Questions tagged [california]

Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the state of California.

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Do you need to inform the other party that he is in breach?

When someone breaches agreements or breaches contracts resulting in severe (or not) compensation, are you required to immediately notify him (who represents an organization?) that he is in breach? Or ...
Pacerier's user avatar
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102 views

Is it legal to create my own recording of a call on a KNOWN State-recorded Court line?

Long story short, I received my first speeding ticket despite the fact that I was indeed, NOT speeding. I chose to submit everything in writing, as that was a choice made by the Court. I had an online ...
Val Hopkins's user avatar
-1 votes
2 answers
104 views

California small claims: "dates-splitting", what are the tested strategies?

Say there's an unjustified rule or restriction in place for a day which harms you. And if you sue you will win $x (for example $200). Now, say the rule wasn't for a single day, but was not abolished ...
Pacerier's user avatar
  • 251
0 votes
1 answer
81 views

(California) How to solve the "Professional estimates of damage" problem?

A website that looks authoritative notes: Think carefully about how much money to ask for. This is called damages. You have to prove to the judge that you deserve the money you ask for. You can only ...
Pacerier's user avatar
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0 votes
0 answers
99 views

Berkeley Min Wage: what if you are only required to do 5 minutes of work?

Berkeley has a minimum wage law but it is set to 18.07 per hour. How does this work if work is divided into minutes? Separately, does 18.07 per hour comprise 18.07 minimum per day? Also, what are the ...
Pacerier's user avatar
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2 votes
0 answers
84 views

released from detention but not released? [closed]

Context: I'm applying for US citizenship. I was arrested (so I think) a few years ago for misdemeanor. The police took me on a Friday, I spent a night in "jail" (it might not be the correct ...
Thomas's user avatar
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1 vote
1 answer
128 views

In california is it legal to record a conversation between you and your doctor?

I know about wiretapping law. But I expect a recording between me and my doctor to be ok to record because I paid for the consultation and I'm paying for what he said. The reason why I want to record ...
Bernard Smith's user avatar
1 vote
1 answer
41 views

Do California NDA obligations expire?

When a non-disclosure agreement (NDA) mentions: The signer can't solicit employees for 1 year. This solicitation restriction is extended if other parts of the NDA are breached All NDA obligations ...
Johnny Dohe's user avatar
5 votes
2 answers
102 views

Who can check sperm donor history in California?

Let's say Tom was a sperm donor in college. Now he is getting married. Can anyone besides Tom (e.g. Tom's wife) has access to Tom's sperm donation history? Can offspring/family of offspring have ...
Maxfield's user avatar
  • 559
-4 votes
1 answer
71 views

If I forget to take out the trash and took it to a nearby apartment complex, is it under the $950 rule in California? [closed]

In California, there was a couple of times I forgot to move the trash outside the garage door on the garbage collection day, and I took the trash and put it into the big bin in a nearby apartment ...
Stefanie Gauss's user avatar
1 vote
1 answer
95 views

Can the criminal records of a person who has died be expunged?

Suppose that someone was murdered in Arizona, but resided in California. Prior to their death, this person had been convicted of misdemeanors and felonies. Can the executor of this deceased person's ...
Vanessa Marrufo's user avatar
7 votes
3 answers
3k views

Is a U-turn legal if it's done at median break without a turn lane?

Background The intersection in question: In case anyone can't see it: we have a major six-lane thoroughfare running (kinda) N/S, with a raised median, called Hesperian Blvd. This is teed into from ...
Atario's user avatar
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1 vote
2 answers
2k views

Is it legal for credit card companies to terminate a credit card?

The standard text of a credit card agreement implies American express can terminate the agreement at any time. Problem is, you already gave credit. As an example, if I give someone a loan, I can't &...
John D's user avatar
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-1 votes
1 answer
41 views

What were the protections for tenants in California during covid-19 eviction moratorium? Where should one contact in case of protection was violated?

What were the protections for tenants in California during covid-19 eviction moratorium? Where should one contact in case of protection was violated?
brassmonkey's user avatar
1 vote
0 answers
54 views

Can we work with another company while in 60 day WARN period [closed]

My employer company A laid off some of the employees including me and I have 60 day notification period in which I am getting paid. I have another offer to start for company B before the end of the ...
JM.'s user avatar
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0 votes
1 answer
73 views

"Not more than" days for cancellation for evergreen clause

Our HOA is in a contract with an evergreen clause or automatic renewal clause. Part of the agreement states that the contract cancelation notice must be given at least 90 days before the contract ...
George Gomes's user avatar
0 votes
1 answer
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Is a non-exclusive and revocable license valid consideration for a legal agreement/contract?

