Here are just some of the laws I have learned of, and want to share with you. Hopefully some of them will come in handy.
Bookmark this page for future reference.
Peace
SpyderRogue
AUTO
You know in Ca the law is the person who rear-ends another in an auto accident is always at fault. BUT there is one sneaky way out of it. You sneezed. It is an involuntary and uncontrollable human action.
Open car door .
If you have your car door open in a place there is oncoming traffic, if someone hits and damages the door, it is your fault. You re responsible to keep the door out of the way of oncoming traffic.
Long Beach, Street sweeping tickets.
MY FAVE PART = know this info if you are fighting and unfair ticket
a new state law that went into effect this year, AB 2567, says that parking citations CAN'T be issued to vehicles that park in restricted zones after the street has been cleaned by the street sweeper.
In other words; if the sign says “No parkin 10a -2p”, but the street sweeper came at 12p, then they can no longer give you a ticket once the street sweeper has passed, regardless of what the sign says.
A new state law that went into effect this year, AB 2567, allows cities to use the video cameras on street sweepers. It also says that parking citations can't be issued to vehicles that park in restricted zones after the street has been cleaned by the street sweeper.
WOMEN
You may have a right to sue your abuser for medical costs, lost wages, and to recover your property.
JOB
Ca Labor laws
Overtime
Paid Family Leave
California state law provides employment protections for domestic violence victims who need to take time off from work to handle issues related to domestic violence.
Unemployment: allows residents receiving unemployment insurance benefits to continue coverage while enrolled in job training or education courses.
THE WEB
It is now a misdemeanor to knowingly impersonate any other person through or on a website for purposes of deceiving or injuring another person. Sen. Joe Simitian (D-Palo Alto) said his legislation responds to people victimized by deceptive Internet users.
MARIJUANA
marijuana possession an infraction rather than a misdemeanor for anyone caught with an ounce or less. The violation will no longer be part of the person's criminal record or result in a court-clogging criminal trial.
The punishment remains a fine of up to $100, with no jail time.
The punishment remains a fine of up to $100, with no jail time.
"The courts cannot afford to expend limited resources prosecuting a crime that carries the same punishment as a traffic ticket," Schwarzenegger said when he signed the bill.
And a new law prohibits medical marijuana dispensaries from opening within 600 feet of a school.
One ounce (oz.) = 28.35 grams
One pound (lb.) = 16 ounces = 453.59 grams
One kilogram (kg.) = 1,000 grams (g) = 2.2 pounds (lbs.)
One pound (lb.) = 16 ounces = 453.59 grams
One kilogram (kg.) = 1,000 grams (g) = 2.2 pounds (lbs.)
Incarceration and Fines
Possession 28.5 g or less infraction $100
More than 28.5 g misdemeanor 6 months $500
28.5 g or less on school grounds by a minor while school is in session misdemeanor 10 days $250
More than 28.5 g on school grounds while school open misdemeanor 6 months $500
Cultivation Any amount (exception for patients or caregivers) felony 16 - 36 months no fines.
Sale Gift of less than 28.5 g misdemeanor no jail time $100
Any amount felony 2 - 4 years
Any amount to a minor over 14 years old felony 3 - 5 years
Any amount to a minor under 14 years old (includes offering, inducing, distributing, or employing) felony 3 - 7 years
Miscellaneous
Any conviction of minor under 21 causes driver's license suspension for 1 year.
Possession of paraphernalia is a civil fine of $200-$300 for the first offense and goes up to $5,000-$6,000 for a fifth or subsequent violation within a five-year period.
A breakdown of CA county and local medical marijuana guidelines is available here: http://www.safeaccessnow.net/countyguidelines.htm.Decriminalization: The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.
ALCOHOL
Drunk teenagers: provides immunity to prosecution for minors who have been drinking if they call authorities to report a medical emergency such as someone passing out from alcohol use.
Underage drinking: subjects adults to civil liability if they knowingly provide alcohol to minors and harm is done to a person as a result.
First California DUI Offense
1st Drunk Driving Conviction
- Jail: From 96 Hours to 6 Months
- Fine: From $1,000 to $1,600
- License Suspension: 6 Months
- Must Complete a Driving Under the Influence Program
- May Be Ordered to Install Ignition Interlock Device (IID)
- California SR22 Insurance Required for Restricted License
And if you’ve already had this one, then you know what the following convictions will look like if you keep it up. Here’s link to 2nd-4th .
