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California Internet Law Questions & Answers
1 Answer | Asked in Consumer Law and Internet Law for California on
Q: Is it legal to record a video in a restaurant against owners will with intention of defamation

Customer came to restaurant filming on camera demanding that chef say on camera that the food was uncooked, then posted on google a review and telling people that she has the video recorded.

The entire thing seems prestaged to intentionally damage a business

James L. Arrasmith
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answered on Aug 19, 2023

Recording a video in a restaurant without the owner's consent, with the intention of defamation, could potentially violate California's privacy laws and defamation laws. California is a two-party consent state, meaning all parties involved in a conversation must consent to its recording.... View More

1 Answer | Asked in Criminal Law, Internet Law and Social Security for California on
Q: Is it illegal to send someone's full name and pictures of them to an online chatting service (Discord)?

Basically, I want to expose this person for not being who they say they are. I want to call them a liar, post their full name, as well as some old selfies of themselves. This person is a minor (17)

They already have these pictures and their full name posted on a separate old account, but... View More

Dale S. Gribow
Dale S. Gribow
answered on Dec 18, 2022

Anyone can be sued for anything..........but it doesn't mean one would prevail.

The bottom line is based on the truth........truth is a defense.

However, before you do anything, you may want to consult a local lawyer and share ALL the info with him/her.

1 Answer | Asked in Business Formation, Business Law and Internet Law for California on
Q: What constitutes as the state in "doing business" for online business filing for a LLC? Owners in separate states too

I've read in some articles that the place to file an LLC is in the state you reside, even for online businesses. As you would need a foreign LLC to do business in the home state anyways if you filed out of state.

But what is the definition of "doing business"? Is it the... View More

Louis George Fazzi
Louis George Fazzi
answered on Dec 17, 2022

Lawyers practice law so they can provide advice on questions just like this. Are you asking this question because you are only interested in LLCs, or do you need advice on how to set up an LLC and begin operating a business under one? This forum isn't here just to satisfy someone's... View More

1 Answer | Asked in Consumer Law, Criminal Law, Banking and Internet Law for California on
Q: If a corporation knowingly or should have reasonably known used false documents to remove funds from my bank acct.

A USPS tracking number for a 12oz package that is not the item I purchased. Delivered to an address other than the address I provided was used to claim I had received my purchase that weighed 144lbs which is over the maximum weight limit of 70lbs for delivery by the USPS. Not receiving my purchase... View More

Dale S. Gribow
Dale S. Gribow
answered on Nov 9, 2022

Certainly sounds like they screwed up.

However, I think the pivotal issue will be costs.

this is not the type of case most lawyers would consider accepting on a contingency.

thus you will be paying a lawyer for his/her time...and that is costly.

2 Answers | Asked in Consumer Law, Contracts, Business Law and Internet Law for California on
Q: Can I get in legal trouble for fees that I was not aware of and did not agree to?

I believe I have been scammed by Nutex, a crypto app. I tried to withdraw 1400 and they told me to pay 1400 as a safety deposit to comply with laws and it would be paid along with my initial investment. I did in my foolishness. They then told me I needed to pay 2000 to process it because it was... View More

James L. Arrasmith
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answered on Oct 8, 2022

Seems like a scam to me as well.

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1 Answer | Asked in Criminal Law and Internet Law for California on
Q: I am being texted by my moms neighbor. I used to live there but moved out two years ago. I never have spoken to him.

I don't know how he received my number but he started sending me pictures and messages in a foreign language. I ignored all messages as I assumed they were from a mistaken sender until one day I receive a picture of the cars in front of my moms house. I google the number and we trace it to my... View More

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

I also think a restraining order may be a good idea given what you've shared. Given this is not a close family member, you'll need to speak with an attorney about filing a request for a Civil Harassment Restraining Order. Good luck. [I litigate cases. Anything posted here must not be... View More

1 Answer | Asked in Copyright and Internet Law for California on
Q: Have a copyright infringement question? can u help?

received a threatening letter to cease and desist for sharing a photo on facebook... it was a photo of a some mountains...nothing x-rated or of a person.....

