Questions tagged [california]

Questions specific to the State of California.

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1answer
80 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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3answers
671 views

Trespassing on public property for filming a public area in California

I was filming at a County Social Service office. The Social Service Administrator told me to leave because I was filming and called the Sheriff. The Sheriff arrested me for trespassing.
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2answers
79 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
86 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
58 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
405 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
37 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. CA ...
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1answer
42 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
51 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
114 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
559 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
419 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
167 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
180 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
2k 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
4k 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
1k 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
119 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
345 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
101 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
56 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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1answer
889 views

In a T intersection, does an unmarked crosswalk exist between the intersection and any sidewalk on the other side of that intersection?

Suppose I approach a T intersection but am on the road that doesn't have a stop or yield sign and I do not intend to turn. There is a sidewalk on the other side of the intersection and a seeing ...
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1answer
110 views

Is appeal to Disciplinary Review Committee worth it (Barbering & Cosmetology)?

I am helping a friend who has to attend Disciplinary Hearing (California). Basically the inspector checked foot SPA at her beauty salon and took off the foot SPA screen (the white thing in the ...
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1answer
153 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 ...
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2answers
88 views

Ethics related to representation of a person with impaired judgement

We have a family member who has hired an attorney in the state of California. The family member is the beneficiary of a special needs trust (an SNT). The family member wishes to break the trust, and ...
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1answer
83 views

Are passengers allowed to record the audio of their interactions with the US immigration officers when clearing the immigration as they enter the US?

Are passengers allowed by law to record the audio of their interactions with the US immigration officers at the airport when clearing the US immigration as they enter the US via air travel? If state-...
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1answer
98 views

How to convince Google to fix a problem that caused few thousand $ damage?

Edited for less mystery. Sorry Google, I wanted to keep your name out of it. I'm an independent software developer, a solo entrepreneur, publishing apps at Google Play. About a month ago, Google ...
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1answer
141 views

What are my rights if my neighbor is belligerent in his own home?

I live in a condo and my neighbor with a shared wall has violent and profane outbursts. We believe he has a mental problem and has episodes of loud yelling and slamming doors/throwing furniture. It ...
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1answer
78 views

Apartment lease clause where landlord can unilaterally amend lease (with 30 days' notice) without tenant's approval

While reviewing a lease (in Sunnyvale, California) for an apartment-hunting friend, I saw this clause: New policies and rules or amendments to this document may be adopted by Owner/Agent upon ...
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1answer
50 views

Statute of Limitations on Prosecution

What is the Statute of Limitations for prosecution in CA,USA on Penal Code #308a? I have tried everything. Please help?
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1answer
46 views

Are there precedents where attorneys have been punished for plagiarism in their court filings?

Let's assume that plaintiff and his attorney wrote a complaint and sued you in a state court. You later discover that plaintiff has brutally copy pasted multiple paragraphs from a different, unrelated ...
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1answer
83 views

What responses can be filed against plaintiff's complaint that was filed with intent to harass?

Imagine that a plaintiff and his attorney both have acted in bad faith and sued you, and that: "facts" alleged by the plaintiff in the complaint are wrong and the plaintiff's attorney has not done ...
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2answers
57 views

Does California's Information Practices Act (IPA) of 1977 apply to individuals after death?

I'm in the midst of researching a person who was born in 1892 and died in 1969 in California. The subject has no living heirs. I've requested documents from the California Department of Consumers ...
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2answers
107 views

What are my rights and proper actions if the food contains traces of household chemicals?

I recently bought a juice from the supermarket. That specific type of juice is probably produced in that supermarket locally. After trying it, I am reasonably confident that it contains soap. For the ...
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1answer
120 views

Car parked at my residence was made dirty by neighbouring building construction: can I get compensated?

My car parked at my residence was made dirty by some neighbouring building construction. Can I get compensated in some way (e.g., paying for car wash)? I live in California, USA.
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1answer
107 views

Impossible-to-satisfy requirements for opting out of arbitration

I recently started using an online service whose Terms of Use include a mandatory arbitration provision. The terms include the statement You can opt out of the arbitration and class action waiver ...
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1answer
163 views

Can I use a corporation name that has been “Merged Out” as my new corporation name in California?

I did the search on California Secretary of State - Business Name site, and it shows the status as "Merged Out" (more than 20 years ago). I also searched the US Official Trademark Db site for the ...
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1answer
50 views

Distinction between a dinner party and a pop up restaurant

Background: I live in Alameda County, CA. I spent the last three years intently pursuing a cooking hobby, and believe I have gotten pretty good at it. I am interested in practicing cooking for a ...
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1answer
85 views

Compensation for working more than contract states

The employment contract that I signed specified that I work a maximum of 20 hours a week. For the past two years I've been scheduled more that, around 24-40 hours a week. Does this entitle me to ...
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1answer
62 views

Is the LIHTC assistance program exempt from the lawful source of income discrimination?

I am applying to lease an apartment in California that rents under the "Low-income Housing Tax Credit Program (LIHTC). My source of income is S/S and secondary income from investment interest. The ...
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1answer
149 views

In California is it legal to offer less to a senior developer than a non-senior developer

So I've read about the Fair Pay Act, which is unclear if it also covers people of the same sex. I know it is not legal for the company to prohibit salary discussion between employees. I am currently ...
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1answer
116 views

Working in high school while concurrently enrolled

I'm a homeschooled high-school sophomore, concurrently enrolled at a local community college taking advanced math classes. My Calculus instructor asked me to take a job as a supplemental instruction ...

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