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 &

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

Q. I accidentally bumped into the back of a car at a stop sign--I barely even tapped the bumper, I took a picture and you can hardly even see the tiny dent--but now this jerk is suing me for "soft tissue neck trauma," aka whiplash. He is asking for $100,000 for pain and suffering!!! I was laid off about a year ago, before the accident, and still can’t afford car insurance, much less an attorney, even if I could find one who would take my case—I looked and looked! What are people in my situation supposed to do? I did nothing wrong, I could lose everything, and no one will help me! Why won’t the Court appoint a lawyer to defend me? - Sandeep A: We’re all very familiar with the phrase "If yo

Q. I am trying to get my affairs in order and I am concerned about what will happen to my three dogs should I die or become incapacitated. Can I leave money in a will or trust for my dog's care? Suzy A. You cannot leave money or other kinds of property directly to your dogs because the law says that animals are property. I know most people that have pets consider them to be family members, but the law sees it differently, therefore your pets cannot be a beneficiary in a will. There are a number of things you can do to make sure your pets are provided for when you can no longer care for them. You can choose a new owner for your dogs and make it a legally binding decision by including it

Q. My ex won’t pay her child support. Whenever we go to court, she claims she has no income, but she has boasted to me before that she is making money under the table and I’ll never get any of it. I bet I can get her to admit it again. Is it legal to record a phone call? Chris A. Don’t do it! It is illegal to record a phone call, or any private conversation, in California unless both parties know that the conversation is being recorded. You might also be sued for “intrusion.” Even if this doesn’t scare you, the tape would be worthless: it cannot be used as evidence in a court case, except your criminal trial. Under California Penal Code 632(a),  recording or eavesdropping on a confident

Q. My brother is going to get out of jail soon, and we were planning on him moving in with me, but his parole officer told him he couldn’t because he has to register as a sex offender and I live too close to an elementary school, which is against “Megan’s Law” or “Jessica’s Law” or something like that. Isn’t there anything we can do? I’m afraid if he doesn’t live with me he will be homeless. Jerri A. California’s Megan’s Law requires anyone convicted of a wide range of crimes, including forcible sex crimes involving non-consenting adults and most sex crimes involving children, prostitution, and child pornography, to register as a sex offender upon release on parole or probation or discha

Q: I’m not a California resident, but while driving home to Oregon last week I received a speeding ticket in California, more than ten hours away from where I live. If I want to contest it, do I have to drive all the way back to the county where I received the ticket? Brett A: First of all, kudos for being proactive about an out-of-state traffic violation. Many people under the same circumstance will simply ignore the citations in hopes that they won’t "follow" them back to their respective resident states. In fact, there are a few different databases that monitor driving records and violations across participating states, and there’s a good chance your state of residence belongs to at l

Q. I am involved in a Sac small claims action that continues to be postponed by the Defendant. I'm trying to get the matter over with. So now I'm wondering: what does "Form SC-105, SC Order and Answer do? Is it a way to expedite a case or ask a judge to review my evidence and rule in advance? The small claims advisors don't return calls and don't answer their phone. Any assistance would be appreciated. Thank you Carol A. I understand your frustration in wanting to resolve your matter as quickly as possible! Form SC-105 is a generic motion form. It is used to ask the court to make a decision about a specific issue in your case, such as amending a judgment to include other names the defen

Q: I stopped at a new convenience store near my house on my way home the other night, and when I went to pay for my purchases I noticed they had a note taped over the debit/credit card machine that said I would be charged an extra 75 cents if I paid with a debit or credit card, unless the total purchase was $10 or more. Well, I had no choice since it’s the end of the month, so I used my credit card and paid the extra 75 cents, but I was steamed! Is this legal?  -- Cody A: Credit and debit cards are a convenient option for many consumers. However, they can be very expensive for merchants, who must pay the issuing bank a fee every time they swipe a card. These fees vary, based on the issui

Q. I am the Judgment Creditor in a small claims case. My judgment was by default. In lieu of a debtor’s examination I am planning to use interrogatories. Is my debtor entitled to a witness fee? Also, is a judgment debtor entitled to witness fees for coming to a debtor’s exam? Thank you, Grant A. Good news! You will not need to pay the debtor any witness fees. After plaintiffs win a judgment, they are on their own trying collect it from the defendants (now called the "debtors"). In order to find out what assets the debtor has, and where they are located, plaintiffs are entitled to do post-judgment discovery, including interrogatories and an in-person debtor's examination. The law author

Q. I’m currently working on a project for my ethics class. In this project I play the role of a risk manager who provides information to a 15 year old patient asking for medical emancipation. Do you know of any good resources where I can find more information on medical emancipation because I haven't been successful in my research? Thank you so much for your time, I appreciate it very much. Best Regards, Maria In most cases, parental consent is required for a minor’s medical treatment. There are, however, exceptions, known as “medical emancipation” statutes. These statutes, which allow minors to consent to medical treatment without parental knowledge, approval, or consent, fall into two

Q. I just moved to Sacramento and have noticed many people riding bicycles around town. Biking to work would be ideal, but I’m worried about dealing with traffic in certain areas and would be tempted to ride part of the way on sidewalks. I have a hunch this is illegal, yet I see cyclists doing this pretty often. Could I be ticketed for riding my bike on a sidewalk? - Dan A. Sidewalks are invariably appealing to bicyclists: smooth, level surfaces that facilitate cruising and offer a cushion of safety from approaching vehicles and their drivers, some of whom may still be using handheld devices to talk or text. Despite popular belief, sidewalks can be lawful segments of bicycle routes, but

Q: Hello I'm e-mailing with a question about the law of Power Of Attorney. My parents have been divorced now since "2006” in "2005" my Dad gave my Mom Power Of Attorney over his personal affairs. My parents have been separated since "1989" but have always maintained a good relationship. Lately my Dad has been showing sing of early Alzheimer’s and we have concerns because it seems that due to their divorce the Power Of Attorney is no longer valid! Is this a fact or is there something we can do to ensure that My Mom remains a vital part of My Dads affairs! I’m not sure and we need to know because there are properties involved and health care issues. So if u could help us out with some helpfu

Q: I got a traffic ticket a while back, and missed my court date. I’d totally forgotten about it until I got something in the mail last week, saying I owed money on my outstanding ticket. It’s a huge amount now, with interest and late fees, etc. Can I ask for a payment plan or community service? I don’t have the money to pay the ticket right now. -Tanya   A: The payment of past-due traffic tickets is handled through the Sacramento County Department of Revenue Recovery. Periodically, the agency sends out letters regarding outstanding balances, in an attempt to collect money owed to the County. If you receive a letter from the Department of Revenue Recovery and wish to pay the amount in fu

Q. I have been renting a house for more than a year. I just got a notice that the house will be sold at auction at the end of this month. Do I have to move out then? That’s not nearly enough time to find a new place! And do I have to pay this month’s rent? I will need the money for a deposit on a new place. -Allan A. Don’t worry – you will not have to move out at the end of the month. Exactly how long you have depends on who buys the property at auction, and whether your lease is month-to-month or until a certain date, but you will get at least 90 days notice. The trustee’s sale may even be delayed – this frequently happens. But you do have to keep paying rent! With all the foreclosures