Newest articles on The Sacramento Press tagged as "california"

Ask the County Law Librarian -- Affirmative Defenses to Fraud

2012-02-09T23:01:33Z

Q. What are some affirmative defenses to fraud?

Ayana

For those readers who aren’t familiar with the phrase, an affirmative defense “sets forth facts from which it results that, notwithstanding the truth of the allegations of the complaint, no cause of action existed in the plaintiff at the time the action was brought.” Goddard v. Fulton, 21 Cal. 430, 436 (1863). In plain English, the defendant in a case can present information or evidence that reduces or eliminates his liability, even if the allegations in the complaint are true. Affirmative defenses are the legal reason why, even if everything happened just as described by the plaintiff, the defendant should not be held liable.

There are too many affirmative defenses available to list here. We have a very useful set at the law library that may help you determine appropriate affirmative defenses in your situation called California Affirmative Defenses.

There are some that can be used in almost all case types, and others that are specifically counter allegations of fraud. In order to assert the proper affirmative defenses, you will need to carefully review the complaint and the plaintiff’s allegations.

A common affirmative defense for many types of cases is a violation of the Statute of Limitations, or failure to file an action within a certain period of time after the “wrong” involved was committed. The Statute of Limitations for Fraud is three years. California Code of Civil Procedure § 338(d).

Statute of Limitations questions are always tricky, but particularly so with fraud, because the statute does not start to “accrue,” or start running, until the aggrieved party discovers the facts constituting the fraud. California Code of Civil Procedure § 338(d). You can read more about the statute of limitations for fraud at the Law Library in California Practice Guide: Civil Procedure Before Trial: Statutes of Limitations.

A common affirmative defense for fraud cases is failure to plead a cause of action with specificity. A little explanation of this defense may be helpful. A cause of action for fraud must be pled with “specificity,” meaning that allegations of fraud must be described in a complaint with much more detail than other causes of action. This is to “give defendants notice of the particular misconduct . . . so that they can defend against the charge and not just deny that they have done anything wrong.” Neubronner v. Milken, 6 F.3d 666, 672 (9th Cir. 1993). Each element in a cause of action for fraud must be factually and specifically explained--the “who, what, when, where, and how” of the misconduct must be listed. Vess v. Ciba-Geigy Corp. USA, 317 F.3d 1097, 1106 (9th Cir. 2003).

To determine if the complaint is pled with specificity, you will need to carefully review all allegations, and determine if all elements are adequately described. The elements of fraud are (1) a misrepresentation, concealment, or nondisclosure by the defendant; (2) the defendant’s knowledge of the falsity of the misrepresentation; (3) the defendant’s intent to deceive the plaintiff; (4) justifiable reliance upon the misrepresentation by the plaintiff; and (5) resulting damage to the plaintiff. California Civil Code § 1709. In order to describe the first element, for example, a “plaintiff must set forth what is false or misleading about a statement, and why it is false.” Decker v. GlenFed, Inc , 42 F.3d 1541, 1548 (9th Cir. 1994).

There are further affirmative defenses to fraud, of course, but without knowing more about the specific fraudulent act you are interested in, it is hard to say which would be most relevant to your situation. If you visit the Law Library in person we’d be happy to show you the references mentioned above and more, based upon the facts of your situation.

You should know, however, that we are in the process of moving to a new location and will be closed until on or about March 1. While we’re closed, you can still visit our website at www.saclaw.org for a wealth of information, including sample forms and instructions for navigating a variety of common legal procedures. Our website may be down for a couple of days while we move our computers, but you can “like” us on Facebook or “follow” us on Twitter for the latest details on when that might happen, and exactly when we will re-open. We sincerely hope you will visit us in our new location and that the many amenities of 609 9th Street (including abundant street parking!) will make you think it was worth the wait!

Do you have a question for the County Law Librarian? Just email sacpress@saclaw.org. If your question is selected your answer will appear in next Thursday's column. Even if your question isn't selected, though, I will still respond within two weeks.

