California Legal Questions & Answers
73 plain-English answers to common California law questions, grouped into 12 categories. Each answer lists the statutes it is based on and explains when to talk to a lawyer.
Consumer (14)
- How do I appeal my property tax assessment in California?
California assessments are governed by Proposition 13 (1978) — a 1975 base year + 2% annual cap until a change in ownership or new construction triggers reassessment. File an…
- How does the lemon law process work in California?
California's Song-Beverly Consumer Warranty Act (Cal. Civ. Code §§ 1790-1795.8) with the Tanner Consumer Protection Act presumption (§ 1793.22) is among the strongest in the U.S…
- How much of my wages can be garnished in California?
California is stricter than federal law. Under Cal. Civ. Proc. Code § 706.050, an ordinary creditor may take the lesser of 25% of weekly disposable earnings OR the amount above 40…
- How do I file a mechanic's lien in California?
Serve a 20-day Preliminary Notice on owner, GC, and construction lender. Record the lien in the county recorder within 90 days of completion (60 days if a Notice of Completion was…
- What is the personal injury statute of limitations in California?
California gives you 2 years from the date of injury to file a personal injury lawsuit (Cal. Civ. Proc. Code § 335.1). Medical malpractice is 3 years from injury or 1 year from…
- How does small claims court work in California?
California small claims handles disputes up to $12,500 for individuals and $6,250 for entities. Filing fees range $30-$75 with waivers available. Attorneys are barred from…
- How do I set aside a default judgment in California?
Move to vacate under Cal. Civ. Proc. Code § 473(b) within 6 months of entry on grounds of mistake, inadvertence, surprise, or excusable neglect. If counsel files a sworn affidavit…
- Who is liable if a dog bites me in California?
California imposes strict liability on dog owners under Cal. Civ. Code § 3342 for bites occurring in public or while the victim is lawfully on private property, regardless of the…
- What can I do if I'm a victim of identity theft in California?
California offers among the strongest ID-theft remedies in the nation: credit freezes are free under federal law since 2018, the AG runs an ID Theft Registry (Penal Code 530.7)…
- How does comparative fault work in California?
California is a pure comparative fault state per Li v. Yellow Cab, 13 Cal.3d 804 (1975); a plaintiff who is 99% at fault still recovers 1% of damages. Proposition 51 (Civ. Code §…
- How do I file a public records request in California?
California's Public Records Act (CPRA, Gov. Code § 7920.000 et seq.) requires agencies to determine within 10 days whether records exist and produce them promptly. Copy fees are…
- What is the statute of limitations for contract claims in California?
California gives 4 years to sue on a written contract (CCP § 337) and 2 years on an oral contract (CCP § 339). Sale-of-goods claims fall under UCC § 2-725 with a 4-year limit from…
- What money in my bank account is protected from creditors in California?
California protects a minimum-basic-needs amount in deposit accounts under CCP § 704.220 (currently ~$1,975 single/$3,950 family aliquot of monthly support), plus Social Security…
- How do I appeal a denied Social Security disability claim in California?
California's Disability Determination Services Division (DDSD), part of the Department of Social Services, handles initial SSDI/SSI medical determinations. You have 60 days from…
Criminal (10)
- What are DUI penalties in California?
California's per se BAC is .08 (.04 commercial, .01 under 21). A first DUI under Vehicle Code § 23152 carries up to 6 months jail, $390-$1,000 fine plus penalty assessments…
- How do I expunge a criminal record in California?
California offers relief under Penal Code § 1203.4 (probation expungement) and SB 731 (Clean Slate Act, automatic sealing for many convictions completed on or after Jan. 1, 2005)…
- How do I get a concealed carry permit in California?
California is now a shall-issue state following NYSRPA v. Bruen (2022) and SB 2 (2024). You apply through your county sheriff or city police chief, complete 16 hours of training…
- What are the search warrant requirements in California?
California search warrants require a sworn affidavit showing probable cause, issued by a neutral magistrate of the superior court under Cal. Penal Code § 1523 et seq. Officers…
- Can I legally record a phone call or conversation in California?
California is an all-party (two-party) consent state under Cal. Penal Code § 632 and § 632.7. All parties to a confidential communication must consent. Violation is a wobbler…
- How does bail work in California?
California permits cash, surety, and property bail under Cal. Penal Code §§ 1268-1320.34, but In re Humphrey, 11 Cal.5th 135 (2021), requires courts to consider ability to pay and…
- How does plea bargaining work in California?
California permits negotiated pleas under Cal. Penal Code § 1192.5, but § 1192.7 sharply restricts bargaining in serious felonies, DUI, and certain drug cases. Pleas of guilty…
- How do I sue police for misconduct in California?
42 U.S.C. § 1983 lets you sue state actors who violate federal constitutional rights, but federal qualified immunity bars suit unless clearly established law put the officer on…
- When can a private citizen make a citizen's arrest in California?
