Tag Cloud
Friday, June 14, 2013 members of the LGBT community, politicians, uniformed military personnel and straight allies gathered to honor members of the United State Military at the Antiquite Mansion Privee in Midtown Sacramento for Courage to Stand, The Official Gala of 29th Sacramento Gay Pride Weekend. The evening featured the Sacramento Valley Veterans Color Guard, which is a Gay Veterans club in Sacramento Gay Men's Chorus whose rendition of the Star Spangled Banner brought the crown to their feet with a thunderous applause. Also on hand was keynote speaker, Retired Navy Officer and LGBT Activist Zoe Dunning of San Francisco. Dunning recounted what it was like to have the debate for DA
Q. About six months ago, my neighbors bought four chickens and built a coop in their backyard. I didn’t really have a problem with it at first, but lately I’ve been finding the hens in my backyard and they leave a big mess. Also, I’m about to put my house on the market and I’m sure that this situation will not look good to many potential buyers. Is there anything I can do to get rid of the chickens? Or to at least force my neighbor to keep them locked in their coop? I’ve tried asking a few times, but without success. - Dan A. Despite the quaint rural vibe it connotes (not to mention the appeal of daily fresh eggs), keeping chickens in your backyard can leave the neighbors less than thril
Local LGBT-produced internet radio show (or “podcast”) The Instant Gratification Podcast has been selected to participate in the 5th anniversary live broadcast of “Pride 48,” a 48-hour broadcast of LGBT-produced and LGBT-friendly podcasts celebrating Pride Month. Starting on the evening of Friday June 14th and running through Sunday June 16th, an assortment of shows will be hosting special live internet broadcasts. Topics of selected shows include comedy, political talk, pop culture, music, and more. The Instant Gratification Podcast has also been invited to participate in a similar Pride 48 live broadcasting event hosted at The Excalibur in Las Vegas, NV during the first weekend of Septe
2013 marks 29 years that Sacramento has celebrated Gay Pride Month. Pride celebrations are held worldwide each and every June. Sacramento Pride(http://www.sacramentopride.org) festivities will be happening on the Capital Mall on Saturday, June 15, 2013 at 11am and ending at 5pm. However, there will be a Pride Gala, Courage to Stand, on Friday, June 14 celebrating LGBT armed service members, both active and veteran. Now in its second year, the Courage to Stand Gala serves as the official kickoff event to Sacramento’s Gay Pride Weekend. As last year’s event was inspired by the repeal of “Don’t Ask Don’t Tell”, this year’s event will honor those that now serve openly with pride and will cel
Q- I found out I was adopted 21 years ago, and now that both of my adoptive parents are dead I want to look at the adoption records. Where can I find information about this and is it even possible? Sue A-I’m sorry to hear about your parents and it is understandable that you would want to learn about your family history. In California, the state registrar’s sealed birth record of an adopted person may be opened for inspection only on order of the superior court. You would need to file a verified petition with the superior court in the county where the adopted person resides or in the county where the adoption was decreed. According to California Health and Safety Code §102705, you would n
Q: My girlfriend and I recently broke up and she has yet been unwilling to negotiate a shared custody agreement over our dog. I would like to start civil proceedings to ensure that I retain custody of the dog should she not become more agreeable to a reasonable compromise. Can you tell me what paperwork I need to complete and submit to file the case? Thanks! Ben A: Although most pet owners consider their dog a member of the family, under California law, pets are considered personal property, no different than a TV or dining room set. The court may make a determination as to the ownership of the property, but cannot get involved in setting up any sort of custody or visitation order for y
So, you won your lawsuit. Congratulations! Now for the hard part: collecting your money. You should start by asking the defendant to write you a check, but if they won't (or can't), all is not necessarily lost. There are several ways to collect. If the defendant has a job, one good way is to garnish their wages. By filling out some forms and taking a few steps, you may be able to collect up to 25% of their earnings above minimum wage each pay period, until you are paid in full. For detailed instructions on this process, read our Step-by-Step guide, "Wage Garnishment: Collect Your Judgment from the Debtor's Paycheck," at http://www.saclaw.org/pages/wage-garnishment.aspx. Requesting a Wa
Q. Dear Law Librarian, I am starting a new business. I hired a graphic artist and now have a really awesome logo. I have gotten my business license and registered as an LLC with the Secretary of State. How can I protect my logo? What’s the difference between a trade name and a trademark? Dana A. You are right this is a confusing area of the law especially for new businesses. Trade Names Trade names are just the name of the business entity used in identifying a business and generally used by the company for billing, taxes, banking, or other identification purposes. Trademarks Trademarks are marks used in connection with goods or services so that consumers recognize the marks as identif
Q. I filed divorce papers months ago. We don’t have kids. When I served my husband, I found out he doesn’t live at his address any more. It turns out he’s now in jail. I’m not sure what to do next and I don’t have copies of my paperwork any more. How do I finish up my divorce? Anne A. Dear Anne, Unfortunately it sounds like you still have a lot of work to do to get the divorce done. Before you can really get started, you will need to get your husband served. And before you can do that, you will need copies of your paperwork. You can get copies of all the paperwork you have filed by visiting the courthouse where you filed them. In Sacramento, for family law cases, that is the William R.
