Showing articles 1 - 20 of 148 tagged as "california"

Ask the County Law Librarian -- Law Library Closing for Move; Re-opening March 1

Q. What’s going on at the Law Library? There is yellow caution tape across the stairs to the second floor, which is closed to the public, and there’s a whole lot of banging and clanging going on up there! Ted D. A. Sorry about the noise and disruption, Ted! We’re doing our best to keep it quiet, but the sound you hear coming from the second floor is the result of having workers dismantle our rather large shelving units--we’re preparing for our move to a new facility about two blocks on the other side of the courthouse. The Law Library and Civil Self-Help Center will be closed starting at noon on Friday February 10. We expect to open in our new location at 609 9th Street (corner of 9th &

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Everyday Law: New Bullying Laws in California

Bullying has been in the news a lot lately, particularly when something tragic happens to the child being tormented. Students, parents, and educators are wondering what laws are available to help prevent bullying and what can be done to stop it. A bully is defined as “a blustering, quarrelsome, overbearing person who habitually badgers and intimidates smaller or weaker people”. California already has several laws in place to protect children from being bullied, including the California Safe Place to Learn Act located in the California Education Code §234(b) which ensures “local educational agencies continue to work to reduce discrimination, harassment, violence, intimidation, and bullying

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Its still warm enough to enjoy Folsom lake

I had a picnic at Folsom Lake on Sunday. Who would believe we’re still having sunny days to enjoy our beautiful lake. We walked in at the levee entrance at Sophia Parkway and GreenValley Road in El Dorado Hills and found we weren’t the only ones with the same idea. Boaters, families, individuals with dogs, Whipperwils, Seagulls, Geese and a lone Loon populated the lake. Hikers, Cyclists, Equestrians, and nature enthusiasts alike enjoy the many trails. One of the popular trails leads to Brown’s Ravine in Folsom Lake State Recreation Area that is home to the Folsom Lake Yacht Club and Folsom lake Marina, also located on Green Valley Road in El Dorado Hills. Although only the brave would g

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When things fall apart

Every morning 1,800 employees enter the California State Board of Equalization Building.   Past the sliding glass doors, security, then up the elevators to get to work.  Most never notice the 2 by 5 signs taped to the glass doorways upfront.   Warning: Chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm, may be found in the facility.  California Health and Safety Code Section 25249.6 Though it's not only harmful chemicals, that has plagued the safety of the buiding in the past. Two weeks ago, on January 11, pieces of broken glass fell eight stories to the sidewalk on 5th and N Street. The sidewalk is still blocked with caution tape and

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Ask the County Law Librarian-Personal Service of Court Papers

Q. I want to sue my tenant for property damage in small claims court. He left no forwarding address, and has abandoned his tenancy. He has no job. He gets his money from alimony and child support. However, I know that he picks up his kids from the school. Can I use my adult son to personally hand deliver a summons to him when he is with his kids at school? What are the rules? -Myrna A. There are requirements to ensure proper service of process, but first you may want to try discovering your ex-tenant’s address; it may be easier than you think. The Sacramento County Public Law Library(SCPLL) has created a guide on Finding People and Businesses, detailing some common ways in which people (

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A look at historic Old Florin Town

Only 10 miles from downtown is an area used to be known as the strawberry capital of the world: the Old Florin Town District, according to its locals. The ongoing revitalization efforts in the area shows acknowledgment of its historic past. “The goal is to make Old Florin Town a destination,” Sacramento County Department Transportation Senior Land Architect James Schubert said. According to the "Sacramento County Florin Vision Plan" in 2002, the county and the Sacramento Housing and Redevelopment Agency (SHRA) started revitalization efforts in the district. Since then, two district gateway landmarks were installed: one on Florin Road and Florin-Perkins Road and another on Florin Road a

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Ask the County Law Librarian - Recovering Money for Property Damage by Tenant

Q: In July 2011, I contracted a new driveway for my home. The cost was $3300. I paid extra for cement coloring. My tenant parked his car on the new driveway and caused permanent stains on both sides of the driveway due to leaks from his vehicle. In October 2011, he tried cleaning it but was not successful. He gave me a hand written note giving up on cleaning the stains. In November 2011, I hired a professional to clean the stains and not all of the stains were removed. He refuses to pay for the damage on the driveway or claim fault for his negligence. This incident has caused a disharmony between us. He knew his vehicle needed repair but was too lazy and stingy to repair his car. We have a

