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California Communications Law Questions & Answers
1 Answer | Asked in Communications Law, Internet Law and Civil Rights for California on
Q: In a missing persons case, can a family member of the missing person access their private communications for leads?

There is currently a missing persons case being investigated for the disappearance of my father. I have access to his personal computer, which is logged into various services such as linkedin, facebook, email, etc. Am I exposing myself to any legal risk if I look through his email, social media... View More

James L. Arrasmith
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answered on Jul 18, 2024

In a missing persons case, accessing your father's private communications can be a sensitive matter. Legally, accessing his email, social media, or other private messages without explicit permission may expose you to potential risks, especially if you don't have legal authority such as... View More

1 Answer | Asked in Communications Law for California on
Q: In California, may I record a phone call if I've already given consent to the other party to record the same call?

The scenario is that I want to call a customer support phone number of a business that has been troublesome. During the phone call a recording states that "this call may be recorded for training and quality assurance purposes". By continuing with the call, I am consenting.

Given... View More

James L. Arrasmith
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answered on Aug 29, 2023

Under California law, recording a telephone conversation requires the consent of all parties involved, per California Penal Code Section 632. If the other party has already given a notice stating that the call may be recorded for quality assurance, that generally counts as their consent for the... View More

2 Answers | Asked in Criminal Law, Communications Law and Internet Law for California on
Q: Is it possible for criminal charges to be filed against my friend by this person?

He posed as a fake persona in order to obtain nude pictures from a female friend. He told her that he would cash app her the money and that her face didn't need to be shown to promote anonymity and let her know that he would be posting them online. Last night she found out it was him because... View More

Robert Kane
Robert Kane
answered on Aug 25, 2023

Assuming everyone is an adult, it is possible for criminal charges to be filed against your friend, but it seems unlikely. The victim files a police report. The victim does not file criminal charges. The prosecutor would do that if appropriate.

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2 Answers | Asked in Communications Law for California on
Q: If you make a call and they are recording you, with your permission, can you record without getting their permission?
T. Augustus Claus
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answered on Aug 9, 2023

In California, it's a two-party consent state, which means that all parties involved in a conversation must give their consent before a call can be recorded. If you are part of the conversation and want to record it, you would generally need to inform the other parties and obtain their consent... View More

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1 Answer | Asked in Civil Litigation, Civil Rights, Communications Law and Construction Law for California on
Q: Redevelopment city of Pomona CA blocked my private entrance without giving me a notice?
James L. Arrasmith
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answered on Aug 3, 2023

If the Redevelopment City of Pomona CA blocked your private entrance without providing proper notice, it may be considered a violation of your property rights under California law.

You should promptly seek legal counsel to assess the situation and explore your options for seeking remedies...
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1 Answer | Asked in Communications Law for California on
Q: CellPhone rights

I live in NYC and My girlfriend recently passed away lives in California and I brought her a phone a few months ago even payed the bill a few times I wanted Know what right I have to the phone if any I also have proof in text’s between me and her of when I payed for the phone even times she asked... View More

James L. Arrasmith
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answered on Jun 2, 2023

I'm sorry to hear about your loss. It sounds like you may have some legal rights to the phone, but it's important to speak with an attorney to get a definitive answer.

In California, the law generally considers personal property to be part of the deceased person's estate....
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1 Answer | Asked in Child Support, Consumer Law and Communications Law for California on
Q: Missed a payment on child support the rep texted me my monthly payment what my arrears and gave me his personal number

I have never talked to any agent over the phone I have had different numbers over the years. I have never gave my consent for them to text me. They didn't give me any option to opt of of receiving any messages.

Rosenthal FDCPA

15 U.S.C. § 1692b

(2) not state that such... View More

Leon Bayer
Leon Bayer
answered on Feb 14, 2023

It sounds like this could be a scam. Ask the caller to send you written verification that you owe any money, and insist they text it to your phone number, and don't give out ANY of your own personal info.

FEEL FREE TO SEND IN FOLLOWUP QUESTIONS AS THIS THING DEVELOPS.

1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Communications Law for California on
Q: Do we get restitution?
James R. Dickinson
James R. Dickinson
answered on Oct 19, 2022

More information is needed. Victims of crimes may be entitled to restitution. If you're a crime victim regarding a pending case, speak with the DA's office. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... View More

1 Answer | Asked in Criminal Law, Communications Law and Gov & Administrative Law for California on
Q: The 911 Dispatcher told the police I was diagnosed as Paranoid Schizophrenic. I have never been diagnosed with anything.

I have this recorded. I'm going to court on a 422 PC-F and a 136.19(A)(1)F also on the 911 recording. There are more issues at hand but i want to know about this one please!

Dale S. Gribow
Dale S. Gribow
answered on Feb 3, 2022

more info is needed

you should wait for the arraignment and ask the court to appoint a public defender for you.

s/he will have ALL the info to intelligently address this.

1 Answer | Asked in Divorce, Family Law, Communications Law and Domestic Violence for California on
Q: What form do I need for an amendment that covers communications about my children and properties please?
Dale S. Gribow
Dale S. Gribow
answered on Nov 20, 2021

amendment to what?

will/trust?

holographic or written? notarized?

is this a family law question? i only handle criminal and PI...............

2 Answers | Asked in Employment Law and Communications Law for California on
Q: Boss instructed me to email his client.

If I state in the email, “I am sending on behalf of my boss” and cc my boss, am I personally endorsing the contents and attachments? Even if I was instructed to send.

