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- Who determines competency in a Durable Power Of Attorney? It states "The powers you grant below are effective even if you become disabled or incompetent". That is the only statement about competency. Thanks, Richard. A- Richard, Thank you for your question. For a person to establish a Durable Power Of Attorney (DPOA), they must have the mental capacity to understand and sign the document. Looking in a book we have here at the law library called “California Powers of Attorney and Health Care Directives” published by CEB, typically, the attorney representing a principal in the drafting of a DPOA for financial management determines the mental capacity of the client. The “capacity” requi

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. I am applying for a job as the manager of an apartment complex. The company has told me that I must submit a recent photo with my job application. Is this legal?! -Olivia A.  Dear Olivia, Requiring photographs is not illegal in all states, but it is in California. Under California regulations, it is illegal to require photographs as part of a job application, with certain exceptions (“defenses”): "(2) Photographs. Photographs shall not be required as part of an application unless pursuant to a permissible defense." Cal. Code Regs. tit. 2, § 7287.3 However, once a person is hired, the employer may require them to submit a photograph. You can find more information at the website of t

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

Q. When the cold weather hit last week I made a comment to my neighbor about how much I was looking forward to using my fireplace this winter (I recently bought my first house). My neighbor said that I can only have fires on approved days, but he didn’t know anything more about it. Is this true? I can’t imagine the government controlling how often people use fireplaces and or woodstoves in their own homes. - Marie   A. Your neighbor is correct: some local and state governments regulate the use of fireplaces, woodstoves, and fire pits during the colder winter months in order to reduce soot levels in the air. The increased use of wood-burning devices as the temperature drops can lead to poo

Q-: My daughter is in elementary school and it seems like they are always asking for money. First it was a field trip, then a fundraiser, finally I needed to purchase a school t-shirt. For each instance, I gave them a check payable to the school. They have cashed some of the checks but not all of them. The one I am concerned about was given to them and dated back in September. Now that it is November, can they legally still cash the check? Parent in Natomas   A: According to “Consumer Banking and Payments Law” published by the National Consumer Law Center, six months after the date on any check, the check is considered a “stale” check. According to the Uniform Commercial Code 4-404, “A

Q:  I see campaign signs all over the place on private and public property. What exactly is the law concerning campaign signs? Can one really just throw a giant sign off of Watt Avenue on a public property greenbelt and be legit? How about campaign signs placed on street poles, 10 feet up on commercial property lines without owner’s permission, non-leased commercial property fences without owner’ permission et cetera. Thanks, Shawn A: With the election right around the corner, it seems like campaign signs are everywhere! State and local laws restrict the placement, size and time period for posting campaign signs. The California Outdoor Advertising Act (B&P 5405.3)  governs the posting o

Q. I have listed my home for sale and I have been alerted to two rental scams, one on Craigslist and the other on Zillow showing that my home is for rent not for sale. These scammers have even created a fake email using my name! What can I do? Jack V. A. Both Craigslist and Zillow  have pages devoted to educating people on how to avoid scams. As the homeowner you may flag this post in Craigslist by clicking on one of the flagging links at the upper right of right corner of the post, as “prohibited” meaning it violates craigslist Terms of Use or other posted guidelines. Craigslist will then remove the post however that doesn’t mean the scammer won’t post it again. In Zillow scroll down

Q. My husband and I have each signed and notarized separate Durable Power of Attorneys naming our daughter as the agent (and also added our two sons to succeed her). We used the form found in the Sacramento Law Library online forms. We did not have her sign the "Notice to person accepting the appointment as attorney-in-fact" as she will not actually be assuming the duties until a future date when we give her the form. I assume this does not make the document invalid since I had a power of attorney from my husband when he was overseas and I only had to present the power of attorney at that time. My question is: Does she have to sign a witnessed "acknowledgement or acceptance" in California

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 am a pretty good baker and I have been told that I should sell my homemade bread to restaurants and specialty food stores. I know that there are regulations and laws that govern producing and selling food items. I also heard that that there is pending legislation regarding homemade items that could help me. Can you tell me what permits etc I might need to get started? Stanley W. A. A first step to starting a new business is to write a business plan. A business plan also acts as a guide to map out the course of the business. It helps to assess your needs including what permits and licenses are required. The Greater Sacramento Small Business Development Center has numerous classes an

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. I want to know if you will immediately lose your driver’s license if you get three tickets in a relatively short period of time (or what the time period is, if there is one), or if that is optional on the part of the DMV. A. As with many legal questions, the answer to your question depends on a couple of factors, such as the type(s) of traffic citations you receive and the window of time in which you receive them. For questions relating to driver licensing in California, the current California Driver Handbook is the best place to start your research. The 2012 Driver Handbook is available online at the California Department of Motor Vehicles (DMV) web site www.dmv.ca.gov. To access the

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