Questions tagged [california]

Questions specific to the State of California.

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1answer
98 views

No roommate agreement. One roommates wants to move out early of 1 year lease. Who pays rent?

Let's assume that two co-tenants jointly signed a 1 year lease with landlord. One co-tenant now wants to move out early after living there just 1 month. There is no roommate agreement. What are the ...
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1answer
86 views

Does the current ban on evictions apply to expiring leases?

My friend is currently in a pickle. Their lease expires in a couple of weeks and they were originally planning to move to a different property. However given the lockdown in California, moving is no ...
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1answer
61 views

Prosecuting prison escapees

Would the actual escape from a state prison ever incur federal investigation, federal charges, and/or federal prosecution? If not, who investigates, charges, and prosecutes escapees for escaping from ...
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1answer
81 views

What can I do if my attorney misses a court deadline?

In California civil court cases: Will court extend filing deadlines for me if I can prove that my attorney was unresponsive? Are attorneys liable for the consequences of missing court deadlines?
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313 views

Does reporting reckless drivers do anything?

Unfortunately, in my neighborhood (in California) a lot of drivers roll through stop signs and red lights, while turning right, sometimes almost hitting the pedestrians. Do the pedestrians have any ...
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2k 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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2answers
137 views

Contract requiring the signing of a statement that may not be true when signed

I found an employment contract, in which the employee promises, upon termination of employment, to sign a "Termination Certification" and present it to the employer. The text of the certification is ...
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2answers
2k views

Are text message agreements legally binding in CA small claims court?

My parents sold their house but they breached a part of the contract. As a result, the other party sued my parents in California small claims court. The court date is in 2 weeks. We've contacted the ...
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1answer
151 views

What to do after a car reported stolen is found by the owner?

I heard that repossessing a stolen property without going through police can be considered theft on its own, so how can the owner of a car that was stolen and reported to police as stolen can legally ...
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1answer
699 views

Does section 2870 of the California Labor Code apply if my employer has headquarters in California but I do not work there?

I do not live in California, but my employer does business, has headquarters, and is incorporated in California. Which state's laws apply to the employment agreement? In particular, does Section 2870 ...
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1answer
40 views

Does prospect of sale price being paid in full determine validity of sale?

I’ve been offered to sell my business to another business in what appears to me as a lease or licensing agreement with royalties, but the contract’s language says “purchase”. In short, the buyer ...
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1answer
250 views

Copyright of messages in group chat

I composed a hiring post and sent it to a group chat. Can group members (NOT the messaging app) forward the post to others who are not in the group, without my permission or re-post it in others ...
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1answer
74 views

Is litigation against one's employer protected?

Let's say we are in California and I have a dispute with my employer. My employer has, or so I believe that it has, breached our employment contract and caused me damages. I then talk to my employer ...
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1answer
213 views

Can a landlord demand full rent on the first when a roommate gave 30 day’s notice that they are vacating on the 11th?

My roommate gave 30 days notice to me and my landlord, the 11th is her last day. My roommate has paid one third of the rent (10 days) and I have paid my half of the rent. Since today is the 3rd, I ...
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1answer
30 views

Registered Agent for Service of Process for California Corporations?

May a California Corporation, such as S Corp or C Corp have its Registered Agent located outside California ? Please provide a cite.
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1answer
45 views

Is failure to disclose the bullying and offensive Tenancy In Common president basis to annul the real estate sale?

My relative bought a condo which is under Tenancy In Common arrangement. During the first week it became apparent that it has (a probably psychopathic) individual who is a president. He is bullying, ...
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2answers
74 views

caused accident in company car - do I need a lawyer?

While driving a rental car provided by my company, I hit another car. The rental car (the one I was driving) was insured by my company. I just learned that the driver of the car I hit has started a ...
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1answer
82 views

Is my orchard property, particularly the house, able to become a restaurant?

The house resides in the middle of an orchard. I'd like to retrofit my "empty nest" home into a restaurant similar to this one, but I believe there may be zoning laws that could prevent me from doing ...
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1answer
204 views

Can my manager use my picture without my permission after termination?

My photo was taken while I was a part of a company based in California. It was used on printed corporate documents and web pages. I didn't sign any document of image usage by the company, but didn't ...
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1answer
83 views

Can I pick off the fruit from a plant that another resident of my building has placed and maintained in our building's common courtyard?

A resident in a building has placed and maintained a plant in our building's common courtyard. Can another resident of the same building legally pick off the fruit from this plant? I am mostly ...
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1answer
86 views

Is the basis of California 'sanctuary' the same, from cannabis to immigrants?