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Ask the County Law Librarian - Court-Appointed Attorneys in Civil Cases

Q. I accidentally bumped into the back of a car at a stop sign--I barely even tapped the bumper, I took a picture and you can hardly even see the tiny dent--but now this jerk is suing me for "soft tissue neck trauma," aka whiplash. He is asking for $100,000 for pain and suffering!!! I was laid off about a year ago, before the accident, and still can’t afford car insurance, much less an attorney, even if I could find one who would take my case—I looked and looked! What are people in my situation supposed to do? I did nothing wrong, I could lose everything, and no one will help me! Why won’t the Court appoint a lawyer to defend me? - Sandeep A: We’re all very familiar with the phrase "If yo

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Bikers rally at the Capitol

  Two bills were on bikers’ minds Monday as they rallied at the Capitol. Hundreds of California motorcyclists, drivers and passengers, showed up for the yearly motorcycle rally sponsored by the American Brotherhood Aimed Towards Education (ABATE) Monday morning. They gathered on the Capitol building’s south-side in support of two bills that would change the state’s helmet law and throw out the motorcycle-only checkpoints. Legislators were scheduled to vote Monday afternoon after rally.  For results, CLICK HERE>>>

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Ask the County Law Librarian – Providing For Pets In The Event of Death or Incapacity

Q. I am trying to get my affairs in order and I am concerned about what will happen to my three dogs should I die or become incapacitated. Can I leave money in a will or trust for my dog's care? Suzy A. You cannot leave money or other kinds of property directly to your dogs because the law says that animals are property. I know most people that have pets consider them to be family members, but the law sees it differently, therefore your pets cannot be a beneficiary in a will. There are a number of things you can do to make sure your pets are provided for when you can no longer care for them. You can choose a new owner for your dogs and make it a legally binding decision by including it

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Sacramento: Is there an app for that?

I downloaded five Sacramento-specific mobile apps to review to find out if there is truth to the famous slogan "There's an app for that." I had a mixed bag of results, with some useful and some novelty. Midtown Sacramento Price: Free The app encourages its users to explore Midtown, helping them find parking, taxi service, restaurants, boutiques and other needs. It also keeps users up to date with neighborhood events, sales and friends' updates and tweets through an in-app tab for Twitter and Facebook. Upon opening the app, I was pleased by the clean outline showing 12 different icons representing the different options to choose from: events, eats and drinks, entertainment, galleries, h

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Ask the County Law Librarian – Recording Telephone Calls

Q. My ex won’t pay her child support. Whenever we go to court, she claims she has no income, but she has boasted to me before that she is making money under the table and I’ll never get any of it. I bet I can get her to admit it again. Is it legal to record a phone call? Chris A. Don’t do it! It is illegal to record a phone call, or any private conversation, in California unless both parties know that the conversation is being recorded. You might also be sued for “intrusion.” Even if this doesn’t scare you, the tape would be worthless: it cannot be used as evidence in a court case, except your criminal trial. Under California Penal Code 632(a),  recording or eavesdropping on a confident

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Sacramento Santas of Christmas past

Every holiday season, Sacramentans enjoy their presence in malls, churches, parties and other venues as they sit on their chairs and take pictures with kids eager to tell their Christmas wishes – they are the many faces of Santa and Mrs. Claus. One of these Santa Clauses is Stefan Michael Philpott, 53, a painting contractor who lives in Yuba City. He has played the role during the holiday for three years. He worked as a Santa at a local Walgreens in his neighborhood in Yuba City and also for the Midtown Business Association at the MARRS building. For Philpott, he said he tries to prepare himself for the questions kids might ask him about Santa. Philpott said that kids have asked him,

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How Registered Sex Offenders can Challenge “Jessica’s Law” Residency Restrictions

