Q- I found out I was adopted 21 years ago, and now that both of my adoptive parents are dead I want to look at the adoption records. Where can I find information about this and is it even possible? Sue A-I’m sorry to hear about your parents and it is understandable that you would want to learn about your family history. In California, the state registrar’s sealed birth record of an adopted person may be opened for inspection only on order of the superior court. You would need to file a verified petition with the superior court in the county where the adopted person resides or in the county where the adoption was decreed. According to California Health and Safety Code §102705, you would n

Q: My girlfriend and I recently broke up and she has yet been unwilling to negotiate a shared custody agreement over our dog. I would like to start civil proceedings to ensure that I retain custody of the dog should she not become more agreeable to a reasonable compromise. Can you tell me what paperwork I need to complete and submit to file the case? Thanks! Ben A: Although most pet owners consider their dog a member of the family, under California law, pets are considered personal property, no different than a TV or dining room set. The court may make a determination as to the ownership of the property, but cannot get involved in setting up any sort of custody or visitation order for y

Q. Dear Law Librarian, I am starting a new business. I hired a graphic artist and now have a really awesome logo. I have gotten my business license and registered as an LLC with the Secretary of State. How can I protect my logo? What’s the difference between a trade name and a trademark? Dana A. You are right this is a confusing area of the law especially for new businesses. Trade Names Trade names are just the name of the business entity used in identifying a business and generally used by the company for billing, taxes, banking, or other identification purposes. Trademarks Trademarks are marks used in connection with goods or services so that consumers recognize the marks as identif

Q. I am the plaintiff in a motor vehicle personal injury case in Sacramento Superior Court. I went to your wonderful Civil Self-Help Center, which helped me get started with my complaint, and I want to thank you for offering that service! I also attended the Discovery Class on a Thursday, where the staff attorney explained all about the discovery process, and a Discovery Lab the next Thursday, where, again with the help of the staff attorney, I drafted some Interrogatories, and served them on the defendant. The problem now is she won’t answer them. What do I do? Georgette A. Thank you very much for your kind words about the Civil Self-Help Center, Georgette! For those of you that don’t k

Q- On Saturday I got a bill in the mail from the State Board of Equalization saying I owed 1400.00 in sales tax and late fees from when I bought my brothers truck last year. I thought as brothers, we were exempt from the tax. Do I owe the money now?? Adam A- Thanks for your question. Your answer depends on how old you and your brother were at the time of the transaction. According to the California Vehicle Code §6285, you are not required to pay use tax on the purchase of a vehicle or vessel if it is considered a family transfer. A family transfer is from a parent, grandparent, grandchild, child, spouse, domestic partner, or siblings. However, both siblings need to be minors at the time

Q: My neighbor has been complaining constantly to be about my trees blocking his solar panels. I just received a formal letter from him, saying he’s going to sue me if I don’t cut my trees so they don’t block his solar panels. My trees do not hang over the fence or in any way cross onto his property, so can he really force me to cut them? And can he really sue me? Thanks,  Gavin   A: It really comes down to one question: what came first, your trees or the solar panels? In 1978, California passed the Solar Shade Control Act (Public Resources Code 25980-25986). California is one of the only states in the country with a law specifically governing this topic. The law was intended to encourag

Q. Hi Law Librarian, I was taking my purebred Akita puppy, Jett, for a walk and I tied her to a parking sign for 2 minutes while I ducked into a bodega to get us some water; when I came out she was gone. Stolen! I called the police, animal control, posted signs, and talked to neighbors and so far nothing. Is this a crime? Michelle A. Hi Michelle, Pet theft remains a terrible reality across the country. Often underlying these crimes are dogfighters seeking bait animals and dealers acquiring animals to sell to research laboratories or breeding operations. Less organized motivations include kidnap and ransom attempts even animal hording. Yes it is a crime: CA Penal Code 487e. Every pers

Q. I would like to change my daughter’s middle name. She is two months old. I am the only listed parent on her birth certificate and there is no paternity on file anywhere. How do I change her middle name without the other parent’s consent or having to be served, since his whereabouts are unknown and there is no established parentage? Julie A. Unfortunately, in order to change your daughter’s middle name you will have to serve her father, whether or not parentage has been established. Two parents’ signatures must appear on the paperwork to change a minor’s name. If you cannot serve your daughter’s father because you cannot find him, you must submit a declaration to the court, detailing a

Q. I wonder if you could discuss the authority of private security guards or perhaps just give me links to applicable code sections. I realize they can make a citizen’s arrest just like anyone else, but do they have additional powers? And, of course, if they attempt to detain a person, what is their authority in that event? -Jim A. The topic of private security guards is a timely one, because it seems like most stores I visit nowadays employ a security guard, if not several. An interesting fact: in California, security guards outnumber peace officers 4 to 1. Given that it’s a growing industry and one that permeates our everyday lives, it is certainly useful to learn more about the profes

Q: A couple of years ago, I heard about a law being proposed, I think by someone from San Francisco, that would require employers to provide paid sick leave. Since then, though, I haven’t heard anything more about it. How would I find out what happened with that bill? Thanks, Glenn A: It looks like this idea has been presented to the Assembly twice in recent years – as AB 1000 in 2009, and AB 400 in 2011. Both bills were presented by former Assembly Member Fiona Ma (D- San Francisco). These bills required employers to provide one hour of paid sick leave for every 30 hours worked, to be used for the diagnosis, care, or treatment of health conditions of the employee or an employee’s family