GAY
Gay rights: repeals a 60-year-old law that required state health officials to seek a "cure" for homosexuality.
THEFT
Grand theft: increases the minimum threshold for a crime to be considered grand theft from $400 to $950.
HEALTH CARE
Healthcare for dependents: makes state law conform to the new federal requirement that health insurance coverage be extended to dependents to age 26.
Health insurance denials: prohibits health insurance plans from denying coverage to children with pre-existing conditions.
Mental health: allows minors 12 and older to consent to mental health treatment, including in residential shelter services.
Radiation: requires hospitals to disclose radiation overdoses during CT scans and to record the dose of each scan on the patient's medical records.
HOME AND LOANS
Loan fraud: makes it easier for homeowners to seek monetary damages against those behind forensic loan audit scams that prey on distressed homeowners.
Tenant rights
Q. How long does a landlord have to refund a security deposit?
A. A landlord must send the tenant an itemized accounting of the amount retained from the security deposit and/or refund the deposit not retained within 21 days of the date a tenant vacates the unit. That is generally true, but the law now allows the landlord to send an interim accounting within that time if he has good cause for the delay and he has more work to be done and more deposit to account for. Then he needs to send a final accounting within 14 days of completion.
A. A landlord must send the tenant an itemized accounting of the amount retained from the security deposit and/or refund the deposit not retained within 21 days of the date a tenant vacates the unit. That is generally true, but the law now allows the landlord to send an interim accounting within that time if he has good cause for the delay and he has more work to be done and more deposit to account for. Then he needs to send a final accounting within 14 days of completion.
This one says Orange County, but to my knowledge as a former apt manager, this is pretty much anywhere in the state of Ca.
Q. How often and how much can a landlord raise a tenant’s rent?
A. Because there is no rent control in Orange County a landlord can raise a tenants rent as much and as often as they wish, so long as they give proper notice of the change in terms. Proper notice means that an increase of less than 10% requires 30 days written notice before the increase takes effect. However, increases of more than 10% in any 12 month period, requires 60 days written notice before the increase takes effect. (For more information regarding proper notice, please see the section on defective notices.)
A. Because there is no rent control in Orange County a landlord can raise a tenants rent as much and as often as they wish, so long as they give proper notice of the change in terms. Proper notice means that an increase of less than 10% requires 30 days written notice before the increase takes effect. However, increases of more than 10% in any 12 month period, requires 60 days written notice before the increase takes effect. (For more information regarding proper notice, please see the section on defective notices.)
Q. Can a landlord lock a tenant out for not paying rent?
A. No. A landlord may never lock a tenant out of their apartment. Also, a landlord may not shut off utilities or other services for failure to pay rent or any other reason. Actions such as these by a landlord will give the tenant the right to sue the landlord for committing a self-help eviction. A tenant may be locked out by the Marshall if the landlord wins the Unlawful Detainer Action in court.
A. No. A landlord may never lock a tenant out of their apartment. Also, a landlord may not shut off utilities or other services for failure to pay rent or any other reason. Actions such as these by a landlord will give the tenant the right to sue the landlord for committing a self-help eviction. A tenant may be locked out by the Marshall if the landlord wins the Unlawful Detainer Action in court.
Q & A’s from
RESTAURANT CONSUMER
Restaurants: requires restaurant chains with 20 or more outlets to include calorie counts for each food item on all menus, and on menu boards above the front counter. This law was signed in 2008.
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Other links to Ca laws that might be of use to you, now, or later.
California Intrusion Law
Breast Feeding Laws
Stun Guns
Guns, firearms
Trespassers on your property, yes you can shoot.
Ca has adopted the “Castle Law”.
· California (California Penal Code § 198.5 sets forth that unlawful, forcible entry into one's residence by someone not a member of the household creates the presumption that the resident held a reasonable fear of imminent peril of death or great bodily injury should he or she use deadly force against the intruder. This would make the homicide justifiable under CPC § 197 [3]. CALCRIM 506 gives the instruction, "A defendant is not required to retreat. He or she is entitled to stand his ground and defend himself and, if reasonably necessary, to pursue an assailant until the danger ... has passed. This is so even if safety could have been achieved by retreating." However, it also states that "[People v. Ceballos] specifically held that burglaries which 'do not reasonably create a fear of great bodily harm' are not sufficient 'cause for exaction of human life.'” The court held that because a "trap-gun" was used, the doctrine did not apply. [4]
Some Resources for the mixture of laws listed above
Marijuana