I immediately deleted the photo...but received 2nd letter threatening and asking for money or else will go to court......what shall we do?

James L. Arrasmith
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answered on Sep 17, 2022

Likely a scam. Hard for them to get any money from you if they cannot prove much in the way of damages. Feel free to contact me for some assistance if you still need help.

1 Answer | Asked in Consumer Law, Business Law and Internet Law for California on
Q: Hello I am wondering if a lawsuit can be brought against yahoo for strong arming customers into their prem tech suppt.

I called yahoo today about an issue with receiving an email from TIKTOC. I had no trouble getting in my emails on my cell phone or desktop computer at all and use it daily. After speaking to the Agent I was logged out on all devices to my yahoo account then told I had to reset the password. An old... View More

James L. Arrasmith
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answered on Sep 17, 2022

It may be considered false or deceptive advertising under California Business and Professions Code § 17200.

1 Answer | Asked in Criminal Law, Civil Rights, Internet Law and Wrongful Death for California on
Q: Is it illegal to tell someone to ask their doctor if a prescription to end-of-life medication is right for them?

I know it's illegal to tell someone to commit suicide on an online game. However, would recommending that a person contact their physician and see if end-of-life medication is right for them as per the End of Life Option Act in the State of California be legal? (with and without that... View More

Louis George Fazzi
Louis George Fazzi
answered on Aug 13, 2022

Not illegal to suggest that someone who is suicidal should seek the help of a physician.

1 Answer | Asked in Civil Rights and Internet Law for California on
Q: Can I sue a law firm for having my tragic story up and they are not involved or representing anyone in the case?

Recently my Mother and my Aunt were both brutally killed by a non-remorseful 18 y/o reckless driver. Whilst googling the story, I came across a law firm that had my families story highlighted on their web sight as the cover. It says something similar to ' Don't let this happen to you,... View More

Eric Gene Young
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answered on Jun 23, 2022

I know exactly the type of website you are describing, and they are, frankly, disgusting. I have had firms with these type of websites post information about cases I am handling. Unfortunately, the smarmy firms that use this kind of advertising typically obtain information about cases from publicly... View More

2 Answers | Asked in Domestic Violence, Federal Crimes and Internet Law for California on
Q: I am being cyber harassed and stalked by an ex boyfriend since April 22, 2022, and he refuses to leave me alone. Help?

I was with said person for approx 2 months. He admitted to having mental issues at the end of our relationship. Once I broke up with him, he began harassing and stalking me, and he refuses to stop as he stated to one of my friends he also harassed on social media. He continues to make multiple fake... View More

John Karas
John Karas
answered on May 11, 2022

You can file a Civil Harassment Restraining Order (CHRO) pursuant to Code of Civil Procedure 527.6 against your ex-BF. You can DIY, hire an attorney or paralegal to do so on your behalf. If your papers are prepared properly with evidence in support attached (and it sounds like you have plenty), 9... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Internet Law for California on
Q: Is a search warrant required, in regards to digital information, while incarcerated. (FaceBook/PayPal/Email)

Though privacy may be limited in an institutional setting, does the law require a search warrant to be served? Please cite case law or PC statue.

Louis George Fazzi
Louis George Fazzi
answered on Mar 13, 2022

Insufficient information provided. Need more detail to answer your question.

1 Answer | Asked in Identity Theft, Traffic Tickets and Internet Law for California on
Q: What laws exist in California around taking and attending an online traffic school course in someone else’s place?

With consent and necessary information provided, can someone legally attend/complete an online traffic school course for the consenting individual?

Maurice Mandel II
Maurice Mandel II
answered on Feb 24, 2022

Yes, falsely representing yourself as another individual to attend traffic school for them is a CRIME. Do not do it or have it done for you. The penalty will be much worse than the ticket, you could go to jail.

