This week’s question comes from Shelia D in South City who asks: “I am really upset about what my uncle recently did. He had, since I was young, promised me that he would give me his Camaro when he got a new car. He got a new car and, instead of giving his old car to me, he gave it to his son who he just made up with after years of hating each other. I feel that the car should be mine. Can I do anything to get the car?”
This week’s question comes from James Q., in Orinda who asks; “I voted for the legalization marijuana in the last election. I want to know about what the rules are? How much can I have? How much can I grow? Can I be fired for smoking pot off the job? I can drink while I’m not on duty. Can I smoke or can they still drug test me and fire me?”
James, Proposition 64, officially known as the Control, Regulate and Tax Adult Use of Marijuana Act, is a complicated set of new regulations. Many people assumed it simply authorized the sale and use of marijuana. While that is true, there is much more to the law only a bit of which I can cover here.
Today, I will address a few questions that I have received by email or have been posted on the Dolan Law Firm’s Facebook page, and tell you about a scholarship program we have launched.
With the Presidential and statewide election set for next Tuesday, I have been asked how does California’s Time Off To Vote Law work.
This week’s question comes from Jane in San Francisco who writes: “I am pestered from 8 a.m. to 9 p.m. by “robocalls” that have no person on the line when I say hello even though I am on the “do not call list”. The numbers they call from are either blocked or not functional when I try to call them back. Help! Is this legal?
Jane, every reader of The Examiner, including myself, feels your frustration. These calls are not legal. Under the Telephone Consumer Protection Act (TCPA) and subsequent federal legislation, including the Do Not Call Implementation Act of 2003, “robocalls” or prerecorded telemarketing messages are illegal unless you have given the company written permission to call you. The prohibition also covers text messages to wireless numbers.
This week’s question comes from Joel F. in Berkeley who asks: “I read your article last week on Apple’s objection to the FBI demanding that they build a back door to the IPhone operating system to bypass the encryption on the phone of the San Bernardino shooter. What rights do I have over my IPhone if a cop demands that I unlock my phone and show it to him?”
Joel, your question is very timely and shows how the interpretation of our constitutional rights to privacy must constantly evolve to keep up with technology.
This week’s question comes from Angie W. in San Francisco. She asks, “I have been reading about Apple’s decision to object to, and refuse to comply with, an FBI request to crack the iPhone which was linked to a shooter in the San Bernardino massacre. How would this affect my privacy as an iPhone owner/user?”
Angie, this question is one which deals with an individual’s rights to privacy.
Kim M from Pacific Heights asks ” I want to get my daughter a gift card for the holiday but I have heard that they have fees and expiration dates that can result in the card losing most or all its value. What is the law regarding these gift cards?”
Kim, gift cards can be good for both the retailer and the receiver.The receiver can take advantage of the after Christmas sales to get more for their money and the retailers get cash up front, without reducing inventory. These cards used to be more of a benefit for retailers but the California Legislature, in combination with certain consumer rights groups, have enacted legislation designed to protect consumers.
Today’s question comes from Jerry K. of the Castro who asks: “Since the Charlie Sheen case has broken the issue of legal responsibility for transmitting a STD like HIV has been on my mind. My former partner gave me herpes. I asked him his status and he said he was “negative and clean” so we stopped using condoms. He never told me and when I found out and confronted him he said that he thought that he was no longer capable of transmitting the disease because he would take medicine when he felt an outbreak coming on. My doctor says this is BS and that the medicine only shortens the length of the outbreak and does not reduce transmission risk. We broke up when I found out a year ago. I’m really pissed as now I am infected for life and I tell anyone with whom I am intimate so they never wind up in the same situation. What is the law on this? Do I have a case? He works for one of the big tech companies and has lots of valuable stock.”
Today’s question comes from Nestor in Hayward who asks “My uncle has end stage cancer and is in pain. He is in hospice right now and has maybe 2 months to live. He doesn’t want to live the rest of his life suffering in pain. I heard that there was a law which was passed that would allow someone to talk to their doctor and get assistance in ending their life. Is this true? “
Nestor, my heart goes out to you and your uncle. I had a woman who was like my mother that died slowly of cancer. She talked about taking control of her death but she couldn’t because it was illegal for her doctor to even discuss “suicide” with her much less help her. As of October 5th, 2015, your uncle has options in taking control of his death as Governor Brown has signed into law ABx-15, the End of Life Option Act.
Our question this week comes from Amy T. in San Mateo.
“I take medical marijuana to help me with my anxiety. I am applying for a new job? I don’t drive a bus, or engage in any hazardous job such as an equipment operator, police officer or fireman. I am a secretary. The employer says that part of the application process is a drug test. They also say that I can be subject to randomized drug tests. Can they refuse to employ me, or fire me, if I have a prescription for medical marijuana and show up positive on a test?