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Search warrants are frequently sealed and not accessible to the public until after they are served, so that someone checking public records can't be tipped off that law enforcement agents are headed their way and hide evidence or flee. Calling 911 or a local police department is the best that you can do to verify that a search warrant someone verbally states ...


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Is the contractor liable? It depends. Trespass and conversion would be the applicable torts. In some jurisdictions, those are strict liability torts, in others they are intentional torts. The contractor lacks intent, but did participate in the act. I haven't yet had a chance to check out California in particular. California appears to come close to a ...


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An excellent answer and clearly a great analysis. However, it appears that if the Assignment of Judgment is not filed in the California Superior Court where the judgment was originally issued, then it can't be filed. See California CCP § 673, (a) An assignee of a right represented by a judgment may become an assignee of record by filing with the clerk of the ...


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Written promise pre-purchase vs signed agreement, what's stronger? The signed agreement is decisive because it "states that it supersedes any previous agreements". The language portrays that the customer no longer considers the refund option a requirement for moving forward with the transaction. Signing that contract without the right to a refund ...


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1918: Mask Laws Mask laws are not new. During the Spanish Flu, mask wearing in San Fransico was mandatory. And because people hated the masks, mask enemies in 1919 banded together in San Fransisco. Especially, since fining people for violations was doled out heavily and could land you in jail. 5$ then was more than a week's pay! Police Court was held ...


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Despite the statewide mask order and local mask mandates, I do not believe that people are actually getting fined, or at least I could not find any evidence of it. On the contrary, even in San Francisco, where one might expect the strictest enforcement of mask wearing (if it exists anywhere), many pedestrians are flouting the regulations, as some reporters ...


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Such discrimination will in SOME cases probably be unlawful An employer refusing to hire a person because of obesity might be in violation of the California CFEHA, or the Federal ADA, or both. The California Fair Employment and Housing Act (CFEHA) will in some cases prohibit such discrimination. Specifically, CA Code section 12940 says: It is an unlawful ...


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This would be pointless and wouldn't work. Eviction due to defaulting on rent requires the landlord to give 3 business days notice, in writing. This must include a method by which the tenant can settle their debt. Either the landlord would be forced to accept a payment or this would not be valid. Source Additionally, in this case, there is nothing stopping ...


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The basic purpose of AB 5 was to codify the California courts' standard for determining whether workers who would typically be considered freelancers are employees or independent contractors. The plaintiffs' theory is that AB 5 raises First Amendment issues because its rules for freelance journalists are different from its rules for other freelance writers, ...


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It's obviously not murder, but could be attempted murder or conspiracy to murder. Each of these scenarios has a different problem. For attempted murder, a court would have to prove beyond reasonable doubt that you attempted to kill this person. And not for example that you just took the person's money and had no intent whatsoever to kill someone. You would ...


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Yes to attempted murder and conspiracy to murder. No to murder Although the particular example you raise looks like entrapment and law enforcement can’t do that in the United States. Putting that aside, factual impossibility is not a defense in common law jurisdictions. Conspiracy to murder someone who can’t actually be murdered (because they are already ...


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If the DA decides to press charges (we don't know) and if he is convicted (looks like a solid case), the problems are not just the sentence itself. There might be a probation period with conditions like drug tests and counseling, with penalties if he misses them. It is legal to discriminate against people based on prior convictions. While California has ...


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Any formula which meets the legal muster set forth in the prior Q&A you link to should be valid. If there are multiple reasonable formulas that can be used to allocate revenue to expenses, any reasonable formula available can be used, even if it is not the most accurate one or the "best" formula in some sense. In the same vein, it isn't ...


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While @Colin Losey has a lengthy and basically correct answer, one get reach a conclusion much more quickly. Under U.S. law, in a criminal case, a jury verdict of acquittal cannot be appealed or overruled for any reason other than improper outside interference with the jurors (e.g. bribery or extortion directed at jurors to get them to acquit). This is true ...


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Short Answer This seems to be a case of a sloppy debt collector trying to enforce "zombie debt", possibly against someone other than the true judgment debtor who happened to have the same name. There are some good defenses available to this effort that seem likely to prevail on the merits. But the odds of recovering attorney fees incurred defending ...


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