Q: My husband and I recently moved to Sacramento from Reno, and now that we live here, we want to get divorced. Do we need to file for divorce in Reno, where we got married, or can we file in California? Melissa A:  Sorry to hear about your situation.  Moving to a new city and all of the changes that come with it can really put stress on a marriage. According to the California Courts Self-Help website, California has jurisdiction over a marriage, and the power to dissolve it, only if at least one spouse has lived in California for a certain period of time.  Either you or your spouse must have lived in California for at least six months, and in the county where you plan to file your pap

Q: My ex has only seen our son a few times over the past six years, which is fine by me because he’s a bad influence. He’s also way behind on child support, which is fine. I don’t need his money - I can support my son by myself. My ex says he wants to give up his parental rights, in exchange for me dropping support. Can we do this? I’d be more comfortable knowing my son won’t be taken away if his father suddenly decides he wants custody in the future. Kristina A: A parent cannot simply give up their parental rights to avoid paying child support or to solve visitation or custody disputes. Only the court can terminate parental rights. Termination of parental rights is a court order that p

Q. I have a male pot belly pig who is almost a year old and weighs about 90lbs. I take Mr. Wiggly out for walks in my midtown neighborhood. Yesterday a City Animal Control officer gave me a ticket for not having a swine license! I know I have to have my dog licensed but I have never heard of a swine license. I was also told Mr. Wiggly needs to be neutered before I can get a license. Do you have information on this? Peter K. A. Miniature pot-bellied pigs are increasing in popularity as domesticated pets. However, as such animals are still livestock notwithstanding size, and like other pets need to be controlled to insure that such animal does not become a nuisance or danger to the general

Q. As a landlord, I have a strict “no pets” policy. A prospective tenant says they have a certified service animal. All other qualifications being met, am I required to accommodate them? Thanks, Frank A. Most likely, yes. The Federal Fair Housing Act (FHA) requires property owners to make reasonable accommodations for a person with a disability, to enable them to enjoy the residence on an equal basis with tenants who are not disabled. 42 U.S.C. § 3604(f)(3)(B). Regulations promulgated under the FHA state that “[i]t shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices or services, when such accommodations may be necessary to afford a h

Q: In 2000, I co-signed for a close friend to get a cell phone (I believe that I also paid three hundred dollar deposit). Apparently, in November 2011, his service was terminated (we are estranged, so this is the most information I could get from AT&T). When I called in March 2012, to add a new AT&T internet service, I was declined and informed of this issue. The amount that is owed is over seventeen hundred dollars - I am assuming that the majority of that is termination fees. AT&T wants me to file a fraud report for identity theft (?) with them and our local police so that they may start an investigation that would then hold me "harmless" for the debt incurred. This does not make any se

Q. I have been with my girlfriend for a long time and we got engaged on Valentine’s Day. I saw text messages on her phone I didn’t like and asked her about it. Now she says I am jealous and broke off the engagement, but she won’t give me the ring back, even though I asked her a bunch of times. How can I make her give me the ring back since she is the one who broke my heart? Dwayne A. Sorry to hear about your situation, break ups can be hard on everyone. Believe me you are not the first person with this issue. In fact, California has enacted a law that covers this topic. The California Civil Code § 1590 states: Where either party to a contemplated marriage in this State makes a gift of m

Q: Hi, this is a multiple question question. I recently purchased a house on 2 acres in Citrus Heights, and the entire property needs to be re-fenced and the neighbors don't want to help pay for it. The fencing is at least 40 years old (one neighbor has confirmed this) and it is livestock fencing made of rotted out wood posts reinforced by some metal T posts with rusted wire and barbed wire fencing between the posts. There are 4 neighbors that surround the property, one neighbor (we'll call her neighbor A) has little dogs that come into my yard and continue to poop in several large poo piles at the edge of my property. I have not been able to catch them, but the poop is proof enough. Also

Many patrons come to the law library and Civil Self-Help Center because they have been sued by a credit card company. A sizable percentage of these people tell us that there must be some mistake—they hired a company to settle all their debts for them, so how can they be sued? Unfortunately, “debt settlement companies” frequently promise far more than they can deliver. These companies actually have no power to prevent lawsuits. They offer to negotiate settlements for consumers, often charging a hefty fee for the service, but they cannot force a creditor to accept their offer. The consumers often end up worse off than they would have been without the debt settlement company’s “help.” Risky

Q. I am researching California statute of limitations for Power of Attorney. I became ill in the late Spring of 2008 with a brain tumor and mental health problems and signed a power of attorney to a lawyer and in examining my back statements I believe a significant amount of my funds were taken from my bank account for her personal use and I want to take legal action. Please advise. I never submited a release document. Thank you. jg A. The first thing you should do is revoke that Power of Attorney, if you haven’t already! You can find sample revocation forms in many of the resources listed in our Legal Research Guide to Powers of Attorney, available on our website at http://www.saclaw.org

Q: I wanted to find out how close to our property line we can place a pool or spa. We live in East Sacramento, Sacramento County. I would appreciate any help you could give me. Thank you for your time, Noreen A: There are a number of state laws, regulations, and local ordinances affecting pools, but the ones regulating distance from property lines appear to be set by the local city or county. Since you are in the city of Sacramento, the City Code applies. This code provides that “no swimming pool or similar pool shall be located within a distance less than or equal to the depth of the deepest excavation for such pool from any property line, building or structure (one to one slope).” Sacr

