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California International Law Questions & Answers
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... Read 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... Read more »

1 Answer | Asked in International Law and Small Claims for California on
Q: bangoods.com item damaged sent back the lieing dont want to refund me i have solid facts annd proof of them lie after li

banggoods online shopping confirmed they got the retuen package, stared saying "we didnt te;ll you to send it back" lies, i have proof coped return labels etc.. just the most childish lies refusing to refund me im guessing lost the item perhaps and being stuborn... communist cover up... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 30, 2020

Sorry to hear you have this problem. Try to cancel your payment, if by credit card, file a dispute. A 15 second google search gave me this: Banggood has a consumer rating of 1.72 stars from 2,015 reviews indicating that most consumers are generally dissatisfied with their purchases. Banggood also... Read more »

1 Answer | Asked in Criminal Law, Immigration Law and International Law for California on
Q: My naturalized citizen dad wants to return to the US after fleeing mail fraud charges from the 90s. Will he be detained?

My dad became a naturalized citizen in August of 1996. In July of 1999 he was charged with mail fraud under 18:1341. After fighting it for a while he returned to India without settling the case. The most recent Docket entry shows charges for fleeing and making threatening remarks (18:1073 and 875c)... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 23, 2020

more info needed.

chances are that there is still a bench warrant for is arrest in the system and he would be arrested upon trying to enter.

mail fraud is a serious case and I would suspect he would not be released with a low bail or any bail.

since he didn't show once,...
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1 Answer | Asked in International Law and Internet Law for California on
Q: Internacional Law. Can any legal steps be made in this situation with the company in China?

A week ago I made a purchase of 120 thermometers for my uncle’s clinic in Peru from a company in China. The agent told me the total and arranged the delivery who guaranteed that it would be delivered to the clinic in Peru. A wire transfer was made to their bank in Hong Kong (HSBC) from J.p.... Read more »

Keith Hamilton Fichtelman
Keith Hamilton Fichtelman answered on Jun 17, 2020

There are a few issues here that are going to have a bearing on the answer.

First and foremost, did you have a written contract (even emails back and forth confirming terms) or was this all oral communications? If you have a written contract, those terms would control. Was your contract...
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1 Answer | Asked in Copyright and International Law for California on
Q: I'm an American but live overseas. I've been threatened with a copyright lawsuit from an Attorney in the USA.

Would they have to serve me here in Germany to proceed, and would I have to go to the States to respond? I have a U.S. business mailing address but am a legal resident of Germany.

The second part of the question is that through my research their 'client' might not actually own the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 15, 2020

This can be complicated.

In theory they can serve you and you should answer the lawsuit.

You could claim no jurisdiction if you live and work and the infringement happened as result of your actions in Germany.

Talk to an American attorney to understand your options better....
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1 Answer | Asked in Banking, Federal Crimes and International Law for California on
Q: Is what I am doing considered as structuring or smurfing?

Question answered. Thanks

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 13, 2020

Although you probably do not know it, you are operating a small business in California. And since your small business involves currency trades you may be violation federal or state law doing what you are doing for a living.

And BTW, in today's brave new world of super high-tech...
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2 Answers | Asked in Criminal Law, Federal Crimes, Immigration Law and International Law for California on
Q: a 90 year old NAZI was found to be living in Tennessee and will be deported. Why doesn't the US charge him instead?

https://www.google.com/amp/s/www.nytimes.com/2020/03/05/us/friedrich-karl-berger-nazi-concentration-camp.amp.html%3f0p19G=0038

Kevin L Dixler
Kevin L Dixler answered on Mar 6, 2020

The U.S. has elected to seek deportation for those who lie on their immigration forms, even if the lie took place long ago. This, because there is no statute of limitation in civil immigration law. There is no statute of limitations for murder. In the genocide cases, the Government of Germany is... Read more »

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1 Answer | Asked in Tax Law and International Law for California on
Q: A relative, who is a foreign citizen, is sending a relatively big gift to buy house (in excess of 100,000). is this tax

The person that is sending the money is the father of the US citizen, but he is not an expat of the US. He was born and continues to live outside the US, but does come to visit the US only around 1 month per year. So, he should pass the IRS “substantial presence test “, right ?

If my... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 25, 2020

Foreign transfers of funds into the US are not taxable.

They are reportable on form 3520.

1 Answer | Asked in Business Law and International Law for California on
Q: Can an international airline expect you to pay international calling fees to access their 24/7 customer service?

I purchased a ticket with an international airline. I am based in the U.S and the airline is based in China. The airline has a 24 hour free cancelation policy. Their U.S customer service hotline is only open M-F. However, they have a 24/7 Chinese number hotline. Since I purchased my ticket on a... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 26, 2019

I'm not certain what consumer protections California law would provide here, and that's something a California attorney could advise you on in the best manner. But your question remains open for three weeks. If you pursued the matter in court, the legal fees and/or your time could exceed... Read more »

2 Answers | Asked in Criminal Law and International Law for California on
Q: Vacations in California

Hello everyone! I was on vacation in California and I have some doubts regarding some events that happened during my stay related to drugs (marihuana). I would like to receive professional advice while finding a lawyer. As for the advice, I do not care if it is by Skype or by other telematic way... Read more »

Gary Kollin
Gary Kollin answered on Aug 19, 2019

You will need to contact lawyers directly and indivdually

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3 Answers | Asked in Consumer Law, Criminal Law and International Law for California on
Q: Can I get arrested for being drunk, although not being disruptive in any way, at the passport control?