Coral Henning, Director
@coralh & @saclawlibrarian
www.saclaw.org

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

2012-02-04T18:04:01Z

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 & “F”) on or about March 1, 2012. Until February 10, if you need any material on our second floor, please don’t hesitate to ask a reference librarian—we’d be happy to run upstairs and get it for you!

While we’re closed, you can still visit our website at www.saclaw.org for a wealth of information, including sample forms and instructions for navigating a variety of common legal procedures. Our website may be down for a couple of days while we move our computers, but you can “like” us on Facebook or “follow” us on Twitter for the latest details on when that might happen, and exactly when we will re-open.

You may also visit the Witkin State Law Library of California or the Yolo County Law Library, which are the two nearest law libraries open to the public in the Sacramento area. The Yolo County Law Library has graciously volunteered to remain open an extra hour, until 5:30 pm, Monday through Friday for the month of February to accommodate our patrons.

Again, we apologize for any disruption in service, but we sincerely hope you will visit us in our new location and that the many amenities of 609 9th Street (including abundant street parking!) will make you think it was worth the wait!

Coral Henning, Director
@coralh & @saclawlibrarian
www.saclaw.org

Everyday Law: New Bullying Laws in California

2012-02-01T22:50:10Z

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”. The current laws will be strengthened by two new laws aimed to further prevent bullying in schools.

Previously, the California Education Code §§ 32261, 32265, 32270, and 48900 defined bullying of pupils to include bullying committed by means of an electronic act, and authorizes school officials to suspend or recommend for expulsion pupils who engage in bullying. Assembly Bill 746 Ch. 72, which took effect January 1, 2012, amended §32261, to include social networking sites. The code now states “bullying, including bullying committed personally or by means of an electronic act, which includes the posting of messages on a social network Internet Website…”. Common Sense Media has developed helpful tips for parents to help combat cyber bullying.

Another new law, Assembly Bill 9 Ch. 723, sometimes referred to as Seth’s Law is set to go into effect July 1, 2012. Seth’s Law strengthens existing policies in California schools by requiring that all schools have an anti-bullying policy and more importantly, the law enacts a timeline that school officials must follow when investigating student claims of bullying.

The California Department of Education has created Frequently Asked Questions, that provide information for educators, students, families, and community safety partners who wish to educate themselves and others about effective measures to prevent bullying and respond to it. They have also created sample policies that your institution can use to implement a no bullying policy.

For more information on this and other “Everyday Law” subjects, visit the Sacramento County Public Law Library, “Providing Free Public Access to Legal Information for over 100 years.”

By Robyn M. Moltzen, Public Services Librarian

Its still warm enough to enjoy Folsom lake

2012-01-31T00:01:49Z

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 go swimming Sunday, the peacefulness of the day drew so many. The water level s low and provided wonderful opportunities to explore what
may typically be hidden such as foundations of old Gold Rush buildings. There is also the hope of catching a hungry fish or just laying back to enjoy the warmth of the sun.

Whatever appeals to you, El Dorado Hills and Folsom Lake can offer Recreation,relaxation and qualify of life. Come to our area and check it out.

courtesy of local Real Estate Broker, Jill Berni, El Dorado Hills, CA

Disclosure: I bought my home in 1981 in El Dorado Hills within walking distance to Folsom Lake. I started selling Real Estate here shortly thereafter because I believe and love this community.

When things fall apart

2012-01-30T09:40:37Z

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 orange cones although the gaping hole between the 8th and 9th floors has been secured with plywood according to the Department of General Services.

Sooner or later the cones and yellow tape will also go away and the employees won't remember a thing. They will go on with their lives, remaining apathetic because, they're just too busy to think about it.

After all, a day without work means no revenue for the State of California. The staff is there to complete the work, not to complain about their environment.

"It's dangerous, really dangerous," exclaimed Phillip Robinson, an IT professional who has worked in the building for more than 8 years. "In the past, they had scaffolding on all four sides. I'm surprised they only blocked off the side where the window fell off."