2 Answers | Asked in Criminal Law and Internet Law for California on
Q: What happens if district attorney doesn’t show up in court ?

They offered me a deal I decline and the next court date I was the first one called and the DA wasn’t there

Dan Moseley
Dan Moseley
answered on Jan 3, 2022

Commonly the court waits until a deputy DA shows up, or otherwise continues the case for one to two weeks. Like the rest of us, sometimes they are just delayed for legitimate reasons.

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1 Answer | Asked in Consumer Law, Internet Law and Trademark for California on
Q: Can I sue Alibaba or the supplier in China

I recently ordered ebikes from Alibaba with trade assurance guarantee. Items were delivered to my China warehouse damaged. I filed a dispute but they are not accepting a return nor providing a discount or send a refund. There are so many frauds. I am a complete victim with proof. How can I fight... View More

Ian Pike
Ian Pike
answered on Dec 9, 2021

As a general rule of thumb, you can file a lawsuit naming anyone, including a business entity, as a defendant. To sue Alibaba, or another foreign company, here in California you would need to be able to establish jurisdiction over all of the defendants just to bring them into court. If you have an... View More

1 Answer | Asked in Civil Litigation, Internet Law, Libel & Slander and Small Claims for California on
Q: How can you add up pain and suffering and what proof do you need to show the court?

I am being sued for $10,000. For lost wages plus pain and suffering. The plaintiff has no proof of numbers. How does one show proof?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 16, 2021

Pain and suffering, like all elements of a claim, is shown via evidence, which comes in the form of testimony and documentation. Further, there is no calculable way to quantify pain and suffering--each case is different.

1 Answer | Asked in Business Law, Civil Rights, Gov & Administrative Law and Internet Law for California on
Q: Can the president of an HOA prevent a board member from engaging residents on social media? Which law supports this?

I found some protections for members of legislative bodies in the Gov code (Chapter 9. Meetings [54952.2], but those pertain to public entities and our HOA is a private nonprofit corporation.... View More

Louis George Fazzi
Louis George Fazzi
answered on May 27, 2021

The 1st Amendment of the U.S. Constitution protects the freedom of speech. It is also protected by the California Constitution in Article 1, section 2 which states: "SEC. 2. (a) Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the... View More

1 Answer | Asked in Criminal Law and Internet Law for California on
Q: Is asking for money not to release a video of someone saying something like the N word extortion?
Dale S. Gribow
Dale S. Gribow
answered on May 26, 2021

i would want to hear all the facts.

however, it certainly could be blackmail........

1 Answer | Asked in Intellectual Property and Internet Law for California on
Q: Copying my products from Alibaba to Amazon

I am a seller on Alibaba and would like to copy my products to a new Amazon account. But I have read the below in Alibaba t&c's. Does this mean as the IP owner I cannot use my Alibaba content to copy and upload new products to my Amazon account?

3.2 You agree that (a) you will not... View More

Robert P. Cogan
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answered on Mar 19, 2021

Facts are needed for an answer. For example, what content was contributed by Alibaba? What content did you use before you were on Alibaba? Also, you appear to be ignoring Amazon T&Cs. The words of the T&Cs are not self explanatory and need to be interpreted. It looks like the choices are to... View More

1 Answer | Asked in Civil Litigation, Consumer Law, Internet Law and Juvenile Law for California on
Q: I’m a 17yo minor. I “signed” a contract with PayPal when I was 12. I disavowed it. Their stonewalling me. What can I do?

EDIT: I signed it when I was 11

I was scammed a large amount of money for virtual goods (one of the people scammed me in BTC aswell) before I was medicated. I disavowed my contract with them, and told them that I want my money back (under “Contracts with minors 4318.02). I’m also on the... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 26, 2021

You may have a claim under various consumer protection and unfair business practice Acts. Contact a member of the Consumer Attorneys of California who deals with consumer debt issues. They give free consults.

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