Niran Grimberg
Niran Grimberg
answered on Sep 15, 2021

California's Labor Code section 1102.5 states that if you complain/inform your employer of something you reasonably to be unlawful (in this case asking you to endorse contents and attachments), it is unlawful for your employer to retaliate against you. If you believe what your boss is asking... View More

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1 Answer | Asked in Criminal Law and Communications Law for California on
Q: Framed. What is the CA. evidence code to admit an email as evidence to prosecute. Email is NOT from me,

Someone is framing me and police believe the falsified email was from me. Service provider supplied letter clearing me but in another police waiting til it was too late to obtain exonerating proof from the service provider to show I didn’t draft nor send it. Any information would be appreciated.

Dale S. Gribow
Dale S. Gribow
answered on Jul 26, 2021

i think you need to send an anti spoliation letter to the company saying not to destroy your evidence...............in writing and email.

1 Answer | Asked in Civil Rights, Communications Law, Domestic Violence and Libel & Slander for California on
Q: I'm being neural remote monitored I need a lawyer to sue them
Dale S. Gribow
Dale S. Gribow
answered on Apr 18, 2021

more info needed to understand.

however, i do not do that sore of litigation.

that would be civil litigation, not criminal.

chances are you would only find a lawyer to do so on an hourly, not on a contingency

1 Answer | Asked in Civil Rights and Communications Law for California on
Q: Is it legal to print my name on a document handed to all residence that i spoke up about an illegal issue in the complex

I attended a residence zoom meeting it was recorded and notes were taken, when the notes were distributed my name was next to the most serious complaints about illegal issues at our apartment complex

Louis George Fazzi
Louis George Fazzi
answered on Mar 11, 2021

The short answer is yes. You participated in a quasi public meeting, so you should not be surprised that the notetaker included your identity and what issues you raised. You only want to be sure that you were quoted accurately.

1 Answer | Asked in Consumer Law, Communications Law, Constitutional Law and Small Claims for California on
Q: I booked 14 days at an inn, I stayed 6 days only, receptionist gave no receipt saw receipt on email was charged fully

I originally booked 14 days at an inn. I checked in and I was charged the 2 weeks right away. I asked if ever I decided to check out early is there refund. Guy said yes. On the 6th day, I told the receptionist I'm checking out and gave the card keys. Receptionist said I'm good to go... View More

William John Light
William John Light
answered on Feb 28, 2021

Small Claims is an option. However, if you booked through a third party, like Booking.com or similar, I don't think you can get your money back.

4 Answers | Asked in Criminal Law, Communications Law and Legal Malpractice for California on
Q: I need help ! I don't know how to go about this and if it's even worth it ..

I have a public defender . She calls me the day of my court date and tells me that the court is closed due to covid so no one is allowed in the court house . She left me a voice mail stating this loud and clear and repeated her self twice . she would notify me when the court re opened ,in the mean... View More

David Michael Lehr
David Michael Lehr
answered on Feb 24, 2021

Sorry about what happened. I would make sure that her office knows what happened to you and see if there is any way to help get your $2000 back. Unlikely, but worth a try.

Keep those VMs!

Good luck!

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Q: Legality of filming illegal activities as a reporter?

Hi my girlfriend and I plan on starting an investigative journalism based YouTube account. We want to shoot a video called, “A look into the black market cannabis scene.” For this video we plan to interview black market cannabis dealers who work with cartels along with filming their operation.... View More

David Michael Lehr
David Michael Lehr
answered on Feb 9, 2021

You are safe. They are definitely not!

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1 Answer | Asked in Consumer Law, Communications Law, International Law and Internet Law for California on
Q: Is someone allowed to be recorded without consent in a Discord Server (an internet chat forum) Under CA penal Code 632?

Discord is an online chat space for people who are playing video games. It is privately owned, and has it's own terms of service. Discord itself has a rule about following California's law. However, there is an argument that the chat service is a public space seeing as anyone on the... View More

William John Light
William John Light
answered on Sep 11, 2020

Section 632 applies to recording of "confidential communications" which are carried on by means of a telegraph, telephone or other device, which seems to cover everything. However, 632.5 through 632.7 were added in 1968 to include cellular radio telephones and cordless telephones. If... View More

2 Answers | Asked in Employment Law and Communications Law for California on
Q: My current position is being removed!

I work as BDC inside sales at a Dealership and was just told today that the position will be terminated. But, I was offered a new position of salesperson, which I appreciate but have no interest in accepting. I took the job as an office position a year ago, then was transferred to the dealership at... View More

Neil Pedersen
Neil Pedersen
answered on Sep 2, 2020

Refusing a job offer may prevent you from getting unemployment insurance benefits. While it is possible that you could establish that there was good cause to reject the offer, you risk being unemployed without benefits. Your better course of conduct would be to take the job and work it while... View More

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2 Answers | Asked in Criminal Law and Communications Law for California on
Q: Hello I have a bench warrant not sure out of what court but I know it was in 2014. How much would an attorney cost?
Dale S. Gribow
Dale S. Gribow
answered on Sep 1, 2020

MORE INFO NEEDED.

IT DEPENDS.........WHAT DIDN'T YOU DO?

NOT SHOW UP TO COURT? NOT FINISH PROBATION TERMS?

NOT PAY FULL FINE?

NOT DO TIME IN CUSTODY?

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