Q. My brother is going to get out of jail soon, and we were planning on him moving in with me, but his parole officer told him he couldn’t because he has to register as a sex offender and I live too close to an elementary school, which is against “Megan’s Law” or “Jessica’s Law” or something like that. Isn’t there anything we can do? I’m afraid if he doesn’t live with me he will be homeless. Jerri A. California’s Megan’s Law requires anyone convicted of a wide range of crimes, including forcible sex crimes involving non-consenting adults and most sex crimes involving children, prostitution, and child pornography, to register as a sex offender upon release on parole or probation or discha

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Ask the County Law Librarian - Traffic Tickets for Out-of-State Residents

Q: I’m not a California resident, but while driving home to Oregon last week I received a speeding ticket in California, more than ten hours away from where I live. If I want to contest it, do I have to drive all the way back to the county where I received the ticket? Brett A: First of all, kudos for being proactive about an out-of-state traffic violation. Many people under the same circumstance will simply ignore the citations in hopes that they won’t "follow" them back to their respective resident states. In fact, there are a few different databases that monitor driving records and violations across participating states, and there’s a good chance your state of residence belongs to at l

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Ask the County Law Librarian -- Small Claims Defendant Can Postpone Trial for "Good Cause"

Q. I am involved in a Sac small claims action that continues to be postponed by the Defendant. I'm trying to get the matter over with. So now I'm wondering: what does "Form SC-105, SC Order and Answer do? Is it a way to expedite a case or ask a judge to review my evidence and rule in advance? The small claims advisors don't return calls and don't answer their phone. Any assistance would be appreciated. Thank you Carol A. I understand your frustration in wanting to resolve your matter as quickly as possible! Form SC-105 is a generic motion form. It is used to ask the court to make a decision about a specific issue in your case, such as amending a judgment to include other names the defen

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Ask the County Law Librarian - Credit Card Surcharges

Q: I stopped at a new convenience store near my house on my way home the other night, and when I went to pay for my purchases I noticed they had a note taped over the debit/credit card machine that said I would be charged an extra 75 cents if I paid with a debit or credit card, unless the total purchase was $10 or more. Well, I had no choice since it’s the end of the month, so I used my credit card and paid the extra 75 cents, but I was steamed! Is this legal?  -- Cody A: Credit and debit cards are a convenient option for many consumers. However, they can be very expensive for merchants, who must pay the issuing bank a fee every time they swipe a card. These fees vary, based on the issui

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Amtrak now offers free Wi-Fi on Capitol Corridor trains

Travelers on Amtrak riding through the Capitol Corridor will now have Wi-Fi access on board the trains – and it’s free. Amtrak launched the new service Monday to coincide with “Cyber Monday,” the busiest Internet holiday shopping day of the year, according to a press release from Amtrak. The Capitol Corridor is an intercity passenger train system that provides rail service along a 170-mile rail corridor to 16 stations in eight counties, including Placer, Sacramento and Yolo. The route extends from Auburn to San Jose, and includes stops in Rocklin, Roseville, Davis, Richmond and Berkeley and other cities. Passengers can connect to the Wi-Fi service onboard the trains through any laptop

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Ask the County Law Librarian: Collecting on a Small Claims Judgment

Q. I am the Judgment Creditor in a small claims case. My judgment was by default. In lieu of a debtor’s examination I am planning to use interrogatories. Is my debtor entitled to a witness fee? Also, is a judgment debtor entitled to witness fees for coming to a debtor’s exam? Thank you, Grant A. Good news! You will not need to pay the debtor any witness fees. After plaintiffs win a judgment, they are on their own trying collect it from the defendants (now called the "debtors"). In order to find out what assets the debtor has, and where they are located, plaintiffs are entitled to do post-judgment discovery, including interrogatories and an in-person debtor's examination. The law author

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Ask the County Law Librarian - When does a minor have to get parental consent for medical care?

Q. I’m currently working on a project for my ethics class. In this project I play the role of a risk manager who provides information to a 15 year old patient asking for medical emancipation. Do you know of any good resources where I can find more information on medical emancipation because I haven't been successful in my research? Thank you so much for your time, I appreciate it very much. Best Regards, Maria In most cases, parental consent is required for a minor’s medical treatment. There are, however, exceptions, known as “medical emancipation” statutes. These statutes, which allow minors to consent to medical treatment without parental knowledge, approval, or consent, fall into two

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