Questions tagged [california]

Questions specific to the State of California.

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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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1answer
862 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
99 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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1answer
75 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
49 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
45 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
80 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
103 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
113 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
102 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
68 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
48 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
82 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
741 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
108 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
334 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
119 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
115 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
366 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
61 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
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
41 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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0answers
34 views

Should insurer ignore exclusions when extrinsic evidence contradicts allegations?

Commercial general liability insurance has exclusions that insurer doesn't have duty to defend or indemnify the insured in case claim arises of criminal activities, misappropriation of intellectual ...
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1answer
56 views

Can a California county restrict redistribution of its GIS products? (even if I FOIA the data)

Alpine County, CA makes a Parcel Map available for a certain fee. Many other counties make this data available for free but Alpine County charges some $1.3k to acquire it. This part is fine, and I ...
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0answers
19 views

Source for California citations in the form “vc” or “cvc” rather than the Veh. Code form

I have seen many citations of California codes that say things like 'VC § 1234', 'CVC § 1234', "vc sec. 1234", "cvc section 1234" etc, when referring to the Vehicle Code. I've also seen the same style ...
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2answers
40 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
31 views

Real estate - Transfer Disclosure Statement and Disclosure of Repairs

This question pertains to real estate law in the state of California. I recently purchased a house and moved in this past weekend. Yesterday, the first rain event of the season occurred, and several ...
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1answer
161 views

I bought a car from a person who is licensed as a dealer and now they are asking me to pay tax days after the purchase

I bought a salvaged car from a person with a dealer number. I paid cash in full. He gave me the title and I went went through the process of getting it registered with the DMV. The car is now ...
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0answers
69 views

Is it legal to hire someone to witness a situation (i.e. workplace bullying)?

I'm hoping to get some insights about the legality of hiring a witness to gather evidence. This person would be an unaffiliated third-party that simply listens in on a co-worker conversation from an ...
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0answers
35 views

Communal vs separate property, California divorce

I have opened a bank account shortly after getting married, solely in my name, and we never mixed our funds. I funded it initially with money I earned prior to marriage. My husband did the same with ...
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0answers
14 views

Can a medical provider be paid to display some advertisement for medical services/treatments/products in their office?

Can a medical provider be paid to display some advertisement for medical services/treatments/products in their office? If so, does the medical provider have to disclose that they had received ...
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0answers
37 views

Reimbursement for business use of personal phone

I work at a small company located in California. The company has indicated that they would like to begin forwarding all calls outside of business hours to my phone. In actuality there would be very ...
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2answers
74 views

Is it very difficult to collect a debt if the defendant cannot be served? [closed]

Small claims generally do not allow service by publication. If the defendant cannot be found you have to pursue a real lawsuit. This will not be worthwhile unless there is tens of thousands of dollars ...
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0answers
120 views

What is the maximum length of a school bus and trailer combination in California?

I have a 40 ft school bus rv conversion and am wondering what kind of vehicle this is legally when it comes to towing. I found some good material saying semis and trailers can be at max 65' long (http:...
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0answers
105 views

How the California Consumer Privacy Act (CCPA) impacts a non-Californian business?

January 1, 2020, the California Consumer Privacy Act (CCPA) goes into effect. The CCPA applies to any business anywhere in the U.S. or the world that does business in the state of California. Could ...
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0answers
42 views

Overtime hours & exemption for salaried 'Computer Professional' in California?

While looking into overtime exemption requirements, I came across an article that seems to indicate software developers required to work over 40 hours/week either need to be paid overtime as an hourly ...
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2answers
78 views

Buying a house in a partnership [closed]

I am buying a house with a colleague in California. I am paying 80% and he is paying 20%. He is going to live in the house, and pay rent for my 80% stakes in the house. Is it at all legal? Can I ...

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