Questions tagged [california]

Questions specific to the State of California.

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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
166 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
176 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
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
960 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
108 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
334 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
53 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
874 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
105 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
82 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
81 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
94 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
134 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
77 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
82 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
105 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
114 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
105 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
139 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
49 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
1k views

Is a commercial landlord liable for damage due to roof leaks?

A tenant has a modified gross lease of a small commercial warehouse in San Fernando, CA. During the rainy seasons of 2017-2018 and the very wet 2018-2019, the tenant reported, on multiple occasions, ...
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1answer
58 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
148 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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2answers
51 views

What Travel Expenses are Allowed in a Civil Suit?

In a civil suit involving repossession of a car in a remote city in California, it seems obvious that I can sue for the airfare to that remote city. But, what about hotel and meal expenses (or other "...
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1answer
355 views

Small claims court jurisdication over international employment agreement?

I am a US citizen originally residing in state S. I entered into an employment agreement with a company headquartered in country C1 (not the US), with physical offices in another country C2 and US (...
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1answer
120 views

Would an affidavit be admissible in criminal court to prove address fraud?

If I need to prove in California criminal court that the defendant did not reside at a certain address in 2017, it seems best to get the true "main resident" to testify in court: "I have never seen ...
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1answer
90 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 ...
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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 ...
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1answer
116 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 ...
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1answer
94 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 ...
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1answer
49 views

Software Development Contract and Inventions

The following is in a contract: For purposes hereof, the term “Inventions,” shall mean, without limitation, all software programs ... developed by Consultant, either alone or jointly with ...
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1answer
113 views

Tenant Law - Pay full rent for one day over 30-day notice?

I've been skimming over this trying to find if a landlord can demand rent for me staying a day over my 30 day notice. Specifically because the landlord is out of town that day. Can a landlord demand ...
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1answer
370 views

What are the statutes of limitation for civil lawsuits regarding utility bills between roommates?

Are there specific laws governing statutes of limitation for utility bills between household roommates? If not, I assume it would fall under some other existing category. Are utilities bills between ...
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2answers
15k views

What rights do I have if my apartment neighbor is smoking marijuana and the smell is entering my apartment?

To preface this, I'm looking specifically for California Law. I'm aware that medical marijuana is legal in the state of California, and am wondering if any other laws apply, similarly to tobacco laws. ...
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1answer
46 views

Recording a conversation with a non-federal employee

I am considering recording a conversation or try to secretly record one between me and a non-federal employee. I am currently a federal employee, not FBI or CIA but am investigating on my own a ...
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1answer
38 views

How do I file for a Trademark or Service Mark in a US state?

How and where do I simply file for a state trademark? Should I do a service mark instead? I am trying to file a business name and a slogan, so I'm expecting to do two separate filings. I am in ...
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2answers
63 views

How can I free a service provider from estimate liability via disclaimer?

I want to ask for a quote, but I don't want the service provider to be legally bound to the estimate. What should I disclaim in my quote request?
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1answer
150 views

What is this called? E.G: Competition buys product, breaks it, and asks for a return

Say I'm selling at a swap-meet. A person who, unbeknownst to me, is operating another store in the same area approaches my stall and purchases an item (specifically an old, but still functional ...
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0answers
62 views

Did Cliff Booth commit crime by killing Tex and Katie?

In Once Upon a Time in Hollywood, Cliff Booth defends himself and his friends from intruders Tex, Sadie and Katie (the Manson Family killers). First, Tex fails to shoot Cliff as Cliff's dog takes Tex ...
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0answers
24 views

Rights to documents sent on your behalf by an insurance company

I recently had my insurance company file subrogation against a government entity for the recovery of my deductible (and presumably their expended cost) after my vehicle was damaged on government ...
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0answers
42 views

Do old buildings have to conform to “modern” building code in California?

I've only got the 2016 building codes on me, but there don't seem to be major changes in the relevant 2019 building codes according to what information I've been able to find. Section 402.5 (Chapter ...

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