Under Cal. Penal Code § 837, a private person may arrest for a public offense committed or attempted in their presence, or for a felony not committed in their presence if they…
- What pretrial diversion or drug court programs exist in California?
California offers DA-run diversion under Penal Code § 1001, drug-offense deferred entry of judgment under § 1000, a 2021 misdemeanor judicial diversion under § 1001.95, plus…
Employment (10)
- What is the minimum wage in California?
California's statewide minimum wage is $16.50/hour (2025) for all employers, with a $20.00/hour minimum for fast food workers under the FAST Recovery Act (AB 1228) and a tiered…
- How do I file a workers compensation claim in California?
California workers' comp is governed by the California Labor Code and administered by the Division of Workers' Compensation (DWC). You must notify your employer of a work injury…
- How do I file for unemployment benefits in California?
File online at the EDD's UI Online portal as soon as you become unemployed — there is no statutory deadline, but waiting forfeits weeks. California pays $40-$450/week for up to 26…
- What is wrongful termination in California?
California is an at-will employment state under Labor Code § 2922, but courts recognize three major exceptions: (1) the public policy tort under Tameny v. Atlantic Richfield…
- How do I file a workers' compensation claim in California?
Report the injury to your employer in writing within 30 days (Cal. Lab. Code § 5400) and file a DWC-1 claim form. The statute of limitations is generally 1 year from injury under…
- Can I sue for wrongful termination in California?
California is at-will under Cal. Lab. Code § 2922, but recognizes robust public-policy (Tameny), implied-contract (Foley), and implied covenant of good faith exceptions. FEHA…
- What are my rights against workplace harassment in California?
California's Fair Employment and Housing Act (FEHA), enforced by the Civil Rights Department, covers employers with 1+ employee for harassment claims. Since SB 1300 (2018), a…
- Can my employer drug test me in California?
California permits pre-employment and reasonable-suspicion drug testing but heavily restricts random testing of non-safety-sensitive employees under privacy doctrine. AB 2188…
- Are non-compete agreements enforceable in California?
California voids virtually all employee non-competes under Bus. & Prof. Code § 16600. SB 699 and AB 1076 (effective 2024) expanded the ban to void agreements regardless of where…
- How do I appeal an unemployment insurance denial in California?
California's Employment Development Department (EDD) administers UI under Cal. Unemp. Ins. Code §§ 1326-1335. Appeals to the CUIAB must be filed within 30 days of the mailed…
Family (9)
- How do I file for divorce in California?
California requires 6 months state and 3 months county residency. It is a no-fault state citing 'irreconcilable differences.' File Petition (FL-100) and Summons (FL-110), serve…
- How is child custody decided in California?
California courts decide custody under the 'best interest of the child' standard (Fam. Code § 3011), with a stated public policy favoring frequent and continuing contact with both…
- How does alimony work in California?
California calls it 'spousal support' and recognizes temporary (pendente lite) and long-term (post-judgment) support. Temporary support often follows the local Santa Clara/Alameda…
- How is child support calculated in California?
California uses an Income Shares variant via a statewide algebraic formula in Family Code § 4055 (the 'CA Guideline'). The formula combines both parents' net disposable incomes…
- How do I get a marriage license in California?
Apply in person at any California county clerk's office for a public or confidential license ($35-$110 depending on county). There is no waiting period, no blood test, and no…
- How do I establish paternity in California?
California establishes paternity through a Voluntary Declaration of Parentage (VDOP) under Cal. Fam. Code § 7570 et seq., a court action under the Uniform Parentage Act (§ 7600 et…
- How does the adoption process work in California?
California adoptions are governed by Cal. Fam. Code § 8500 et seq. Birth-parent consent cannot be signed until after the child is born and may be revoked within 30 days unless…
- Are prenuptial agreements enforceable in California?
California adopted the Uniform Premarital Agreement Act at Cal. Fam. Code § 1610 et seq. Prenups must be in writing, signed voluntarily, and supported by full disclosure or…
- How do I get a restraining order in California?
California offers DVROs under the Domestic Violence Prevention Act (Fam. Code § 6200 et seq.), civil harassment orders (CCP § 527.6), workplace violence orders (§ 527.8), elder…
Housing (8)
- What are tenant rights in California?
California caps security deposits at two months' rent for unfurnished units (one month after July 2024 reform for most landlords), requires return within 21 days, mandates…
- What is the eviction process in California?
California requires a 3-day notice to pay rent or quit (CCP § 1161), 30/60-day no-fault notice, and just cause under AB 1482. Landlord files an unlawful detainer in superior…
- What must a home seller disclose in California?
California is one of the most disclosure-heavy states. Civ. Code § 1102 requires sellers of 1-4 unit residential property to deliver a Transfer Disclosure Statement (TDS) covering…
- How do I dispute a security deposit return in California?