He glances up at the high rise pointing to where the piece fell off. There were more random pieces that fell down in the afternoon. This prompted the guards not only to close the sidewalk but also the traffic lane adjacent to the building on 5th Street to close.

"We don't know if other debris will fall. There's no guarantee. Watch your head, " a security guard warned.

Tax professionals slaving away at their desk received an email from the union in the afternoon to encourage letters of concern to media.

"No one wants to say anything. Most are afraid to be fired if they did," states Luz Susa who works in the returns support unit. Silence is golden for the golden state.

While it is true. Management does have every intention to move the employees out of the place, they just do not have the funds to do so. The money for relocation would come from the general fund because the owners of the building is the Department of General Services.

With California holding the bag for a $17.5 Bilion deficit, and already cutting jobs and social service programs, there is just no room to renovate the building to code.

Even if civil servants end up with tumors after serving their time, it looks like management will still be at this gridlock.

Historically, the building has had it's string of flaws. People have reported getting trapped in elevators, plumbing breaks leading to floods on the 9th floor, and front glass sliding doors coming loose almost falling on innocent bystanders. Other red flags wave at poor air quality, freezing temperatures that force employees to work with their winter coats on, mold scares, and strange odors that forced entire floors to close.

Still, the managers, tax representatives, and support staff continue to work in hazardous health and safety conditions like it's not any more dangerous working in the BOE building than Fukushima.

Why do they do it? They do so because they have hungry families to feed, because they have no other place to go, and the State of California urgently needs this money. This money that they can't even touch.

The irony is that state workers file in to work with more pressure to collect needed tax dollars so California can be restored to a fully functional budget, not factoring in their own risk in the equation.

After all, is it worth losing a job when your family, sanity, and long term health is really what is at stake?

Maybe we should take the action of the vendor who used to run the cafeteria's example. One day , they just up and left without notice to the Department of General Services.

If it looks dangerous, it probably is.

Run away, really fast. DGS obviously does not care about the people who work in the building. In fact, they're careful to make them stand under more danger while they wait for their lunch to cook.

Disclosure: Author is a civil servant. She also worked in commercial and residential real estate for 7 years prior to joining the state.

Ask the County Law Librarian-Personal Service of Court Papers

2012-01-26T23:36:18Z

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 (and their addresses or phone numbers) can be traced. Also, as a recipient of child and spousal support, your ex-tenant may have had to update his address with the local family law court or child support agency. Most court records, unless expressly sealed, are public record and therefore available for viewing if you have a case number. In Sacramento County, case numbers can be found using the online Case Index, and family law case documents can be retrieved at the William R. Ridgeway Family Relations Courthouse. For other counties, consult the California Courts court directory.

The requirements for personal service of process are addressed in Code of Civil Procedure Sections 413.10-418.11. Although these code sections refer to civil actions at the trial court level, they also apply to small claims actions. SCPLL offers an online video tutorial and guide on personal service of court documents, and the California Courts Self-Help Center offers advice and forms on service of small claims court documents. At the law library, we suggest reading The Registered Process Server’s Guide to Service of Process in California, a very useful book that covers the numerous variables involved in serving court documents.

In the event you are unable to locate the defendant’s address after performing due diligence, you may want to consult previous Ask the County Law Librarian columns on Serving Legal Documents to a P.O. Box and Service by Publication. If you can locate a friend, family member, or coworker that has regular contact with your ex-tenant, you may want to consult the www.courts.ca.gov for information on substituted service.

If you do receive a money judgment and are looking to collect by levying funds from the debtor’s deposit accounts, be aware that some of the money may be exempt from collection, depending on the source of funding. For more information on which types of property may be safe from judgment creditors, see the Sacramento County Public Law Library’s research guide on Exemptions and the book "How to Collect When You Win a Lawsuit", published by Nolo Press.