Q. Hi Law Librarian, About 5 weeks ago I filed a lawsuit in the Sacramento County court against a customer who owed me $17,000. I had to include a check for $370 to file the lawsuit. I followed the directions to stamp it and put it in the dropbox, but I have never talked to anyone and I never heard back. I checked on the court’s website and my name isn’t showing up in the Case Index, and the check hasn’t been cashed. Last week the customer and I worked out a payment plan and I agreed to drop the lawsuit. Can I get my check back or do I have to wait for them to cash it to get a refund? Luvinia A. Hello Luvinia, Unfortunately, even though it has not shown up online yet, your lawsuit has

Q. I have a promissory note in the amount of $70,000.00 secured with a deed of trust to a house in Tahoe City. The note is now 8 months overdue. I would like to place a lien against another home he owns in Tahoe City as well . . . how do I go about doing that? Also, what is the best way to force payment on this Note? Thank you! Carrie A. You seem to have two questions: one, how do you go about placing a lien against real property when you do not have a security interest in that property; and two, how do you foreclose against real property in which you do have a security interest? Let’s take them in turn. The answer to your first question is that you cannot. Liens are governed generally

Q- I love the Allstate commercials where there’s a guy called “Mayhem” and he creates lots of problems for people. Obviously, the commercial is trying to get people to buy insurance by saying mayhem is everywhere, watch out for mayhem, and protect yourself from mayhem. I’ve also heard murder and mayhem mentioned together in movies, but what exactly is mayhem? And since when is mayhem funny?? Drew A- Thanks for your question Drew. Those Allstate commercials are pretty clever and always leave me with a smile. There are a couple of different ways to answer your question. People often have varying ideas of what mayhem actually means; first we can look at the basic definition and the one that

After hearing the arguments of 18 impassioned medical marijuana advocates and a few foes, a decision on whether to toughen the zoning restrictions on medical marijuana dispensaries was pushed back Tuesday night by the City Council. The council was poised to pass an ordinance amendment which would have increased the distance dispensaries are required to be from schools from 600 to 1,000 feet, but the item was pushed back three weeks after some council members spoke against the proposal and directed staff to do further research. "My concern is we've created an outright ban," said District 3 Councilman Steve Cohn. "What we're talking about here is medical marijuana, not recreational marijua

Q: My husband and I hired a licensed contractor to renovate a bathroom in our home about three months ago. About six weeks ago, he just stopped showing up altogether, and is not returning any of my calls. There is a lot of unfinished work, and a lot of the work done so far was done very badly. What can I do? Thanks! Cheryl   A:  Contractor’s State License Board (CSLB) is often a good place to start. They offer investigation, mediation, and arbitration services for construction disputes. The board can also take disciplinary action against the contractor, such as suspending his license, imposing fines, or ordering your contractor to correct his work (or pay to have someone else correct his

Q. I moved to an apartment that is near the railroad tracks in Mid-Town. Trains blow their horns day and night. I understand that the City has applied for a Quiet Zone for that stretch of track. I was trying to get the application and other relevant documents from the City but I am not sure how to do it. Any suggestions? Todd A. Hi Todd, The California Public Records Act (CPRA) guarantees that the public has access to public records of governmental bodies in California   (CA Gov. Code section 6250 et. seq.)  It allows inspection and/or disclosure of governmental records to the public upon request, unless exempted by law. The California legislature prefaced the legislation by stating, “…a

Q. Greetings, I was hoping to find out information on laws surrounding self storages and the return of personal property such as pictures and personal papers. I recently had a storage unit sold that contained many personal papers (contracts and agreements) and boxes full of family photos (current framed and past pictures of living and deceased members). The storage company has stated these items were to be returned and would look into the matter, but, have yet to return calls or answer when we call. I know certain states have laws requiring these types of items be returned; does California have such a law? Thanks and kind regards, DaShon A. During the holidays, while we were visiting

Q. My wife and I recently discovered that our one-year-old daughter has several food allergies, including peanuts, dairy, eggs, and peas. Are there any laws in California that require restaurants to indicate any of these ingredients on their menus, if they are not immediately obvious from the nature of the dish? Thanks, Nicolai A. Good question, and one that is applicable to a growing number of parents and children each year. According to the Food Allergy and Anaphylaxis Network (FAAN), “food allergies affect as many as 15 million Americans, and the prevalence is increasing among children. According to the Centers for Disease Control and Prevention, food allergy causes more than 300,000

Q:  I cannot find any specifics to the parking code CVC 22500(i), Sacramento City, Sacramento County. I was parked 24 feet and 31 inches away from a bus sign and received a $367.50 fine. I felt I was parked far enough away from the sign and behind another car parked closer to it. I'm looking for the law that states the exact footage from the sign that would be considered the "bus zone". So far I've found only a vague description that includes red paint on the curb. There was no paint of any kind on the curb or any other indicator that my vehicle was parked within the bus zone. I feel the ticket is unwarranted. I've also noticed, and photographed, cars parked in the exact same spot every da

Q. A friend of mine told me that a company called SOS America is offering $500 Visa Cards to people who are eligible for the American Opportunity Act education credit. All I have to do is fax photocopies of my Driver’s License and Social Security Card. I’m a broke college student, and I sure could use the money, especially right before the Holidays. What is the American Opportunity Act education credit? How can I get in touch with the SOS America company? A. Stop, Emily, Stop! This is a scam! If they do somehow manage to contact you, report them to the IRS at 800-829-1040, or inform the local Sacramento office at 4300 Watt Ave., (916) 974-5225, Sacramento, CA 95821. You can usually tell a