I will be traveling from Frankfurt to CA, USA. I will be drinking on that airplane because it’s legal since I’m 17 and am within the drinking age of Frankfurt, Germany. Thus, if I drink legally, there is no way for the US border control to arrest me, correct? And they have no right to force me... Read more »

Wais Azami
Wais Azami answered on Aug 2, 2019

Too many questions at once and I'll have even more questions in order to answer it properly. Can't do it here. This site is not safe and can be read by police. Call my office instead.

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1 Answer | Asked in International Law, Admiralty / Maritime and Tax Law for California on
Q: Can duties & tariff be added 5-months after the shipment arrived at US port and merchandise sold.
Thomas A. Grossman
Thomas A. Grossman answered on Apr 24, 2019

I assume there was a shipping receipt or written contract somewhere in this transaction. Reading the contract may answer your question. Transfer of title is a very complicated subject. I would seek help from a Maritime attorney in your area.

1 Answer | Asked in International Law and Admiralty / Maritime for California on
Q: Where can I find a map of international waters of Asia that is acceptable to the IRS or courts?

For expatriate crew members working in an airplane or ship in a Foreign Country, part of the income made there can be counted as an exclusion for the Foreign Earned Income Exclusion (FEIE). However, when a crew member is performing their services over international waters, all the income made there... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 9, 2019

You could contact the National Oceanic and Atmospheric Administration to inquire if they know who performs the equivalent of their services in Asian countries. The charts I use identify the National Ocean Service Coast Survey as a reference (with additional inputs from the Army Corps of Engineers... Read more »

1 Answer | Asked in Contracts, Criminal Law and International Law for California on
Q: Wired upfront for logo services from German designer who never performed. Isn't this intl wire fraud or something?

Turns out this person has a history of doing the same to other small businesses and start ups in the U.S. and London. What recourse do I have and what laws have been violated I can pursue?

Dale S. Gribow
Dale S. Gribow answered on Jan 9, 2019

need more info

police will probably say it is civil.........but if you can show an ongoing course of action to defraud others, then maybe they will assist.

you can always sue in small claims in callf for up to $10k

1 Answer | Asked in Criminal Law, DUI / DWI, Immigration Law and International Law for California on
Q: I've been refused a J1visa twice due to a DUI for ommitting the arrest on the application, how can I be able to use esta

Currently a masters student in France, I was supposed to go on an exchange program with a J1visa in 2019. I have previously travelled to the US several times. The last time, in 2016, I unfortunately got a DUI. I have since gotten a lawyer and took care of it. This year, 2018, i did not mention my... Read more »

Allen C. Ladd
Allen C. Ladd answered on Jan 4, 2019

You will not be able to travel to the USA with a DUI arrest (even without conviction) within the past 5 years, because you are a public danger. You will need to get clearance from a "panel physician" who is on contract with the US consulate in France. Go to the consulate's website,... Read more »

1 Answer | Asked in Immigration Law, Communications Law and International Law for California on
Q: What laws apply in terms of the recording of phone calls placed between the United States and Canada?

I'm currently in Canada (Québec) on a long-term visitor's permit; I've been here for 6 months and I'll be here for at least another 3. I do not hold a work or study visa, and I have no resident status, but I do hold a lease. I'm a US citizen and my prior and long-time... Read more »

Allen C. Ladd
Allen C. Ladd answered on Jan 4, 2019

This is not a US immigration law question, either.

2 Answers | Asked in Immigration Law and International Law for California on
Q: I need to know who to contact to figure out why I was stopped at the Canada border and what I need to do to clear it up.

About 5 years ago I was about 18/19 years old. Some friends and I tried to go to Canada for a day. I forgot my passport. Fast forward to last summer I tried to go into Canada and was told I wasn't able to go through. But that is about all the info I was given. I was just surprised with a... Read more »

Richard Sternberg
Richard Sternberg answered on Oct 15, 2018

It sounds like a Canadian issue, not a U.S. issue, and it sounds like you did something bad after you realized that you forgot your passport, and you were permanently excluded by Canadian authorities. You might start with a Canadian immigration lawyer, and they don't hang out at Justia unless... Read more »

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1 Answer | Asked in International Law and Immigration Law for California on
Q: I am an international student with F1 visa, but I got a call from acting Agency for representation. What should I do?

I really want to work, but I am scared that is going to be illegal because I have no working visa.

Carl Shusterman
Carl Shusterman answered on May 7, 2018

Jobs outside of your school are only available to international students who have completed one full academic year and who have a qualifying economic hardship or an emergent circumstance.

According to the DHS, a qualifying economic hardship entails "new, unexpected circumstances beyond...
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2 Answers | Asked in Divorce, Immigration Law and International Law for California on
Q: What should I do when I want a divorce to a marriage that took place overseas

I am a U.S citizen. I married a Man overseas (Iraq to be specific and he is still overseas). I am back in America and our marriage did not work out and I want a divorce. How would that work and what should I do whether he might decline or accept the divorce. Would it also show that I'm... Read more »

Richard Sternberg
Richard Sternberg answered on May 6, 2018

You may file for divorce in the state in which you reside once you meet the criteria for divorce in that state. Obtaining jurisdiction over your husband in order to resolve property or custody and support issues is a more complex matter. Consult with a family law practitioner in California. You... Read more »

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