Q. I am the plaintiff in a motor vehicle personal injury case in Sacramento Superior Court. I went to your wonderful Civil Self-Help Center, which helped me get started with my complaint, and I want to thank you for offering that service! I also attended the Discovery Class on a Thursday, where the staff attorney explained all about the discovery process, and a Discovery Lab the next Thursday, where, again with the help of the staff attorney, I drafted some Interrogatories, and served them on the defendant. The problem now is she won’t answer them. What do I do? Georgette A. Thank you very much for your kind words about the Civil Self-Help Center, Georgette! For those of you that don’t k
Q. I am self-employed and use a cargo van for my business. The van is painted all white and used only by me. Would my van be considered a "commercial vehicle" and am I allowed to legally park in Sacramento County on the street of my house (residential parking)? Thanks for your time! -Deborah A. Since this is a two-part question, let’s start with the first order of business: determining if your van is considered a commercial vehicle. First, check your vehicle’s registration to see whether it’s registered as ‘automobile’ or ‘commercial.’ Depending on the make, model, and features of your van, the DMV may consider it ‘commercial’ regardless of whether you’re using it as a passenger car or
Q- On Saturday I got a bill in the mail from the State Board of Equalization saying I owed 1400.00 in sales tax and late fees from when I bought my brothers truck last year. I thought as brothers, we were exempt from the tax. Do I owe the money now?? Adam A- Thanks for your question. Your answer depends on how old you and your brother were at the time of the transaction. According to the California Vehicle Code §6285, you are not required to pay use tax on the purchase of a vehicle or vessel if it is considered a family transfer. A family transfer is from a parent, grandparent, grandchild, child, spouse, domestic partner, or siblings. However, both siblings need to be minors at the time
Q: My neighbor has been complaining constantly to be about my trees blocking his solar panels. I just received a formal letter from him, saying he’s going to sue me if I don’t cut my trees so they don’t block his solar panels. My trees do not hang over the fence or in any way cross onto his property, so can he really force me to cut them? And can he really sue me? Thanks, Gavin A: It really comes down to one question: what came first, your trees or the solar panels? In 1978, California passed the Solar Shade Control Act (Public Resources Code 25980-25986). California is one of the only states in the country with a law specifically governing this topic. The law was intended to encourag
April is a little known, but important month of observance – National STD (sexually transmitted disease) Awareness Month. The Center for Disease Control is promiting this month of awareness, and has plenty of information on signs and symptoms, places to get screened and more. Every year in the U.S. an estimated 20 million people will contract an STD according to statistics most of them teens under the age of 25. California has some of the highest rates of infection in the country and Sacramento has some of the highest in California with 2,778 reported cases of gonorrhea and chlamydia just in teens between the ages of 15 and 19 in 2009. "Stigma, inconsistent or incorrect condom use, limi
Q. My wife and I became registered domestic partners in 2005. When the California court made same-sex marriage legal in 2008, we got married, too. We are now getting a divorce. Do we need to file two different divorces or can we do it all in one case? Do we even need to officially get divorced since Prop 8 did away with same-sex marriage? A. First of all, you do need to officially get a divorce to end your same-sex marriage. Same-sex marriage became legal in California in June, 2008, after the California Supreme Court ruled that restricting marriage to heterosexual relationships was unconstitutional. (In re Marriage Cases (2008) 43 Cal.4th 757). In November, 2008, the voters passed Propo
Q. I would like to change my daughter’s middle name. She is two months old. I am the only listed parent on her birth certificate and there is no paternity on file anywhere. How do I change her middle name without the other parent’s consent or having to be served, since his whereabouts are unknown and there is no established parentage? Julie A. Unfortunately, in order to change your daughter’s middle name you will have to serve her father, whether or not parentage has been established. Two parents’ signatures must appear on the paperwork to change a minor’s name. If you cannot serve your daughter’s father because you cannot find him, you must submit a declaration to the court, detailing a
Q. I wonder if you could discuss the authority of private security guards or perhaps just give me links to applicable code sections. I realize they can make a citizen’s arrest just like anyone else, but do they have additional powers? And, of course, if they attempt to detain a person, what is their authority in that event? -Jim A. The topic of private security guards is a timely one, because it seems like most stores I visit nowadays employ a security guard, if not several. An interesting fact: in California, security guards outnumber peace officers 4 to 1. Given that it’s a growing industry and one that permeates our everyday lives, it is certainly useful to learn more about the profes
Q: A couple of years ago, I heard about a law being proposed, I think by someone from San Francisco, that would require employers to provide paid sick leave. Since then, though, I haven’t heard anything more about it. How would I find out what happened with that bill? Thanks, Glenn A: It looks like this idea has been presented to the Assembly twice in recent years – as AB 1000 in 2009, and AB 400 in 2011. Both bills were presented by former Assembly Member Fiona Ma (D- San Francisco). These bills required employers to provide one hour of paid sick leave for every 30 hours worked, to be used for the diagnosis, care, or treatment of health conditions of the employee or an employee’s family
College students from across the state have descended on Sacramento today for a protest again cuts in higher education. About 5,000 students are expected to rally on the west side of the Capitol Mall, near the traffic circle, from 11 a.m. to 3 p.m. according to the event permit. We'll be live blogging with photos, videos, audio interviews and whatever else we can muster. If you're at the protest today, or just have something to say on the issue, join the conversation by clicking on the "Comment Now" link below. Editor’s note: The “News Digest” goes out every Tuesday morning and highlights our best stories, photos and videos from the week prior. Sign me up.
Q. Hi Law Librarian, I have neighbors (husband and wife) that walk a large mix breed dog without a leash in the alley in back of our homes. This alley consists of back yard fences and garages. Unfortunately, this dog and my small pug, Honey Boo Boo, hate each other. The dog when passing my yard throws his whole body against the fence barking and growling which then sets off Honey Boo Boo to do the same. I run into the yard and get my dog away from the fence. I have asked my neighbors when this behavior is happening to control their dog either by voice or with a leash and they said they would but it continues. Last week their dog broke three boards and got his head through the fence. I am