You can always do some research at the Sacramento County Public Law Library. The law library has print and electronic resources and friendly reference law librarians are available to assist you.

Coral Henning, Director

@coralh & @saclawlibrarian
www.saclaw.org

A look at historic Old Florin Town

2012-01-20T06:34:52Z

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 and Power Inn Road. A windmill is on each site, which is symbolic of the area’s agricultural history.

Schubert added that the windmill is part of the first phase of the project. Phase two is to start by 2013, which includes street widening and beautification. A water tower will also be built near the railroad tracks, Schubert said.

Some of the members in the Florin Historical Society were born and raised in the Florin area, such as 62-year-old Judette Kara Rippetoe, a Florin area resident. Her family owned a general store built in 1943 called Kara’s Drive In, which is now the location of the Vietnamese Catholic Martyrs church. She said she remembers checking out people’s groceries when she was 8 years old.

Buddhist Church of Florin member John Nishida said that, before World War II, there was a big Japanese community in the area. A Sansei, or third-generation Japanese American, his grandparents were residents in the area before World War II.

“The Japanese were famous for strawberries,” Marcie Stamm, member of the Florin Historical Society since 1981, said.

Above is a Florin Sacramento area map from 1942, with names of Japanese families' locations in the area. Old Florin Town was established in 1875.

Here are current photos of Old Florin Town District – its historical infrastructure, newer establishments, residents and its guests.

Here is the link to the photo of the original school and more information on Old Florin Town.

(Above) The Buddhist Church of Florin was established in 1919, and this was the original building the members used.

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

2012-01-20T01:03:41Z

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 written contact that requires his vehicle be maintained if he is to park on the driveway.

He gave his rent termination notice on January 1, 2012 to vacate the premise by January 31, 2012. We have a month to month rent agreement. The living arrangements have been hostile as he says that I have to sue to collect. He has also made the two rooms and bathroom he rented from me unclean, and refuses to clean it. I gave this tenant with his two kids a very clean living arrangements when he moved in on March 1, 2011.

There is also a possibility that he may not vacate my property on January 31, 2012 as I can see the bank notices for his bounced checks he gets in his mail.

How do I make this tenant from hell pay for the property damage? and evict?

Myrna

A: Thank you for your question! It seems you have a couple of issues, let’s tackle the driveway damage first. You didn’t mention if your tenant gave you a security deposit when he moved in. If he did, you may be able to withhold some of it to recover the property damage. California Civil Code §1950.5 primarily governs security deposits; be sure to read each section carefully to be aware of the various requirements for both the landlord and the tenant. Also the California Department of Consumer Affairs has a very good article discussing when a landlord can keep security deposits.

If there was no security deposit left, then Small Claims court is a common venue for disputes over property damages. It has the advantage of being very quick, with cases typically being heard in only a few months, and of being relatively inexpensive. You can sue in Small Claims for up to $10,000, and your damages fall well within this limit. Before filing, you should write a formal demand letter requesting payment for the damages to the driveway, possibly including an estimate for the cost of repairs. You can get help writing your demand later from the California Courts Self-Help Center.

At the law library, we suggest reading Everybody’s Guide to Small Claims Court in California, a very useful book on the small claims process. Every county in California has a Small Claims Advisor that can assist you with your case free of charge. You can find county-specific court information including Small Claims Advisors here: http://www.courts.ca.gov/selfhelp-advisors.htm .

For your second issue, if your tenant becomes a “holdover tenant”, meaning he won’t leave after his notice expires, you will need to formally evict him. A book at the law library that should help with this issue is the California Landlord's Law Book: Evictions , available for purchase at Nolo Press, or to view at our law library, which discusses the process and has sample forms and instructions. You may also want to visit the Unlawful Detainer Advisory Clinic, located in the Carol Miller Justice Center. The clinic assists both landlords and tenants in filling out answers and complaints, preparing cases for trial, and filing post judgment motions.

