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The California Comprehensive Computer Data Access and Fraud Act is in §502 of the California Penal Code. According to the State Administrative Manual of California, the Act affords protection to individuals, businesses, and governmental agencies from tampering, interference, damage, and unauthorized access to lawfully created computer data and ...
There is not much that can be done to remove or conceal a driving under the influence record, but in the state of California, it can be expunged. California Penal Code 1203.4 [15] allows most types of convictions may be expunged. To qualify, the person must have completed probation, satisfied all financial obligations, not currently be facing ...
The Penal Code enacted by the California State Legislature in February 1872 was derived from a penal code proposed by the New York code commission in 1865 which is frequently called the Field Penal Code after the most prominent of the code commissioners, David Dudley Field II (who did draft the commission's other proposed codes). [1]
California has several post-conviction remedies that are sometimes called expungement. [11] For misdemeanor and felony crimes (not involving a sentence in state prison), a petition for expungement is filed in the court of conviction, seeking to have the conviction dismissed pursuant to Penal Code section 1203.4.
Small business owners face severe penalties if they don't report to the federal government by year's end. Thousands of businesses may not realize they are subject to a new reporting process ...
The strong New York influence on early California law started with the California Practice Act of 1851 (drafted with the help of Stephen Field), which was directly based upon the New York Code of Civil Procedure of 1850 (the Field Code). In turn, it was the California Practice Act that served as the foundation of the California Code of Civil ...
Similarly, fraud may serve as a basis for a court to invoke its equitable jurisdiction. The remedies for fraud may include rescission (i.e., reversal) of a fraudulently obtained agreement or transaction, the recovery of a monetary award to compensate for the harm caused, punitive damages to punish or deter the misconduct, and possibly others. [6]
The People of the State of California v. Superior Court (Romero), 13 CAL. 4TH 497, 917 P.2D 628 (Cal. 1996), was a landmark case in the state of California that gave California Superior Court judges the ability to dismiss a criminal defendant's "strike prior" pursuant to the California Three-strikes law, thereby avoiding a 25-to-life minimum sentence.