New answers tagged

5

In a word: records. A genuine tenant would have at least one of: a lease, records of lease payments to the apartment complex, or records of communications regarding the terms of a lease. The apartment complex would inform the police that they've never heard of this person, never given a lease to anyone by that name, and are not receiving payments from the ...


3

As long as a person applying for life insurance accurately discloses his or her occupation (and other relevant personal characteristics, such as age and health) in accordance with local law and the company's application form, there is no fraud. The company may or may not charge a higher rate for people with high-risk jobs. That is a business decision for the ...


1

I want to know if my co tenant can obstruct me from subletting completely. It depends on whether also your co-tenant's lease provides that "a subletter can move in upon landlord approval". If it does, then co-tenant's possible objection would be devoid of merit. That is because the lease implicitly informed the co-tenant that a similar clause ...


15

Apparently an obscure business forced the California government to collect tax from amazon. No, this is not true. Mr. Grosz filed a lawsuit asking the court to force California to collect tax revenues. The lawsuit is still pending before the court without a decision on the merits. As the saying goes, anyone can sue for anything; their success is another ...


1

If the property tax has to be served as a lawsuit- correct me if that is wrong To the best of my understanding, that is wrong. Property tax default and sale, under California law, is not a judicial process: the state does not sue the owner, no courts are involved, and the usual court rules for service of process are not applicable. The procedure for tax ...


5

There are a few problems with your line of reasoning, but the main one is that if the government can't locate a defendant, California's Rules of Civil Procedure provide a variety of alternative means of service. When all else fails, the government can serve the defendant "by publication," meaning that they simply publish a notice of the lawsuit in ...


1

No it's not. This is important because we have an inaccuracy in this paragraph: When one intends to kill subject A but kills subject B in the attempt, one is guilty of the murder of subject B. The old man was confronted with this conclusion, but both he and his wife were adamant in stating that neither knew that the shotgun was loaded. It was the longtime ...


6

One approach is to sue the (state) government, to see if the state or US Supreme Courts agree. This is probably the most complicated way to get what you want, because it involves a lot of legal arguing, but you don't need a lot of people to agree with you, you just need the right people agreeing with you. Another approach is to change the relevant state ...


2

It is impossible to tell if anything here is contrary to law without knowing what is in the will. One scenario is that Grandmother willed the property to all six biological grandchildren and excluded some number of non-biological grandchildren. The property is to be divided equally between the grandchildren, and nothing goes to her children. Someone was ...


4

Yes, they seem to have broken the law. In California, notice must be given for an eviction. This can be a 30/60/90 day notice with no reason needed (typically because the landlord wants the property for something else) or a 3 day notice with cause- the most typical being not paying the rent. Note that COVID exceptions exist, though I don't believe they apply ...


0

This is not intended as legal advice, but you might come into conflict with §202c StGB. The term "other security codes" looks sufficiently fuzzy that you should talk to a specialist lawyer before you go any further. Your patch is defeating a piracy "countermeasure" on the game software. Countermeasures don't have to be very strong to make ...


-2

You cannot require that your views which make you an undesirable hire are ignored by the employers. You can, however, change your views (or the way you express them publicly) and express the right to be forgotten. You'll have to find out what source the HR is using to find the comments which you have deleted. Then you contact those sources and ask for the ...


9

Under the Fair Labor Standards Act, employers are generally required to pay a minimum wage of $7.25 an hour. But under 29 U.S. Code § 213, many employees are exempted from this requirement. For Elon Musk and similarly situated individuals, the relevant exemption is found at section 213(a)(1): any employee employed in a bona fide executive, administrative, ...


-5

To clarify @MarkJohnson said in comments, wage is compensation proportional to hours worked in a given pay period (usually two weeks, beginning on the first Sunday and ending on the second Saturday) where as a salary is pay that is negotiated and is a per annual payment for work, to be paid in installments (again, usually two weeks). The benefit to having a ...


-5

They're not hourly workers. Minimum wage applies to hourly employees like at Starbucks retail (the "gig economy"), not to employees at, say, Facebook who are salaried. Temp / consultants may also be hourly employees, if hired by a recruiting agency to do hourly work.


2

Q: Can the company be given a $7500*10 million=$75 billion dollar fine? Legally, mathematically and hypothetically yes. However a proper reading of the Act at 1798.155(b) shows that $7,500 is not a fixed mandatory amount but rather is the maximum that can be imposed for each intentional violation that is no remedied within the statutory timeframe. Courts ...


2

Damages are (generally) not constrained by the defendant’s ability to pay The purpose of a fine is to punish the wrongdoer and dissuade others from offending. The purpose of damages is to restore the wronged party to their original position. In recent times, there is a tendency to link fines to corporate profits or revenues but that is generally as a means ...


3

Under California Labor Code § 1101, businesses are generally prohibited from discriminating against employees on the basis of their political beliefs. As I understand it, neither the fact that you are a nationalist nor the fact that you are "right-wing" is a legitimate basis for declining to hire you. It may be, though, that the type of comments ...


5

Political beliefs are not a protected class under either California or Federal law. A company is well within their rights to refuse to hire you for being racist.


10

As a adult of sound mind, you are responsible for your actions. Background checks for job applications are common place to determine suitability. The employers have the right (and responsibility) to choose what is in their best interest. If through your previous and present actions, they come to the conclusion that you will become a liability to their ...


4

Whether any person, provided that they are in full legal capacity (not a minor, not incapacitated etc.), needs a lawyer, is to be decided by that person. Even criminal defendants can be self-represented if they've got the balls for it — the law does not impose a requirement to have a lawyer when the person does not want it. Considerations as to whether to ...


0

Short Answer Can a medical practitioner legally charge health insurances a different amount from what it would charge a non-insured patient? In the vast majority of cases, yes, although a handful of states have laws imposing some limitations on this practice. I haven't reviewed the state laws of the states mentioned in the question. Long Answer There is ...


1

No The law applies to all residents of California dealing with all businesses that meet the criteria. You cannot contract outside the law so any provision in your EULA that attempted to exclude the law would be void and the existence of such a clause could possibly put you in breech of laws prohibiting misleading and deceptive conduct. Businesses cannot ...


1

Here is a pdf of the original Penal Code of California: enacted in 1872 and as amended up to and including 1905. I cannot find any further amendments made before the publication of Of Mice and Men in 1937 (#197 is on page 116)... https://babel.hathitrust.org/cgi/pt?id=uc2.ark:/13960/t9x067b09&view=1up&seq=116&q1=197


4

A warrant is required: you cannot just bust into a home because the owner died. Nothing that you describe resembles the kind of emergency situation that allows a warrantless search. In order to get a warrant, you have to have a good enough reason. Suppose that campus police found a suspicious object at the scene which was evidence of a crime and which had an ...


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