Questions tagged [california]

Questions specific to the State of California.

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2answers
300 views

CCP Section 209 (b) Ordered to Appear in Court, however, employer has declined to allow me to appear

My employer has declined to allow me to appear in court today. I missed two jury summonses and have been issued an order to appear to explain. I am due to show today, however, my employer has a lot to ...
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874 views

Can landlord backbill 4.5 years worth of utilities that were never billed to us bimonthly as directed in the lease? (RSO rental)

My landlord has back-billed me for 4.5 years of water utilities and are saying I owe them money. The lease does state that the tenant pays for water (split as a percentage with the adjacent duplex ...
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163 views

Is there any legal precedent for copyright to one's image when digitally recreated?

Note: This question includes slight spoilers for Rogue One: A Star Wars Story In the recent addition to the Star Wars franchise Rogue One, there is a scene depicting Princess Leia as she appears in ...
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1answer
565 views

Can I sue from California, in small claim court, someone in England who is British?

Can I sue from California, in small claim court, someone in England who is British? I live in California and this guy sometimes comes to CA for business. He stole money from me in the U.S.
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1answer
289 views

If an emergency vehicle approaches from ahead while I am driving on a two-lane road with no shoulder, what am I obligated to do?

This morning, I was driving along a road that had one lane going each way. There was no shoulder; to my right was just a field. Up ahead, there was an emergency vehicle coming toward me.
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3answers
202 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 ...
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1answer
37 views

Are video consent forms needed for minors to participate in live video conferencing?

Since many classes are going online, do children under 18 require their parent/guardian to sign a consent form so they can participate? Would it be different from a video release consent form since ...
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1answer
41 views

Can an individual in California file a small claims case and NOT serve the defendant (or defer the serving)?

Does California allow a plaintiff to file a small claims case and either not serve the defendant or defer the serving until some time in the future (perhaps the plaintiff has 6 months to serve the ...
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1answer
69 views

Can a US firm legally hire someone as intern after they have graduated from school/university and aren't enrolled in any school/university?

Can a firm US based in the United States legally hire someone as intern after they have graduated from school/university and aren't enrolled in any school/university anymore? If state-dependent, I ...
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1answer
54 views

Michigan-Registered Car driving in California Front License Plate Question

I am moving from Michigan to California. I am shipping my car, it is in transit. The car is registered in Michigan and Michigan does not require the car to have a front license plate, so my car does ...
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1answer
77 views

Is customer list really a trade secret in California?

This is about the lawsuit where our tenants and we, the landlord, are being sued for misappropriating competing beauty salon's trade secrets (i.e. customer list). We are about to sign retainer ...
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1answer
53 views

Independent contractor, feeling like an employee - Will California's AB5 change my classification?

I have been an independent contractor in California for a number of years with a business. Some of my tasks include graphic design, ad creation and management, search engine optimization, product ...
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2answers
83 views

Can the plaintiff in a civil case change the requested damages after the defendant has already been served the summons?

I have a very oddly specific situational question; In a civil lawsuit where a plaintiff is attempting to gain a sum of money from the defending party, is the plaintiff and their counsel allowed to ...
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1answer
68 views

Contract still valid after servicer changed name?

There is no clause in the contract about transfer of service (or whatever you call it) like if it's still enforceable even after the service has been transferred to someone else. I had a contract ...
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1answer
54 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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1answer
72 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). ...
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1answer
76 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 ...
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2answers
106 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. ...
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1answer
110 views

Rent increase with 2 offers in California Bay Area

I just received my rent increase notice and noticed that there are 2 offers: One year lease contract would increase my rent by 10% Month-to-month leasing with the amount from #1 + $500. I got this ...
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1answer
2k views

Is it legal for police to travel with a film crew and publicize arrest footage without consent?

Am I right to assume that police bodycam footage is only allowed to be released as part of a court order / as evidence? If this were true, than wouldn't a news crew accompanying the police officer ...
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1answer
275 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.
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1answer
74 views

Could U.S. states test a wealth tax?

There has been some debate in the Democratic Party on the subject of a federal wealth tax. I know that there is some debate about the constitutionality of a wealth tax, but for the purpose of this ...
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1answer
47 views

How does rental income garnishment work?

I am a former tenant and never received my deposit. The small claims court ordered my deposit be paid in full. I understand I can garnish rental income from my landlord who still refuses to pay. My ...
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1answer
85 views

Stop paying for service after company refuse to end contact even on valid ground

So I signup for a service with a 1-year contract. After a year the contact would be renewed on a month to month basis with 1-month notice to terminate the service. I have contacted the company and ...
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2answers
67 views

Is it possible to request a copy of my client file from the public defender and district attorney office?

I have a disposition hearing for a new case and I would like to present evidence, particularly from conversations between my public defender and my doctor and the DA and my doctor, from an old case. ...
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2answers
82 views

What are my working hours rights as an exempt employee

My new boss wants to use the following paragraph in my contract to insist that I be in the office 9 - 6 Mon - Fri, be on call 24/7, and go into the office out of hours regularly (including weekends): ...
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2answers
73 views

County of Sacramento v. Lewis - who owned the motorcycle?