You can always do some research at the Sacramento County Public Law Library. The law library has print and electronic resources and friendly reference law librarians are available to assist you.

Do you have a question for the County Law Librarian? Just email sacpress@saclaw.org. If your question is selected your answer will appear in next Thursday's column. Even if your question isn't selected, though, I will still respond within two weeks.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

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

2012-01-12T22:49:21Z

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 you are unable to afford a lawyer, one will be appointed for you.” We hear it every time someone is arrested on TV or a movie. Generally, the court will only appoint an attorney to ensure that a defendant’s Sixth Amendment “right to counsel” is met, in situations where the defendant cannot afford to hire an attorney. The Sixth Amendment provides that “in all criminal prosecutions, the accused shall enjoy … the assistance of counsel for his defense.” Originally, this amendment applied only to felony cases, but a series of US Supreme Court decisions have broadened this right to cover nearly all types of criminal cases. However, this amendment is speaking specifically about criminal proceedings, not civil cases.

In California, the court cannot appoint an attorney to represent either party in most civil cases. A recent law, AB 590, does provide for the appointment of counsel in “civil matters involving critical issues affecting basic human needs.” This has been interpreted to mean cases in which shelter, nourishment, safety, or child custody are at stake. The law provides funding for projects run by local legal aid organizations, and services are limited to those who fall at least 200% below federal poverty level. It’s unlikely that your case would meet these criteria. If you are unable to hire an attorney at your own expense, you’ll have to pursue your defense of this case on your own.

If you’re a Sacramento County resident, some assistance may be available to you for this type of case from the Civil Self-Help Center. The CSHC can provide general information and basic assistance to self-represented litigants with certain case types. Common types of cases they can help with include personal injury, property damage, and breach of contract. Keep in mind, though, that their services are “self-help.” This means YOU are in charge of your case. They won’t do everything for you, like an attorney would if you hired one. If you decide to pursue this case on your own with help from the CSHC, you need to be in control of your case, you need to understand and determine your own strategy, and you need to keep on top of deadlines, court dates, and other important milestones. The Law Library has a variety of books and other materials that will help you at each step of your case. The Law Librarians are happy to help you find the books and other resources to help you with your case.

Coral Henning, Director
@coralh & @saclawlibrarian

Bikers rally at the Capitol

2012-01-11T19:42:12Z

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>>>

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

2012-01-05T19:14:51Z

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 in your will. A provision like: "I leave my three dogs Caldonia, Eli and Keeva to my friend Jennifer Lynn. " Obviously, you should talk to Jennifer before including such a clause in your will. Also consider leaving this new owner some money to go toward the costs of caring for your pets.

You can set up a Pet Trust which names someone, a trustee, in charge of managing and spending the property you leave for the benefit of your dogs. The trustee follows a written set of instructions that you provide. One advantage of a trust is that it takes effect before your death. The provisions in a will don't have any legal effect until you die.

For sample will clauses and other related information the New York City Bar Association has an informative website:
http://www.abcny.org/media-aamp-publications/brochuresbooks/556#Introduction

The law library has two books published by Nolo: Nolo's Simple Will Book, and Plan Your Estate both by Denis Clifford which can help on this topic. Also a great resource for all things related to dogs is Every Dog's Legal Guide, A Must-Have Book For Your Owner by Mary Randolph which is also published by Nolo. This website has a number of articles reprinted from Every Dog's Legal Guide: http://doglaw.hugpug.com/doglaw_073.html

When you are drafting your will or trust consider a contribution to rescue groups, humane societies and other non profits. A gift can help many animals. If you need help on the wording or have other questions the organization will be more than happy to provide assistance.

Coral Henning, Director
@coralh & @saclawlibrarian
www.saclaw.org

Sacramento: Is there an app for that?

2012-01-04T05:09:07Z

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, health and beauty, nightlife, shopping, specials, parking, transportation, banks and ATM, and services.

The events feature of the app shows past, current and future events in the Midtown area, with descriptions, photos, ticket prices, contact info, driving directions to the venues, and what I liked the most: the option to integrate an event to the users' calendars.