This question pertains to U.S. law, and California law specifically, if it matters. The motivation behind this question is the scenario where a company has supplied parts or equipment usage to a non-...
benjamin37's user avatar
0 votes
0 answers
39 views

What is the legal framework regarding letting domestic cats out in Los Angeles, CA?

(Note: Cross-posting from Pets as suggested) We are about to move from London (UK) to Los Angeles, CA, with our two cats and I was looking at information regarding domestic outdoor cats in LA. First ...
quiram's user avatar
  • 101
8 votes
1 answer
4k views

OpenAI employees' move to Microsoft: Non-compete regulations?

A few days ago, Sam Altman was fired from his position as OpenAI's CEO in a surprise move. Altman has, as of now, accepted an offer by Microsoft to join the company as head of an AI lab. Microsoft has ...
Peter - Reinstate Monica's user avatar
2 votes
2 answers
225 views

At what point does a DUI begin?

(Based on a scene from TV show - 'The Rookie') A woman who is clearly drunk is walking across the road towards her car. One officer sees and says "DUI" and the other correctly points out &...
Ethan's user avatar
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1 vote
2 answers
175 views

Is it illegal to threaten harm to yourself?

If Bob goes up to Alice with a knife and threatens to cut her, obviously that's illegal. But what if Bob points the knife at himself, and threatens to hurt/kill himself? Assuming he's subdued before ...
chausies's user avatar
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7 votes
3 answers
896 views

Can an employer deduct PPE from pay?

Can an employer require their employees to pay for their own personal protective equipment? For example, if working in a restaurant where gloves are required, could a boss require the employees to pay ...
Austin's user avatar
  • 79
9 votes
3 answers
2k views

Is publishing defamatory statements from an "anonymous source" protected?

Say that Andy the Actor is minding his own business, when the Washington Post posts an article about him, claiming that, according to anonymous sources, Andy is a racist bigotted transphobe that has ...
chausies's user avatar
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17 votes
4 answers
10k views

If someone commits a crime, but suffers brain damage and has no memory of the crime, will they get punished?

Say that Bob is a horrible person who commits murder, theft, and a bunch of other bad stuff. Before getting caught, he shoots himself in the head. Miraculously, he survives, but with a severe case of ...
chausies's user avatar
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-3 votes
1 answer
76 views

What is the longest typical length of time for a Sonoma county superior court jury deliberations? [closed]

Wayne Hsiung is currently awaiting a jury verdict from a trial in Sonoma County Superior Court for some misdemeanour and some felony charges. How much longer would he likely be waiting for a verdict ...
TylerDurden's user avatar
0 votes
1 answer
47 views

how lawful to have terms of min 5 years in the contract when renting a place for business in california?

How lawful to have terms of min 5 years in the contract when renting a place for business in California? Understand that all agreements are between landlord and renter, but still wonder if that is ok ...
Maxfield's user avatar
  • 559
1 vote
0 answers
291 views

California: loss of vacation time after conversion from PTO to FTO

A few years ago, my employer implemented a flexible time off (FTO) policy where there's no predefined limit to the amount of time you can take off; you just need to get agreement from your manager ...
etymon's user avatar
  • 11
1 vote
1 answer
42 views

What exception is used to bring in public school records using CA evidence rules?

Is a record kept in the course of “business” at a public school admitted into evidence as a business record, public record or official government record under CA Evidence rules?
COOKIES's user avatar
  • 372
-3 votes
1 answer
943 views

What is the legal status of shoplifting in San Francisco?

Shoplifting in San Francisco is quite controversially treated quite leniently as it seems. Perhaps one might go so far as to even call it (either in effect or actually) “decriminalised”. It seems that ...
TylerDurden's user avatar
2 votes
1 answer
642 views

Is it legal to take pictures of corpses?

Is it illegal to take pictures of corpses in California for non first-responders, considering the existence of bill AB-2655 that prohibits first responders from taking pictures of corpses outside of ...
luonganh's user avatar
3 votes
0 answers
343 views

Did Elon Musk have a legal justification for firing CEO Parag Agrawal for cause right after closing the Twitter deal?

According to Walter Isaacson's new biography of Elon Musk, immediately after closing the deal that took Twitter private, Elon Musk's assistant delivered letters of dismissal to the Twitter CEO and ...
dan's user avatar
  • 131
1 vote
1 answer
138 views

Can a big box store sue me or demand I return items I did not order?

I'm in California for reference. I've been working with the kitchen design people at a big box store and they came out and did the measurements. They were paid for by me. We decided on a design after ...
Catplease's user avatar
0 votes
3 answers
60 views

Clarification of unpaid breaks and OT

I'm reflecting on my experiences from many years ago, when I worked in a restaurant in California. A common shift would have me clock in at 11am, work until 640pm, then punch out for two consecutive ...
Izzy's user avatar
  • 101
2 votes
1 answer
98 views

Recording patients in a Physical Therapy Clinic

Consider a hypothetical physical therapy clinic in California. It is my understanding that it would be against the laws of the clinic to video tape the patients without their knowledge. Please ...
Bob's user avatar
  • 1,163
1 vote
1 answer
211 views

As a business owner, how to let customers know that inside the store, the workers and owner may be wearing Body Camera?

