Questions tagged [california]

Questions specific to the State of California.

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1answer
63 views

Cosmetology salon workers status in California from 2020?

I have been reading at various sources that beauty salon workers that have independent contractor status would be reclassified as employees starting from 2020 throughout the California. Presumably ...
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31 views

How to handle an existing business' income and expenses when incorporating

I'm looking at incorporating my sole proprietorship as an S Corp. (An alternative I'm also looking into is an LLC taxed as an S Corp). My existing company already has income and expenses in 2020. ...
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1answer
93 views

Does an Equipment Failure Count as a Test Failure for California DMV?

This is not about me, but it is a question that has come up with someone I know. In California, if you show up to take the DMV drive test, and you can't take the test because of an equipment failure (...
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53 views

1980s California murder trial transcript

I'm not a legal student or scholar, but I'm looking to get my hands on a full transcript of a California murder trial from the 1980s in which the defendant recieved the death penalty. Since the LA ...
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1answer
49 views

Who needs to take the California driver license renewal test?

A few weeks ago, I went to DMV office in California to renew my driver license. They asked me to take an 18-question renewal test. I took the test and passed it and received my renewed driver license, ...
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1answer
59 views

Wrongful Death Medical Malpractice

My Mom was killed by Kaiser, I have the hospital report. She died from sepsis but was on dialysis. They were giving her contraindicative drugs, treating her for diabetes, which she did not have and ...
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1answer
101 views

At what point does a local garden produce exchange run into legal barriers?

I have an idea for a local garden produce exchange. Assuming two neighbors swapping lettuce has zero legal restrictions, at what point would we run into legal barriers while expanding in the ways ...
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1answer
67 views

residency in california [closed]

I am 22 years old. I am self-supporting. In 2017 - 2018, I lived in San Jose and paid my rents and expenses,In 2018-2019 I moved to Davis and stayed with my aunt. Because I have been living with my ...
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1answer
121 views

California Penal Code, Section 800 Statute of Limitations

California Penal Code Section 800 states "Except as provided in Section 799, prosecution for an offense punishable by imprisonment in the state prison for eight years or more or by imprisonment ...
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1answer
52 views

Practicalities of suing California-based business from abroad over minor but strong case

Bob, residing outside of the US, has installed a mobile app run by a California-based business and paid a one-year subscription worth under $200. The app happens to have a showstopper bug: basically, ...
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2answers
108 views

Difference in severance package between 2 employees within a one month span

In my ex-company, there were 2 layoffs with in a span of 1 month. In the 1st layoff, the severance pay package was better than 2nd layoff. Will the employees affected in the 2nd round have any ...
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1answer
132 views

How do I press charges against my former broker for forgery?

I am a Realtor. When I was first licensed I began working for a broker in Los Angeles, CA. After almost 2 years we had a dispute and he refused to pay me. It was at this time it was discovered that I ...
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1answer
57 views

Got into a car accident, do I need a police report?

I got into a car accident today. There are no injuries involved. Do I need to file a police report? I live in California. One police station tells me that I don’t need to file a report, another tells ...
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2answers
40 views

Financial Debt Transaction question, Compliance/accounting laws

I am an IT Database person at our company. Our company does not have a financial transaction interactive program for business users, to log customer debt payments or debt increases. So they are ...
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1answer
79 views

Can I start a business in California without being a resident and without a physical location?

The details are that I would likely be a resident 4 to 6 months a year and that the business does not need a physical location as we provide local shipping services through independent operators - ...
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1answer
43 views

Sell parcel to beneficiary of deed of trust

In California, suppose the Beneficiary of a Deed of Trust wants to buy the parcel from the Trustor, but the Trustor still owes some money. What deeds would get recorded to make this happen? My ...
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2answers
158 views

Is a partially-visible California Proposition 65 Label “Clear and Reasonable”?

Given that it is possible to identify a California Proposition 65 label on a picture of a product used in a web store even if it is only partially visible and at angle, can that be construed as ...
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1answer
140 views

Can language in a settlement agreement have affect on taxes for a personal injury lawsuit?

I am located and suing in California. My lawyers filed a personal injury lawsuit/claim and sent a CCP 998, which the defendant accpected for judgment in my favor. The defense has sent over a ...
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3answers
67 views

Why should I use a lawyer to form a single person LLC in California?

I want to form an LLC in California for my new business. I will be the only owner and employee. I've been looking into sites like legalzoom and incfile as well as local business lawyers. Both business ...
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1answer
112 views

Origins and legal terminology for the distinct classes of crimes such as Theft and Rape

I came across a recent news article on verdict related to the Roman Polanski Case. In which A judge has rejected a request by the woman who was raped by director Roman Polanski 40 years ago to have ...
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74 views

Can a auto finance company refuse to give me a copy of my contract or balance details?

Can a car company refuse to give me a copy of my payment history and balance details?
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1answer
54 views

For California divorce default what should the declaration about cohabitation state?

California family law. Request to enter default is rejected, with the statement of If both parties are still residing in the same residence then each party must submit a declaration penalty of ...
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1answer
101 views

Can I face swap for a video I shot where an individual doesn't consent to using their likeness?

Say I'm shooting some video of an interview, and one of the people in frame claim that they do not consent to the use of their likeness in any film or derivative (or some similar phrasing). Can I face ...
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1answer
183 views

Can a landlord countersue tenant after tenant wins regarding over-charge of cleaning fee?

Suppose a tenant T sues their landlord L because of unlawful withholding of T's deposit - the landlord did not follow procedures in charging T the cleaning fee, and deducted $125 without any ...
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1answer
767 views

If I use my parents' address as my permanent address, can I get renters insurance at a different address?

