutes. The guest was by themselves the ...
2
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4answers
318 views

Can a gym ban me without actual proof of me taking a picture?

TL;DR I have a gym membership that allows me to use multiple locations. Another location told me I'm allowed to visit only 10x per month. I pulled out my phone to write down the name of the employee. ...
2
votes
2answers
86 views

Tenant joint letter to evict an other tenant?

I am in the Los Angeles area, and there are 4 tenants in my house. The last tenant who just moved in yesterday smokes, I told him that he needs to do it at the far end of the yard, and clean up ...
2
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1answer
172 views

Can private schools in CA require a uniform?

California has what's known as Leonard's law that protects free speech when on a private school campus, whereas the rest of the country says private schools can control speech on their campuses. I'm ...

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