Q- I want to sue the State of California, the County of Sacramento, the City of Sacramento, and any other state or local government entity that was involved in depriving me of my civil rights in an incident last March. I was talking about my plans with my cousin, and she told me the statue of limitations was six months. I thought the statues were longer than that--years, not months. Irregardless, I'd better get started--so how do I sue the State? Trinity A- Thanks for your question. Bringing an action against a public agency or its employee presents special procedural requirements. Before a lawsuit or complaint can be filed with the court, the injured party must first file a claim with t

Q: I recently opened a bakery where I use recipes that have been in my family for generations. I’m worried about my competitors getting a hold of these recipes, and using them in their own bakeries. Can I patent my recipes, to keep them from being used elsewhere? Thanks! Arielle A: Recipes can be patented, as long as they meet the requirements that apply to any other type of invention. There are several basic requirements you will need to meet in order to patent your recipes. First, your recipe must fall into one of the patentable subjects described by Federal law. To be patentable, your invention must be a "new and useful" process, machine, manufacture or composition of matter. The US S

Q. Is it possible to obtain an individual's booking photo using the booking number at a County jail? Thank you, Rebecca A. There are several reasons a person might want to see booking photos (also known as “mug shots”). They are a popular part of news stories on crime, especially when celebrities or particularly newsworthy crimes are involved. In some cases, a person may want a photo to help them identify a person who may wish them harm, but whose appearance may have changed. Academic or other studies may be another potential use for booking photos. Although a few police or sheriff’s departments routinely release booking photos, and some even post them online, in many cases they are re

Q. I just got a default judgment against me by a credit card company. I didn’t bother answering the summons and complaint because I figured I didn’t have any defenses—I spent the money but couldn’t pay the bill. A friend told me they could go after my wages, now, though, and take 25% of them until my credit card bill is paid. I don’t make that much money; we live paycheck to paycheck and I can barely afford to feed my family and pay my rent and other bills, which is how I got into this problem in the first place. Can they really take a quarter of my paycheck? Is there anything I can do about this now? Jin A. You could attempt to obtain “relief” from the default judgment, but you must pro

Q- I am involved in a court case and need to serve legal documents and the only address I have for the other person is a mailbox at a UPS store and someone told me that I can’t serve a P.O. Box, is that true? Joseph A- The answer depends on what type of P.O. Box you are trying to serve. If it is an actual post office box that is offered by the federal government, through the United States Post Office, then it cannot be served. However, according to the California Business & Professions Code § 17538.5, you can serve a Commercial Mail Receiving Agency (CMRA) which is commonly referred to as a “post office box” even though legally it is not. CMRAs offer private mailboxes, and these are techn

Q: My ex and I were divorced many years ago, when we were both working at different jobs than we have now. Teenage boys are very expensive, and more child support would really help! I don’t know if it’s worth the hassle of all the paperwork, though, if the support amount won’t change much. Is there any way for me to estimate how much the new order would be? - Rachel A:  Typically, child support orders can be modified anytime circumstances change, such as unemployment or job promotion. If it’s been several years since your support was determined, and if you’re working at different jobs, it’s very possible that your support order can be modified. California has a statewide guideline for ca

Q. Hello, I found your website and I have a question about fireworks. I happen to have been born on New Year's Eve and always thought it would be fun (weather permitting) to have some of the Red Devil fountains to light . . . I guess they are called safe and sane now . . . in my day, that meant Red Devils! So, is it legal to set off California legal fireworks any time of year? If not, would I need a permit or something? Also, is it legal to purchase fireworks online, as long as they meet a safe and sane standard? Also, I would most likely be celebrating with friends in Citrus Heights . . . does that make a difference? FYI, we would either use the street, or the driveway. I'm totally wi

A group of Sacramento Natural Foods Co-op members who seek to ban Israeli-made products at the store began court proceedings Thursday, saying the co-op’s board is violating its bylaws by not opening the decision to a vote by members. “Our ultimate goal is to have the co-op’s bylaws maintained, and those bylaws require and give members the right to put initiatives on the ballot,” said Maggie Coulter, who sponsored the “Human Rights Initiative.” To read more about the issues behind the legal action, click here. Coulter said Friday that the group filed a writ of mandate in Sacramento County’s court system Thursday in hopes that a judge will require the co-op board to allow the membership t

Q: I recently purchased a home in a nice, family-oriented neighborhood. My neighbors to the left of me have a large swimming pool, which their young children and the children’s friends frequently play in. I’ve noticed that the pool doesn’t have any sort of barrier around it. Isn’t there a law that states pools must have a surrounding fence to protect young children from an accidental drowning? If so, is it my duty to report them? -Rick A: With summer upon us (finally!), it’s certainly true that pool owners should be especially vigilant in regard to pool safety measures for children. Laws and regulations concerning pool safety will vary depending on the state and county in which you reside

Q: I was surprised recently to come home to a fireworks stand in a parking lot adjacent to my house. I feel that it is too close for safety. What are the laws in the city of Sacramento for fireworks stands? Thank you, Lori   A: Thanks for reading and submitting your question! Late June, fireworks stands start appearing seemingly overnight and appear on almost every street corner. Before the individual or organization can set up a fireworks stand in the City of Sacramento, they must first apply for a Permit to Sell Safe and Sane Fireworks. All applicants must provide the city with a public liability policy in the amount of $50,000 and a $25,000 property damage policy and a products lia