Is it possible to have insurance at multiple locations? I use my parents' address as my permanent address, because I move quite often (within state - close to home), and it's a pain to have to change ...
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1answer
69 views

Insurance situation for unpaid babysitter [closed]

A friend of ours will be looking after our infant daughter for a few days. This will happen at her home with her family. She will do this without charge and we are also in no business relation to each ...
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1answer
817 views

Can I drive my friend's car without having car insurance myself?

I haven't owned a car for months, and I'm about to go on a road trip with a few friends. We want to split the driving between ourselves, but I haven't owned a car in months, so I no longer pay for ...
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1answer
46 views

Commercial autonomous (delivery) robot using sidewalks

Is it legal to operate a commercial autonomous robot on public sidewalks (and street crossings) to deliver pizza for example? The robot would not operate directly on roads or streets where it could ...
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1answer
128 views

Can the Small Claims Court in California be used to rescind a sale?

If a good was sold and the buyer sues for a rescission because of a misrepresentation of the good during the transaction, can this lawsuit be filed in the Small Claims Court?
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1answer
101 views

How to find small claims court records?

I'm looking for cases similar to one that I'm searching about on how to work on a defense in the Santa Clara County Small Claims Court, but I cannot the records besides the history of the process. How ...
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1answer
102 views

Subpoena Duces Tecum - who to contact regarding disclosure of company records

Mostly hypothetical subpoena duces tecum. How would I ask a company for the contact information and whatever else that I would need in order to prepare for a subpoena for data, documents, & ...
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54 views

Mold issue, landlord negotiates to bear half the cost now backtracks and suing for 30K [closed]

a friend of mine rented a 4 bed 3 bath individual house in Santa Clara,CA in the year 2018 and extended the lease twice, however this year, in January, they spotted some mold under the kitchen sink ...
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16 views

Online sale of disposable vape devices

My friend and I want to start an online subscription service for people who vape, but are unsure of the legal hurdles involved in selling Nicotine online. We are located in the US and would like to ...
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20 views

What taxes would a major corporation have to pay for their first remote hire inside of California?

Let's say there was a billion-dollar company. And they wanted to hire someone who was paid $100,000 in California as a W-2 employee. They previously had no one employee in California. What fees are ...
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47 views

Does California allow prescription window tints?

Prescription window tints = window tints that are darker than typically allowed due to a medical reason. I read in the California Assembly Bill no. 1303 (September 2017) – amended medical exemptions: ...
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57 views

Can I force my ex-spouse to remove my name from a loan?

In California, my girlfriend is on a mortgage with her ex-husband. In the divorce, she agreed that the property was his, but her name remained on the loan. Later, the ex-husband re-financed the house ...
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15 views

Product Liability and Consumer Expectation Test Regarding Cannabis Edibles [California]

There's a case where a first time edible user takes a gummy and incurs permanent health damage. I have to argue the stance that the consumer expectation test fails and there's a design flaw with the ...
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30 views

California news media defamation damages and actual malice

California Civil Code 48a concerns libels in news media: (a) In any action for damages for the publication of a libel in a daily or weekly news publication, or of a slander by radio broadcast, ...
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11 views

How does AB 375 (and its FCRA carveout?) address tokenized data brokering/APIs?

As I'm sure has happened to a few others this week, the bits of AB 375 (The California Consumer Protection Act) that came into force this month blindsided me a bit. I've tried to wrap my brain around ...
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2answers
26 views

What exactly is “publication” in commercial general liability insurance context?

CGLIs have following paragraph to define insurance trigger for advertising injury: Oral or written publication, in any manner, of material that slanders or libels a person or organization or ...
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32 views

Can insurer avoid duty to defend by speculating about extraneous 'facts'?

It looks like insured one can't speculate about extraneous 'facts' to trigger Duty to Defend: An insured may not trigger the duty to defend by speculating about extraneous ‘facts’ regarding ...
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43 views

Tasks which require professional licenses by non-licensed persons

Background (as I understand it in California) My friends, some stranger, or myself are allowed to do minor repairs (minor plumbing or electrical work) to a home, without the need for professional ...
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91 views

Does VII help employers oppress workers, or are there other laws that compensate?

I am wondering whether an employer can hire two people under the same job title and pay but deny them equal working conditions. For instance, it is common practice for Walmart to hire customer ...
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60 views

Can phone conversations be used in court as defense?

I live in California where all parties involved in the phone conversation have to give consent before phone conversation can be recorded. My question is - how the information discussed over the phone ...
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27 views

Law In CA for driving with expired registration

Okay I can’t seem to find what I’m looking for. Everything comes up as expired tags when searching for expired registration. My tags are good through this month. I only have expired registration, I ...
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1answer
43 views

Can attorney fee clause be used without saying prevailing party will be reimbursed the cost?

Can attorney fee clause be used without specifying it is for prevailing party only? I see it is common, but without saying it is only for prevailing party does it mean my Landlord can sue me for any ...
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1answer
77 views

Checkout inspection - please clarify

I read this: "Within a reasonable time after either the landlord or the tenant gives notice of termination of the tenancy or before the end of the lease term, the landlord must generally notify the ...
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55 views

Can I sue my landlord for failing to mark the dangers of something under construction?

The two jacuzzies in my complex are out of order and smell/look like human cesspools. The two signs that used to be on them, "out of order" are no longer there, but the jacuzzies remain in the same ...
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107 views

Speed bumps on private non-hoa road (California)

I live on a private non-city-maintained road. There are ~30 houses, and I'm roughly in the middle, it's a dead end road. There's no HOA and since we get snow there's one neighbor who has done the job ...
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2answers
834 views

In California, can landlords take money out of a security deposit for a “cleaning fee”

After doing some cursory research I've read that landlords cannot deduct damages for "normal wear and tear" from their tenants'. Does a "cleaning fee" that was stated in the rental agreement violate ...

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