In County of Sacramento v. Lewis oral arguments, as found on Oyez, Justice Scalia said, questioning the counsel for respondent Philip Lewis And he owned the motor cycle, didn't he? And he ...
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1answer
51 views

How to prepare for early termination of 12 month lease

I am planning to enter into a 12 month lease in California. However, circumstances may arise which require me to move out before the lease ends. I looked at what typically happens with early ...
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1answer
379 views

California Recording Law - Do recordings need to be used as stated?

In California, two-party consent recording law requires that consent be obtained by all parties before recording phone calls. I've pasted relevant parts of this law below. Further, subsection (d) of ...
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1answer
36 views

LLC liability for prior (sole proprietorship) product

Say that I start selling a digital product while operating as a sole proprietorship. I later go through the process to form an LLC, and then continue to sell the product under the name of my LLC. ...
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1answer
60 views

Mobile home park in California charging extra fees for television service

I live in a mobile home park in California. Recently, the park announced that our TV service will be provided by the park and instead of paying the TV provider, we will be paying the park directly. ...
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1answer
41 views

Does legislation around government transparency (e.g. FOIA or Sunshine ordinances) apply to public sector hiring processes?

Can Civil Service applicants be required to sign confidentiality agreements regarding the application and interview process? Can FOIA/Sunshine requests enjoin government offices to disclose present ...
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1answer
50 views

Deposit return after lease is up with multi-renters

My son is renting a 2-bedroom apartment with 4 other people in Santa Cruz, CA. It was initially agreed that he would share a room with one of the other tenants. That agreement did not work out, ...
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1answer
90 views

Legal requirements to build exercise equipment?

I want to fabricate a powerlifting rack for my local gym either as a donation or possibly bought to advertise my racks. It just occurred to me that there may be structural legalities when making such ...
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1answer
21 views

Non-profit donations for organizational overhead

What percentage of a tax-exempt nonprofit's donations can be used for overhead costs in California?
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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 ...
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1answer
535 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 ...
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2answers
409 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 ...
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1answer
2k views

What is Hans Reiser's earliest release date?

This question is about Hans Reiser, a well known software developer who murdered his wife and is currently serving his prison term for that. His case has drawn significant media attention, mainly ...
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1answer
73 views

What instrument protects contractual interest in a real property purchase?

Jurisdiction: U.S., California Hypothetical Facts: A (buyer) and B (seller) sign a purchase and sale agreement for real property, R. After the contract is signed, but before the contract settles and ...
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1answer
162 views

If a person under the age of 18 is married in a state other than California, are they considered emancipated if they live in California?

The California courts website states: There are 3 ways to get emancipated: Get married ... Most sites seem to cater to the most obviously applicable situation, where a minor is ...
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2answers
173 views

If my mom refuses to take in my brother, is that abandonment?

My 15 year old brother is currently living with me in California. I am planning on taking him to stay with my mother in the next several days (also in CA). She does not own a home; she stays with a ...
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1answer
1k views

Do pharmacies have the legal obligation to keep the prescription for 10 years in the United States?

Do pharmacies have the legal obligation to keep the prescription for 10 years in the United States? I am mostly interested for in the states of California, and Massachusetts. I am asking as this was ...
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1answer
2k views

Does asking money to not press a criminal charge also constitute extortion?

Let's say that someone scams me, yet I manage to find this person and tell that if I'm not paid some money I will press charges as theft by deception. Does this also qualify as extortion? Generally, ...
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2answers
3k views

Can a medical practitioner legally charge health insurances a different amount from what it would charge a non-insured patient?

In the United States, can a medical practitioner legally charge health insurances a different amount from what it would charge a non-insured patient? I am mostly interested for in the states of ...
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1answer
873 views

Termite Infestation - What are my rights?

Back story Moved into an apartment in Santa Monica, California, signed lease, buy new mattress and place it on floor. Buy new bed frame a week later and lift mattress to find termites burrowing into ...
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1answer
99 views

Is it possible to name an organization as the executor of my “last will”?

Is it possible to name an organization as the executor of my "last will"? I don't have any children. My will is just going to be a formality, since I'm only 41, so I'd rather not spend a ton on legal ...
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1answer
234 views

What can a person do if this person see his/her property being damaged or stolen?

Most people definitively would be very upset when seeing his/her property being vandalized or stolen and the reaction would range from simply shouting to even using deadly force or simply being afraid....
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1answer
98 views

Can I sublet my apartment for the full lease amount and then live there effectively for free?

If I'm leasing a 2 bedroom apartment, can I sublet for the full amount of the lease, then live in the other room for free? Can the person I'm subletting to have a legal right to kick me out, even ...
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1answer
51 views

Can a Renter Display Construction/Road Signs on a Rental Property?

Can a renter install highway or road signs on a rental property? And I mean like drilling right into the side of the house, which is stucco. I'm in California and have a new problem neighbor who has ...

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