The agency that manages retirement benefits for Sacramento County employees provided in-depth information about retirees’ finances to The Sacramento Bee earlier this week after a lengthy court battle. The Sacramento County Employees’ Retirement System released information about retirees on June 13, Richard Stensrud, the chief executive officer of SCERS said Wednesday. Joyce Terhaar, executive editor of the Bee, confirmed in an interview Thursday that the newspaper received retiree information from SCERS after suing for it in 2010.“In general, it should have been available from the beginning,” Terhaar said, referring to the data SCERS submitted. The Bee, which joined with the First Amend

Q: My neighbors moved out a couple of months ago because they were facing foreclosure. They left the house a mess! The yard is totally overgrown, there’s a pile of junk in the driveway, and I’m afraid the pool is going to start growing mosquitoes now that the weather is warming up. Is there anything I can do? - Karina A: Unfortunately, you are not alone in this situation. The Sacramento Bee reports that there are thousands of vacant homes in Sacramento, many of which are severely neglected by their owners. According to City estimates, approximately 60 percent of these abandoned properties are bank-owned. To help combat this growing problem, Sacramento enacted its Vacant Building Ordinan

Q. A couple years ago, a collection agency got a judgment against me without my knowledge. After they started garnishing my wages, I filed a motion to vacate the judgment since I was never served. I won, but the judgment is still showing up on my credit report. How do I get it off? Thanks,  Anya  A. Congratulations on getting the judgment vacated. Since you no longer have a judgment against you, the credit bureaus should remove it from your record. Unfortunately, it’s rarely that easy. Credit bureaus (and the public record researchers who sell them the data) commonly miss changes such as an order vacating a judgment, satisfactions of judgment, and the like. (National Consumer Law Center,

Q. I was wondering if it is legal in California for retailers like WalMart and Best Buy to ask customers for their receipts as they exit the store. As a paying customer, I resent being treated like a criminal. It is because of practices like this that I shop online whenever possible. I understand that membership stores like Costco and Sam's Club have user agreements that allow them to check receipts against items in your cart, but without such an agreement is WalMart violating my rights? Thank you for your time. Ally A. Best Buy and WalMart have certainly started a trend--more and more stores across the country are asking to see receipts upon exiting these days. It may be inconvenient,

Q. I share part of a fence with the neighbor behind me and they put a trampoline up against the fence so when their kids and friends jump they clear the top of the fence by a couple feet and look into my yard and home. Their yard is higher on the hill than mine which makes the trampoline sit even higher at the fence, and my yard is an odd wedge shape, narrowing on the side they have the trampoline so that the distance from my bedroom and living room window directly to where the trampoline sits is only about 10 yards. I've explained and asked them nicely once if they could "scooch the trampoline over a bit." This made the mom defensive and unreasonable and she later squirted me with her hos

Q: I saw your column on Sac Press and thought maybe you can help. I am a customer of Sony’s PlayStation Network for online gaming, recently they had a security breach and Sony notified me that some of the information released to hackers includes my full name, address, phone number, email address, PlayStation user ID and password, and credit card information, just to name a few. I know this info has gotten into the wrong hands due to the huge amount of spam email I am now getting. My concern is primarily with identity theft as my credit card company has stated they are aware of the issue and I have zero fraud liability, but some of my friends may not be so lucky as they used debit cards an

Q. There is a boundary fence between me and my neighbor's side yard. It is leaning and I have propped it up for the last time. I have gotten two estimates from reputable fencing companies. My neighbor is refusing to pay half to replace it. I don't want to go to court. What else can I do? A. More people are like you wanting to avoid going to court and solving matters using alternative dispute resolution. Using alternative dispute resolution can save you time because it is easier and quicker to write up an agreement than it is to go to court. It can save you money on attorney's fees, court costs and other expenses. It also gives you more control over the case and the outcome since you are a

Q: I have a great idea for a new California law. Our kids get nothing but junk food at their school cafeteria for lunch. They should be learning about – and eating – fresh, healthy food. I want to get a law passed that requires every elementary, middle and high school with a school lunch program to also have a school garden to supply students with fresh fruit and vegetables. How do I get this law passed? Paula A: Dear Paula, Laws are created in one of two ways in California: through the legislature, or through an initiative. Bills in the State Legislature Most new laws (or changes in laws) start when a state senator or Assembly member drafts and proposes a bill. People in a certain ag

Q. My wife and I are getting a divorce, and the judge is making all her rulings in my soon-to-be-ex’s favor for no good reason that I can see, except that the judge doesn’t like me—she seems to be biased against men. What can I do to get rid of this judge? Can I report her to the State Bar? A. The law and procedure for the disqualification of California superior court judges, court commissioners, and referees, is in the Code of Civil Procedure (CCP), sections 170 through 170.6. There are two basic methods a party can use to ask that a judge be disqualified from their case: 1) CCP §§ 170-175 provides the justification and procedure whereby a party may take action toward disqualification o

Q. I’ve decided to contest a speeding ticket I received recently. How do I obtain all of the police records and evidence against me?   A. Before you contest your citation, you may want to consider submitting an “Informal Discovery Request” to the issuing agency. Under California Penal Code Sections 1054-1054.7, the prosecution in any criminal case (including infractions) is required to provide the defendant with copies of all written statements, reports, and logs regarding the case. This code section also applies to a copy of the engineering and traffic survey if your citation is a radar case [Cal. Penal Code § 1054.1(f)]. Fortunately, you can submit this request before you formally cha