Q. I was sued for $15,000 about a year ago, and the first thing I did was hire an attorney my brother-in-law knew, as I have never been sued before, have never even been inside a court room, don’t know anything about the law, etc. Unfortunately, as time went on, it became obvious that the attorney and I did not see eye-to-eye and I felt that he was not really on my side in the case. Eventually he quit. I have been looking for a replacement for the last month; however, the lawyers that do manage to return my phone calls are either too busy, about to go on vacation, do not handle this type of case, or are way out of my price range. A couple of them have told me that even if they were able to

Q. How much notice does a storage facility have to give before raising the fees? Is the time period covered by the law? I gave my facility plenty of notice, trying to be nice, and they replied with an increase in my last month's rent.   A. Raising rental rates is common practice among self-service storage facilities, though the justification behind increases will vary from company to company. For example, some companies might have existing contract customers on a schedule that dictates the rate be increased a specific percentage after a predetermined amount of time has passed. Other storage companies may raise their rates to match the current market rate or demand, especially if long-ter

Q- I recently moved into an affordable HUD senior building. The very last item presented to me, after I had paid my deposit, in this long 500-page+ process, was a requirement to "obtain $100,000 in rental insurance". My response was, "are you kidding me? The sum total of everything I've owned In My Life wouldn't add up to $100K If you had told me about this at first, I would have moved elsewhere!" I have 30 days to fulfill the requirements of this extortion, or I have to forfeit the apartment and start all over. Is it legal?   A- Thanks for your question! California law does not require renters to purchase their own renters insurance and nothing prohibits a landlord from making it a manda

Q. Is it legal to carry a wooden sword in public in California? Also in schools? Sincerely Yours, Daniel A. The basic answer to your first question is “it depends.” Simply carrying around an unconcealed wooden sword is legal in California. In fact, there’s no law prohibiting carrying around a metal sword, either. A number of laws restrict or prohibit carrying concealed weapons, such as cane swords, switchblades, pen knives, and even lipstick case knives, but openly carrying a sword or stick is not expressly prohibited. It is a misdemeanor to carry a deadly weapon with intent to assault. California Penal Code § 17500. It seems likely that a sturdy wooden sword could be considered a dead

Q. I love dining with my Black Russian Terrier, Eli at the numerous dog friendly restaurant patios in Sacramento. Why do some restaurants allow dogs on their outdoor patios and some don’t? Julie S. A. More and more, restaurants are recognizing the buying power of dog owners. So restaurants are welcoming pet diners onto their patios some even making special treats and providing bowls of water for their canine customers. With the exception of recognized service animals, Health & Safety Code (H&SC) Section 114259.5  prohibits live animals in food facilities. A food facility is defined as an operation that stores, prepares packages, serves, vends or otherwise provides food for human consump

Q. What are some affirmative defenses to fraud? Ayana A. For those readers who aren’t familiar with the phrase, an affirmative defense “sets forth facts from which it results that, notwithstanding the truth of the allegations of the complaint, no cause of action existed in the plaintiff at the time the action was brought.” Goddard v. Fulton, 21 Cal. 430, 436 (1863). In plain English, the defendant in a case can present information or evidence that reduces or eliminates his liability, even if the allegations in the complaint are true. Affirmative defenses are the legal reason why, even if everything happened just as described by the plaintiff, the defendant should not be held liable. Th

Q. What’s going on at the Law Library? There is yellow caution tape across the stairs to the second floor, which is closed to the public, and there’s a whole lot of banging and clanging going on up there! Ted D. A. Sorry about the noise and disruption, Ted! We’re doing our best to keep it quiet, but the sound you hear coming from the second floor is the result of having workers dismantle our rather large shelving units--we’re preparing for our move to a new facility about two blocks on the other side of the courthouse. The Law Library and Civil Self-Help Center will be closed starting at noon on Friday February 10. We expect to open in our new location at 609 9th Street (corner of 9th &

Bullying has been in the news a lot lately, particularly when something tragic happens to the child being tormented. Students, parents, and educators are wondering what laws are available to help prevent bullying and what can be done to stop it. A bully is defined as “a blustering, quarrelsome, overbearing person who habitually badgers and intimidates smaller or weaker people”. California already has several laws in place to protect children from being bullied, including the California Safe Place to Learn Act located in the California Education Code §234(b) which ensures “local educational agencies continue to work to reduce discrimination, harassment, violence, intimidation, and bullying

Q. I want to sue my tenant for property damage in small claims court. He left no forwarding address, and has abandoned his tenancy. He has no job. He gets his money from alimony and child support. However, I know that he picks up his kids from the school. Can I use my adult son to personally hand deliver a summons to him when he is with his kids at school? What are the rules? -Myrna A. There are requirements to ensure proper service of process, but first you may want to try discovering your ex-tenant’s address; it may be easier than you think. The Sacramento County Public Law Library(SCPLL) has created a guide on Finding People and Businesses, detailing some common ways in which people (

Q: In July 2011, I contracted a new driveway for my home. The cost was $3300. I paid extra for cement coloring. My tenant parked his car on the new driveway and caused permanent stains on both sides of the driveway due to leaks from his vehicle. In October 2011, he tried cleaning it but was not successful. He gave me a hand written note giving up on cleaning the stains. In November 2011, I hired a professional to clean the stains and not all of the stains were removed. He refuses to pay for the damage on the driveway or claim fault for his negligence. This incident has caused a disharmony between us. He knew his vehicle needed repair but was too lazy and stingy to repair his car. We have a