Q. I am applying for a position at a big company and they will be performing a background check on me. They asked for my social security number and I had to sign waivers about consumer investigative reports, etc. I thought that a new law was passed in California this year that made it so employers could not pull credit reports or use this against a candidate as a hiring decision. I won't be dealing with money and, while I will have access to the company's email database, I will not be handling money or have access to social security numbers. Is this illegal? A. The economic recession of the last few years, and the resulting damage to credit scores, has led many lawmakers to consider wheth

Q: I recently was pulled over for using my cell phone while driving. I was not holding it up to my ear. It was lying on my center console in loudspeaker mode. To dial I used speed dial feature for my house. The call was less than a minute. The officer said being on speaker is not hands free. I read an article that claims it is and that although drivers are discouraged from dialing their phone, it is permitted. So I am just trying to clarify how the law actually reads. A: Thanks for your question. You did not specify if you were a minor or an adult, and this is important since the law is different depending on this factor. The first law is regarding those 18 years and older is discussed

Q: I live in a neighborhood that has only been partially developed. There is a large area of land that has had residential streets and electrical work put in, but the homes have not been built yet. Some of the people in the neighborhood have started using the undeveloped residential streets to park or store heavy equipment, huge industrial-type trailers, and big-rigs. Sometimes it’s just overnight, other times they’re are being stored for days or weeks, sometimes unattached to a truck. Is this legal? If not, how do I report it so it stops? - Eric A: Parking is governed by a variety of state, county, and city laws. State laws are very broad, such as prohibiting parking on bridges or in tu

Q: I got a parking ticket today for $407.50 which I simply cannot pay. I do not have any money and do not have a way to pay this ticket. How do I get community service granted to pay my fine? Luis A: That’s a high-priced parking ticket! Unfortunately there is no single answer to your question. You will need to contact the agency or city that gave you the ticket to find out what options they offer. If this is in the City of Sacramento, the city does not offer any type of community service option. However, you can request to make payments instead of paying the entire sum at once. You can download the payment plan request form from the city’s website.: There is a $30 fee to set up a paymen

Q.  Hello Coral, I am so glad to have found your website! I have tried to research this problem but have had no luck in resolving it. From reading your site, I have found my problem to be related to "Encroachment." The problem is my neighbor's grove of bamboo shoots have started to infest my side of the fence, with their rhizomes roots sprouting and growing into bamboo shoots on both mine and their side of the fence. In a short amount of time, their bamboo grove has grown to about 20-30 ft tall. Even with the bamboo at that height, they are continuing to water it. On my side of the fence, there are multiple bamboo plants that have been shooting up to about 3 ft tall. I have been trying t

Q: My best friend of over thirty years recently lost her battle with cancer and it was very hard for me to not only lose her, but to have to watch her children make heartbreaking final decisions. I want to know what I can do now so that my kids won’t ever have to decide to pull the plug if something happens to me. Angela   A: It is always hard to lose a close friend. If your friend had planned ahead and had something called an Advance Health Care Directive, it may have made her final moments a bit easier for her family, but there is still time for you to plan ahead. California law provides individuals the ability to insure that their health care wishes are known and considered if they b

Q: I loaned a friend some money last year. He lost his job, and now he’s not paying me back. I want to put a lien on his house, because he owes me a lot of money. How can I do that? - Rich W. A: There are numerous types of liens available under California law. Some may be placed on the property with the property owner’s consent, such as a mortgage. Most other types are placed without consent. There are too many types of involuntary liens to list here, but a few common examples are mechanics’ liens placed by contractor who has not been paid for materials or work done on a property; tax liens placed by the government for nonpayment of taxes; judgment liens placed by a judgment creditor when

Q. I have received an email regarding a Class Action Settlement against a company I have done business with. It give dates to "Opt Out and Objection Deadlines" plus a Final Approval Hearing Date. What is a Class Action and is this email legit? Darryl H. A. In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of people whom they allege have similar claims. The people together are a “Class” or “Class Members.” In a class action, one court decides the result of the lawsuit for everyone in the Class. The court in this case has made a preliminary determination that, for settlement purposes only, this case can proceed as class action. Plaintiffs have ma

Q. Three weeks ago I got married to my girlfriend, “Ruby.” As soon we got married, I knew it was a big mistake. How do I get the marriage annulled? I just want out! -Bill A. I’m sorry to hear about your troubles. And I’m sorry to have to tell you that you probably can’t get an annulment (which California calls “nullity of marriage”). The good news is you may qualify for a “summary dissolution,” which is a quicker, easier way to get divorced than the standard dissolution process. People often think that annulments can be used to “cancel” any very short marriage. In California, however, annulment is totally unrelated to the length of the marriage. It’s only available when the marriage itse

Q. I was on a year-long trip to Costa Rica, and when I came back I found that a “default judgment” had been entered against me in Sacramento County Superior Court. It says I owe $25,000 to this guy who did some work for me in 2006! What is a “default judgment” and how do I fight it? I want my day in court! Nora A. When a defendant is served with a Summons and Complaint, the defendant has a limited amount of time (typically 30 days) in which to respond to the lawsuit. If a defendant fails to respond, the plaintiff may ask the court to enter a “default judgment” against the defendant. California Code of Civil Procedure (CCP) sections 473(b), 473(d), and 473.5 specify the most common ground

Q- Hello! I actually have several questions: 1. I moved out of my old apartment complex over 6 months ago. I didn't get a chance to sue them for my deposit. Is there a time limit? 2. I'm on the SHRA voucher. They still denied they over charged me. I'm have been retaliated against via gang stalking and attempts to run me over on 3 different occasion by management and employees. I resigned my lease several times and was never given an explanation. When I refused to do again, the manager got other tenants and kids to harass me including her own. I brought all this up to the property management and more via certified mail. He didn't address my issues but focused on coercing me to pay $500 ex

What an honor it was to be invited to participate in a Legislative Summit sponsored by the California Asian Pacific Chamber of Commerce at the California State Capitol in Sacramento. It’s 3rd annual event, held on June 20, 2012, was effectively a pro-business lobby day where five small groups, each with four business leaders, descended upon the offices of more than 50 California State Senators and members of the State Assembly. The purpose of these meetings was to offer support in terms of pro-business legislation that is currently being circulated in the State Capitol of Sacramento. As a Sacramento commercial real estate broker, one bill of particular interest to me was SB 1186, involvi

Q. I’m trying to make things as easy as possible after I’m gone. Someone told me I should add my kids to the title on my house to avoid probate. How can I do this? A. We get this question on a regular basis. This is one of those times when it’s hard to know exactly how to answer. The answer the patron wants is pretty straightforward. You can do it by signing a grant deed transferring ownership from you (as sole owner) to you and each of your children (as joint tenants with right of survivorship). The Nolo Press book “Deeds for California Real Estate” has samples and instructions, and it’s right behind the reference desk. The problem is, adding a child’s name to a deed can be a pretty bad

Q. Are tinted license plate covers legal in California? I have a friend who got a fix-it ticket for having one, but it is different from mine—his is sort of a bubble over the plate, which makes it harder to read, but mine is flat and lightly tinted. Should I be worried? Paul A. I would be if I were you. According to California Vehicle Code § 5201 (f)(2), which provides that “a covering shall not be used on license plates except as follows:” The installation of a license plate security cover is not a violation of this subdivision if the device does not obstruct or impair the recognition of the license plate information, including, but not limited to, the issuing state, license plate nu

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. 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