In hearing news about so-called "sanctuary jurisdictions," it occurred to me that the states-rights that protected CA cannabis users might provide the same basis to protect an immigrant. For the ...
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1answer
1k views

Can a person sue for emotional distress as the victim of fraud?

Suppose I am the victim of fraud – e.g., I bought an item on eBay that the seller knew was counterfeit. Would the seller also be liable for damages of the emotional distress caused me by being ...
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1answer
58 views

If raw data is made available for non-commercial use, am I allowed to seek profit from the use of statistics I gather using the data?

The CHP has a traffic database filled with raw data that is for "personal, non-commercial use". Here's the database: database What I want to do is use this data to compile some statistics, the use of ...
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2answers
102 views

Can only lawyers write DMCA takedown letters, or can anybody?

My friend and I have been debating whether a DMCA takedown request technically counts as a legal document, therefore requiring a lawyer to provide legal counsel for it. I understand that you are able ...
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1answer
1k views

Can my landlord prohibit me from having visitors with dogs?

My apartment manager has suddenly told us that we can't have friends with dogs visiting (not overnight visits, just for an hour or two). Is this legal? This is in California, USA. There's nothing ...
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1answer
157 views

Which law of state of California requires sellers to have a smog certificate?

The DMV website says that "a seller must provide evidence of a current smog certification", but they don't cite which law obligates a seller in doing so. Which law states that? What if the seller ...
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1answer
48 views

California financial document verbiage: 3 months instead of 90 days?

Is there a law in California about the verbiage used in financial transaction language regarding the need to use the language "3 months" instead of "90 days"? I was told that this is the case, but I ...
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1answer
41 views

Model Release forms

I found a model release form: https://docs.google.com/document/edit?id=1LkkT_XwXwnnzwOxtGAirvVvVXzbU2YVUQeZ0kiqbGmQ I was wondering how binding this form is, and how necessary including the address ...
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3answers
393 views

If there was no written contract in the first place would a phone call be enough to terminate relationship with the other party?

My friend's small business engaged in a relationship with another company that provides credit card processing service. They did not ask my friend to sign a written contract at the time of signing up ...
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1answer
49 views

Can a co-tenant sublet in LA without permission from other tenants?

I am a co-tenant on a lease in LA. I want to sublet my room. My lease says a subletter can move in upon landlord approval, but it does not say anything about co-tenant approval. I’d like to sublet to ...
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1answer
54 views

Unauthorized online banking personal identity compromised

My father in law recently died. I have just found out that his girlfriend has been accessing a trustee account utilizing an old user ID and password. No funds were withdrawn, but the bank's cyber-...
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1answer
69 views

How to avoid inflated/bogus settlement demands in auto accident in California [closed]

Involved in an accident in California, and the other party has hired an atty to request policy limits. Other party was not seriously injured (paramedics left after thoroughly inspecting the other ...
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2answers
81 views

Section 2870 of the California Labor Code - Can former employer claim ownership of former employee's project?

Silicon Valley tech companies in California require employees to sign a contract that assigns all inventions to the employer. The only protection employees have are in the form of Section 2870 of the ...
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1answer
63 views

Does a notice posted to the outside of an apartment door count as appropriate notice in all cases?

Consider the situation in which a landlord seeks to give a tenant notice (e.g. past rent, apartment inspection or servicing). Does taping / affixing the notice to the outside of the tenant's apartment ...
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1answer
44 views

Under California Health and Safety Code 11361, what constitutes “inducing a minor to use marijuana”?

In California it seems like marijuana is legal for adult recreational use, but that does not extend to minors. Under California Health and Safety Code 11361 there's a section about "Inducing a ...
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1answer
43 views

Has anyone dealt with issues with non-compliance of CRC 8.124(c) in California appellate cases?

The appeal proceeds with 8.124 appendix. The opposing party / counsel (appellee) has been withholding trial exhibits (which were returned after the trial). A 8.124(c)(2) notice was filed in the ...
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1answer
37 views

What tenant laws apply if there is a non-code compliant living situation in CA?

I'm living in an RV in El Dorado County, CA where like in many counties, it is illegal to occupy a motorhome on residential property. Of course, El Dorado County is so rural that many people do it. ...
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1answer
155 views

Car towed from shopping center, can prove towing company is lying about the time my car was parked

My car was towed from a shopping center in Santa Clara county. I had parked at the said location around 8pm. I got my car released from the towing company after paying $450. The release document says ...
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1answer
65 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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1answer
32 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
95 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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1answer
60 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
52 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
61 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
104 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
69 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
129 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
53 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
135 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 ...