State-Specific Legal Forms

California quitclaim deeds must include a preliminary change of ownership report (PCOR) when filed. The deed must be notarized and recorded in the county where the property is located. A documentary transfer tax may apply based on the property value.

California provides statutory forms for both durable and springing powers of attorney under the Probate Code. The principal must sign in the presence of a notary or two witnesses. An Advance Health Care Directive is a separate form under Cal. Prob. Code § 4701.

California recognizes both formal attested wills and holographic (handwritten) wills. A formal will must be signed by two witnesses. California is a community property state, which affects how property passes under a will.

California combines the living will and healthcare power of attorney into a single Advance Health Care Directive under Probate Code § 4701. The statutory form allows you to name a healthcare agent and state your wishes regarding life-sustaining treatment.

California requires LLCs to have an operating agreement, though it does not need to be filed with the state. California imposes an annual $800 minimum franchise tax on all LLCs plus an additional fee for LLCs with gross revenue exceeding $250,000.

California has extensive tenant protection laws including statewide rent control under AB 1482 (the Tenant Protection Act of 2019), which caps annual rent increases. Landlords must provide specific disclosures about mold, lead paint, bed bugs, and more.

California eviction (unlawful detainer) requires strict compliance with notice requirements. The landlord must serve a 3-day notice to pay rent or quit, 3-day notice to cure or quit for lease violations, or 30/60-day notice for no-fault terminations under AB 1482.

California small claims court handles disputes up to $10,000 for individuals and $5,000 for businesses and entities. Attorneys are not allowed to represent parties in small claims court. The plaintiff must attempt to resolve the dispute before filing.

California is a no-fault divorce state — irreconcilable differences is the only ground needed. As a community property state, marital assets are generally split 50/50. There is a mandatory six-month waiting period before the divorce becomes final.

California name changes require filing a petition, publishing the order to show cause in a local newspaper for four consecutive weeks, and attending a court hearing. Certain individuals (sex offenders, those with felony convictions) face additional requirements.

California most commonly uses grant deeds rather than full warranty deeds, but warranty deeds remain valid and provide the broadest title guarantees from grantor to grantee. The deed must be notarized and recorded with the county recorder where the property is located. A Preliminary Change of Ownership Report (PCOR) accompanies recording, and documentary transfer tax applies based on consideration.

California uses a bill of sale to document the transfer of personal property such as vehicles, boats, and equipment. For motor vehicles, the bill of sale supplements the DMV title transfer (REG 135 may be used). Notarization is not required for personal property but is recommended for high-value items.

California adopted the Uniform Premarital Agreement Act with significant amendments after the Bonds case. Both parties must have at least 7 days between presentation and signing, and both must be represented by independent counsel for a spousal-support waiver to be enforceable. Full financial disclosure is mandatory.

California allows landlords to charge an application screening fee, but it is statutorily capped (currently approx. $62.02 in 2024, adjusted annually for CPI). The landlord must provide an itemized receipt and may not charge more than the actual cost. Source-of-income discrimination (e.g., refusing Section 8) is prohibited.

California requires a 30-day pre-suit demand for many contract claims and a 20-day demand before filing in small claims under Cal. Civ. Proc. Code § 116.320(b). For Consumer Legal Remedies Act claims (CLRA), a 30-day demand is mandatory before seeking damages. Demand letters tolling the statute of limitations is rare; most should be sent without prejudice.

California uses 'Proof of Service' rather than 'Affidavit of Service.' The Judicial Council provides Form POS-010 (personal service) and POS-030 (service by mail). The form is filed with the court after service is completed. Service must be by a person 18+ who is not a party to the case.

California promissory notes are governed by the UCC and Cal. Fin. Code. The state imposes usury limits under the California Constitution: 10% per year for personal loans, the higher of 10% or Federal Reserve Discount + 5% for business/commercial loans, with broad exemptions for licensed lenders.

California enforces NDAs to protect legitimate trade secrets and confidential business information, but the Silenced No More Act (SB 331, 2022) bars NDAs that prevent discussion of harassment, discrimination, or retaliation. The Stand Together Against Non-Disclosures Act prohibits NDAs that conceal sexual harassment in workplace settlements.

California is the strictest state on non-competes — Cal. Bus. & Prof. Code § 16600 voids virtually all employment non-competes. AB 1076 and SB 699 (effective 2024) make void non-competes unenforceable even if signed in another state and create a private right of action. Limited exceptions exist for sale-of-business and dissolution-of-partnership contexts.

California allows modification of a child support order at any time when there is a material change in circumstances or when the existing order deviates from the statewide guideline calculation. The Department of Child Support Services will review orders every 3 years on request without proving change in circumstances.