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Cashing Out Gift Cards in California

Cashing Out Gift Cards in California

I was on a road trip recently through the Central Valley of California and stopped in at a Jack In the Box. I forgot where I was heading, but I’m fairly certain it was early morning because I remember ordering a most excellent breakfast burrito along with an absolutely terrible cup of coffee. Burritos and coffee aside, though, I cam across this sign while waiting for my order. Because I’m me, I snapped a photo of it to aid in discussing it with all of you. The California law the sign is citing to is the CA Civil Code and it’s specifically section 1749.5(b)(2) which states that, as of January 1, 2008 ” Notwithstanding paragraph (1), any gift certificate with a cash value of less than ten dollars ($10) is redeemable in cash for its cash value.”   Paragraph (1) of CA Civil Code section 1749.5(b) further states that ” Any gift certificate sold after January 1, 1997, is redeemable in cash for its cash value, or subject to replacement with a new gift certificate at no cost to the purchaser or holder.“ CA Civil Code section 1749.45(a) defines “gift certificate” to include gift cards as, I believe, most people would normally interpret the term (i.e. a card issued by and usable at a single merchant or retailer). However, section 1749.45(a)‘s definition of “gift certificate” excludes those gift cards “usable with multiple sellers of goods or services” provided that any applicable expiration date is printed on the card. I very rarely use gift cards, but I don’t think I’ve ever seen a single gift card that can be used at multiple stores before. If you have, leave a comment as I always enjoy learning new things. Section...
California Protections for Employees on Jury Duty

California Protections for Employees on Jury Duty

If you live in California and you’re a US citizen, having to serve on a jury is a fact of life. Sooner or later, you’ll have to do it. Technically, registering to vote doesn’t increase your chance of getting called for jury duty. However, the last 2 times I’ve been called for jury duty have — by pure coincidence, I’m sure — been right after I moved to a different county and updated my voter registration. This post is going to go over some of the applicable law in California when it comes to serving on a state jury (e.g. in Superior Court in California). The post will go over some of my own experience serving on a state jury. I have not yet served on a federal jury before so I’m not going to cover that. Jurors in California state court do get paid for their time when they serve, but it’s a paltry $15.00 per day (see CA Code of Civil Procedure section 215(a)) and it only begins on the second day that they serve. This $15 rate hasn’t changed since 2004. In addition to the pay, jurors are also reimbursed for the miles they drive to and from the courthouse, but that’s only at 34 cents per mile starting on the second day (see CA Code of Civil Procedure section 215(c)). To compare, the IRS reimbursement rate for miles driven was 54.5 cents for 2018. The $15 per day pay poses an obvious problem to two categories of jurors: (1) those living paycheck-to-paycheck, and (2) those who aren’t living paycheck-to-paycheck, but nonetheless still can’t afford to...