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

Robert Philip Cogan
Robert Philip Cogan 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... Read 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... Read 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.

2 Answers | Asked in Identity Theft, Intellectual Property and Internet Law for California on
Q: Hello, since when are "security agents" danish welfare recipients in Mexico. Those people are stalkers and thiefs.

*Since when are they danish welfare recipients?

There has been defamation surrounding my nationality status. It appears to be that what I did under a danish nationality has been transferred to other people due to claims of it being false, which is a lie, as I even hold father's... Read more »

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

more info needed.

i don't understand what you are asking and suspect my brethren won't either.

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1 Answer | Asked in Internet Law, Libel & Slander and Criminal Law for California on
Q: One of my social media followers has been harassing me for 3+ years and I don't talk to her. How can I get her to stop?

She has been "stalking" me for 4-5 years. She follows all my business/social media activity and anytime I do something, she spams negative reviews, makes defamatory comments about me, has messaged 50+ of my friends/colleagues speaking poorly of me. This is hurting my business because... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Jan 14, 2021

You can get a civil restraining order. You can sue her as well. You have a very tough row to hoe.

1 Answer | Asked in Criminal Law, Federal Crimes and Internet Law for California on
Q: question about finding help for friend in California

So I have a friend whom met someone on an app he pretended to be female, once he learned her name and city he found where she lived and went to her home and threatened her and her son, she did what she could to keep them both safe then once she felt she was safe as was her son she reported him to... Read more »

David Michael Lehr
David Michael Lehr answered on Nov 21, 2020

Booking can take hours. She is where the "crimes" occurred. Call a local attorney.

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Internet Law for California on
Q: Is there any way to stop my son's autopsy report from being public record (CPRA) if we are in safe at home program?

I have recently been informed of an organization who has drastically digging for details and information surrounding my son's death. My son passed in a horrific and tragic accident in May, he was just 5 months old. These people have shared his story and details of the incident and I cannot... Read more »

Louis George Fazzi
Louis George Fazzi answered on Nov 5, 2020

You should contact a good privacy rights lawyer right away. No parent should have to endure the further indignity of unwanted scrutiny regarding the death of such a young child. In Los Angeles you should be able to find a top notch lawyer who knows how handle such situations. You can go to the Los... Read more »

1 Answer | Asked in Internet Law and Identity Theft for California on
Q: Someone accusing me harassing them by sending text messages but i did not do it. Please advise.

They are using my cell phone number.

Maurice Mandel II
Maurice Mandel II answered on Sep 23, 2020

You need to find an expert in Cell Phone Technology like the guys on Catfish, who can show that someone cloned your phone and is sending messages pretending to be you from the clone. People masquerade as others all the time. It has been an email problem for about 15 years.

Justia...
Read more »

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 »

2 Answers | Asked in Consumer Law and Internet Law for California on
Q: What are my rights if I ordered an item from an online retailer and received a more expensive item instead?

They discovered their error, asked for it back, and are now invoicing me for the difference.

It appears to fall under the "unordered merchandise" clause on the FTC website but want to clarify as technically I did order a different item and was sent something more expensive in... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Aug 5, 2020

One need not be an attorney to know the answer to this.

You ordered an item and you are entitled to that order and they are entitled to payment.

They sent you the wrong order. you either pay for it and keep it or you send it back and get a refund.

You are not entitled to...
Read more »

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1 Answer | Asked in Consumer Law, Contracts, Intellectual Property and Internet Law for California on
Q: I'm curious if I have any legal options to reclaim my deleted podcast from Spotify/Anchor or hold them accountable?

The company deleted my show with no explanation and I no longer have access to the platform to recover my content and redirect my show. I'm wondering what can be done here?

Joshua D. Brysk
Joshua D. Brysk answered on Aug 4, 2020

The first step is to determine the reason for the deletions. There is a factual question to answer. Did they identify a breach of the terms of use? Are they correct? Was it simply an accidental deletion? Is the content recoverable by them, or is it simply lost? Contact their customer service and... Read more »

2 Answers | Asked in Civil Litigation, Civil Rights, Constitutional Law and Internet Law for California on
Q: Looking for any laws passed on September of 2002? Where do I search?
Louis George Fazzi
Louis George Fazzi answered on Jun 24, 2020

You can start your search on the State of California Legislative Information website here:

http://leginfo.legislature.ca.gov/faces/home.xhtml

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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...
Read more »

1 Answer | Asked in Consumer Law and Internet Law for California on
Q: How would I qualify to receive $5,000? I am a avid user of Google chrome and have used it in incognito mode often
Adam Savett
Adam Savett answered on Jun 8, 2020

This is a brand new case that was just filed last week.

There is no settlement, no judgement, nothing to claim at this point.

Class action cases take time, often 2-5 years from the time they are filed until they are resolved.

And there is no guarantee that the case will be...
Read more »

1 Answer | Asked in Consumer Law, Civil Rights and Internet Law for California on
Q: User data

I own a .com cosmetics website where users leave their personal information including age range, skin tone and skin concerns (acne, eczema etc) and they have an option to show or hide this information on their public profile. Giving them an option to hide this information is enough not to violate... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 30, 2020

So, for me, IF I were thinking about this I'd do two things:

1- I'd "google it" as that info is "out there" almost assuredly;

2- I'd HIRE an attorney to handle, as it should be no more than an hour or two of work

and if the attorney messed...
Read more »

3 Answers | Asked in Car Accidents, Personal Injury and Internet Law for California on
Q: My aunt was hit by a car and someone posted a video of of her on Snapchat without her consent. Is this illegal in CA?

She was passed out on the ground with life threatening injuries. Can this person be sued for posting this video? Or what legal action can be taken?

Dale S. Gribow
Dale S. Gribow answered on Apr 18, 2020

more info needed

was it posted with a comment like looking for ID of driver etc

were pix gruesome?

if aunt was injured ask he accident lawyer who will have all the facts and might consider another charge from the same incident

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1 Answer | Asked in Criminal Law, Internet Law and Sexual Harassment for California on
Q: I was on Snapchat and saw a picture of someone I followed. She posted a bikini picture of herself asking if she was thic

I replied with a thumbs up. After realizing what I did, I look up the person and found she is 17 years old. I’m 25 years old. I’m in California and she’s in Florida. Within 5-7 minutes I deleted the message, not sure if it worked, and then blocked her. Have I broken any federal laws or state laws?

Dale S. Gribow
Dale S. Gribow answered on Apr 15, 2020

nothing should happen from this............based on limited info given

2 Answers | Asked in Copyright, Gov & Administrative Law, Intellectual Property and Internet Law for California on
Q: Does my employer have rights to the teaching materials I have prepared at home on my own computer and on my own time?

I am an adjunct lecturer at a university in California. My employment status is part time and varies from quarter to quarter. I have evidence that all my teaching materials including lectures, power point slides, quizzes, exams, etc. are readily available for download from a University server.

Tania Maria Williams
Tania Maria Williams answered on Mar 25, 2020

Unfortunately, they might because the materials were created during the scope and course of employment for the purpose why you were hired. You may want to check your employment agreement if you have one because ther usually is a clause regarding the ownership of intellectual property.

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