California landlords must return the deposit within 21 days of move-out (Civ. Code § 1950.5) with an itemized statement and receipts for any deduction over $125. Deposits are…
- How do I dispute an HOA assessment or fine in California?
California's Davis-Stirling Common Interest Development Act (Cal. Civ. Code §§ 4000-6150) governs HOAs. Owners must be given written notice and a hearing before a fine becomes due…
- What is the eviction process in California?
California uses an Unlawful Detainer (UD) action under Cal. Civ. Proc. Code §§ 1161-1179a. Landlords serve a 3-day pay-or-quit, 3-day cure-or-quit, or (for AB 1482 covered units)…
- What can I do if my landlord won't fix uninhabitable conditions in California?
California has a statutory implied warranty of habitability (Cal. Civ. Code §§ 1941-1942). Tenants may repair-and-deduct up to one month's rent twice in any 12-month period…
- How do I resolve an easement or boundary dispute in California?
California recognizes express, implied, and prescriptive easements. Adverse possession requires 5 years of open, notorious, hostile, continuous use plus payment of property taxes…
Estate (8)
- How do I make a valid will in California?
California requires the testator to be 18+ and of sound mind (Prob. Code § 6100). The will must be signed by the testator and witnessed by 2 disinterested witnesses present at the…
- How do I create a power of attorney in California?
California adopted the Uniform Statutory Form Power of Attorney Act at Cal. Prob. Code §§ 4000-4545. A POA must be signed by the principal and either notarized OR signed by two…
- How does probate work in California?
California probate typically runs 9-18 months under the Probate Code (Cal. Prob. Code §§ 8000-12591). California has not adopted the UPC. Small-estate affidavit threshold is…
- Can I disinherit my spouse or child in California?
California is a community-property state, so a surviving spouse automatically owns half of all community property regardless of the will (Cal. Prob. Code § 100). There is no…
- How do I petition for guardianship or conservatorship in California?
California splits the roles: 'guardianship' is for minors and 'conservatorship' is for incapacitated adults (person and/or estate). Cal. Prob. Code §§ 1500-3925 governs. Capacity…
- How do I create an advance healthcare directive in California?
California's Health Care Decisions Law (Cal. Prob. Code §§ 4600-4806) recognizes a unified Advance Health Care Directive combining living will and power of attorney. Sign before…
- How do I file a quitclaim deed in California?
California quitclaim deeds require grantor signature acknowledged before a notary (Cal. Civ. Code § 1092); no witnesses needed. Record at the county recorder where the property…
- What is the homestead exemption in California and how do I claim it?
California's creditor homestead is $361,113-$722,225 (indexed annually under SB 832, CCP § 704.730); auto-attaches to primary residence, but a declared homestead under Civ. Code §…
Traffic (6)
- How do I fight a parking ticket in California?
Under Cal. Veh. Code § 40215, you have 21 calendar days from the citation date (or 14 days from a Notice of Delinquent Parking Violation) to request an Initial Review by the…
- How long do I have to register a vehicle in California?
New California residents must register within 20 days of establishing residency under Veh. Code § 4150.7, and purchased vehicles must be registered within 10 days. You need the…
- How do I get my driver's license reinstated in California?
California reinstatement requires resolving the underlying suspension cause, paying a $125 reissue fee to the DMV (Veh. Code § 14904), filing SR-22 insurance for 3 years after a…
- How do I fight a speeding ticket in California?
Californians can pay, contest in court, or file a Trial by Written Declaration under CCP § 5106 — a paper trial where the officer must submit a written statement or the case is…
- What are the open container laws in California?
California Vehicle Code § 23222(a) prohibits anyone — driver or passenger — from possessing an open alcoholic beverage container in a motor vehicle on a highway. Violation is an…
- What happens if I get a DUI/DWI in California?
California Vehicle Code § 23152 makes it unlawful to drive with a BAC of 0.08% or higher (0.04% commercial, 0.01% under-21). A first DUI is a misdemeanor punishable by up to 6…
Civil Procedure (4)
- What is the small claims limit in California?
California small claims court hears cases up to $12,500 for individuals and $7,500 for entities under CCP § 116.220. Filing fees range from $30 to $75. Lawyers cannot represent…
- What is the statute of limitations in California?
California's main civil limitations periods: personal injury 2 years (CCP § 335.1), written contract 4 years (§ 337), oral contract 2 years (§ 339), property damage 3 years (§…
- Can I get out of jury duty in California?
California requires US citizens, 18+, county residents with sufficient English under CCP § 203. Active-duty military and certain peace officers are statutorily exempt. Hardship…
- How do I legally change my name in California?
File a Petition for Change of Name (Form NC-100) in the superior court of your county, pay the $435 filing fee (CCP § 1276), publish the Order to Show Cause in a local newspaper…
Business (1)
Personal Injury (1)
Bankruptcy (1)
Civil Rights (1)
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.