Many small businesses in California have faced increasing challenges due to Proposition 47 and the COVID-19 pandemic. Since small businesses are typically private establishments, owners have the ...
Maxfield's user avatar
  • 559
0 votes
1 answer
39 views

When Company A's headquarters is in California, and is CCPA compliant, can a CA user demand deletion of all personal info?

Company A headquartered in California. Its website has CCPA (California Consumer Privacy Act) complainant page. Can a user that lives in California demand that Company A delete all of the user's ...
Maxfield's user avatar
  • 559
1 vote
1 answer
201 views

Can I charge a specific house hack tenant utilities but not the other tenants?

I rent rooms out in the house I live in and own. I have month to month lease agreements with utilities included on 3 rooms. I recently received an abnormally high electric bill, around $200 higher ...
1881's user avatar
  • 29
2 votes
2 answers
102 views

Who pays title fees when selling a car that is titled out of state?

I live in California (where my car is registered) and my car is titled in Virginia (where I bought it). Who would pay the title transfer fees if I sold my car to someone in California? Is the title ...
personal_cloud's user avatar
2 votes
0 answers
76 views

California: "For quality assurance, this phone call is being recorded" Can I record them without consent then [duplicate]

In California, it is illegal to record phone calls without the consent of all parties involved. However, I called a corporate office and it says that "this call may be recorded for quality ...
MatthewP's user avatar
1 vote
2 answers
334 views

Tenant with no gas California [closed]

If one were in Orange County in California and moved into a rental property where the landlord guaranteed heating/gas/hot water, but there was an issue in the gas line to the apartment complex and ...
user760900's user avatar
1 vote
1 answer
165 views

Sales tax and insurance

Is it legal to charge sales tax for the full price of the item before insurance instead of the discounted amount after insurance in the state of CA? The good is being shipped from outside of CA. More ...
user127776's user avatar
1 vote
2 answers
125 views

Question Concerning Responding to Employer of Minor Daughter Paid Under Minimum Wage [closed]

My high school daughter worked for about a year for an employer who owns a tutoring company in our town. Due to friction between my daughter and the employer, my daughter recently quit but she ...
Barney Cowell's user avatar
6 votes
1 answer
326 views

Working a car cleaner now, my manager asked me to take some pictures before cleaning and after clearing, privacy issue of the car owner

I understand that the car's owner and the company have some agreements before the service begins. But as a worker, I would like to ensure doing so would not break any laws, even if the instructions ...
user294265's user avatar
3 votes
1 answer
243 views

Is an employer permitted to use images of employees for marketing without their consent?

Paul works in a restaurant, sometimes as a chef and sometimes as a bartender. David is the manager of that restaurant. David has been taking pictures inside the restaurant including some showing Paul ...
Tom's user avatar
  • 41
-5 votes
1 answer
108 views

California being more powerful than the federal government

The federal government has the power of administrative wage garnishment. This allows it to complete a levy by filling a form rather than filing a collection lawsuit and using courts. It is still an ...
John D's user avatar
  • 1
1 vote
1 answer
78 views

Details despite NDA for selling company (California)

This question says that it may be possible that an NDA can exist such that if someone were to sell their company, can they can have an NDA that prevents them from speaking about their company name, ...
wavt's user avatar
  • 25
-1 votes
1 answer
85 views

Can I make an auto shop pay for oil damage from a defective oil filter? [closed]

About ten days ago I had a flat tired replaced at a local shop and added an oil change to the work order. A day later I notice a huge oil stain (about 3 ft x 10 ft) that flowed over the pavers on my ...
Gasman's user avatar
  • 1
0 votes
1 answer
192 views

Can restaurants "force" a minimun 15% tip for delivery service in California?

Found that some restaurants promote "free" delivery when total over 60 dollars, as customers we can choose leave no tips, or any amount we want. When the order total is 59.9, it charges 15% ...
Maxfield's user avatar
  • 559
3 votes
1 answer
307 views

Termination of a contract due to breach

If I understand correctly, when a party to a contract breaches the terms in a material way (i.e., repudiation), the non-breaching party can, at its discretion, terminate it, cease performance under ...
JDWhippingBoy's user avatar
19 votes
2 answers
8k views

Is a thumbs-up emoji considered as legally binding agreement in the United States?

I read that a thumbs-up emoji considered as legally binding agreement in Canada. Is a thumbs-up emoji considered as legally binding agreement in the United States? If state-specific, I am mostly ...
Franck Dernoncourt's user avatar

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