Have one too many to drink and no one to drive you home? This app lets the users, through its transportation option, easily pick a cab service, complete with addresses and contact information of the companies.

The parking feature of the app shows public parking in the area on a map. It also allows users to get directions to the parking lot through the phone's GPS. This is one of my favorite features of the app, although I would want to see the following improvements: display parking hours, number of parking spots and price information.

I was disappointed that most of the stores featured in the app do not have descriptions other than their addresses and phone numbers. It would be nice to know the different services or unique items the stores have to offer before heading down to visit. Most of them have "Description to come" as their description.

Pros: It's free and has tons of features on everything in Midtown.
Cons: It lacks information on most stores, there’s no Yelp integration with stores or a way to review them.
Bottom line: Get it, it's free! It is very helpful in finding things to do in Midtown to live, play and party.

Ease of use: 5/5
Uniqueness: 4/5
Practicality: 4/5
Interface: 4/5

Ibreathe: Sacramento
Price: Free

Ibreathe displays air quality information for 15 areas and cities in the Greater Sacramento region. Users can toggle from a map to list view of the areas with their corresponding air quality grade for the day's and week’s forecast. Breathe California of Sacramento-Emigrant Trails and the Sacramento Metropolitan Air Quality Management District provide the data for the air quality ratings.

The app shows a map of Sacramento and surrounding areas. The user has an option to view particulates or ozone rating for the 15 areas and cities divided, which are divided in 10 different sections. Each section is represented by a color representing air quality: Green is good, yellow is moderate, orange is unhealthy for sensitive groups, red is unhealthy, purple is very unhealthy, and magenta is hazardous. This information is all included within the app, and it gives a complete description on what each color or warning means.

I find this app to be very useful for people who have asthma or other health conditions where air quality is a concern. It also gives do's and don’ts for people with respiratory problems if they are in an area of unhealthy air quality level.

The feature I like the most is the ability to program the app to send its users notifications if air quality for the areas they have picked reaches a dissatisfactory air quality level.

Pros: In-app information is extensive, from health effects to tips on how to spare the air.
Cons: Lack of in-app ability to tweet or forward advisories to contacts.
Bottom line: Get it. It's free and helps users be aware of the air quality.

Ease of use: 5/5
Uniqueness: 5/5
Practicality: 4/5
Interface: 4/5

Traffic Sacramento
Price: 99 cents

The description of the app says it "displays the traffic cameras provided by the California Department of Transportation." Through this feature, the app aims to shorten commuting time for Sacramentans by allowing them to view traffic for more than 30 freeway and street intersections.

It is true that the app displays the traffic through the cameras. It is just a shame that it is not a live video feed, but a still image of the freeway. The app developers were careful not to indicate this information on their app description, because for most, like myself, it is a dealbreaker between a novelty and a useful app.

The photos displayed are usually a minute or two off current time, with some, such as Interstate 5 at 25th Avenue being delayed by days (The photo showing is time stamped Dec. 18, 2011 as of Tuesday.)

The app also crashed twice in five days of use.

Pros: You have an app that takes pictures of freeways.
Cons: No video feed.
Bottom line: Do not buy unless developers make live video feed available.

Ease of use: 2/5
Uniqueness: 3/5
Practicality: 1/5
Interface: 2/5

Iradar Sacramento
Price: 99 cents

The app provides a map of the Sacramento region with animated radar readings provided by the National Weather Service, similar to what TV news reporters use to tell the weather forecast.

It claims to be an easy way to see the weather on the app description, but I find this untrue. A regular Joe is better off with the built-in weather app provided on most smartphones, which is straightforward in giving the weather forecast for the day and the week.

If you are interested in meteorology, the app does provide graphic and color-coded dBZ or decible measures of reflectivity provided by the radar. The color represents degree of rainfall. What those numbers mean is not included in the app. The users have to Google search them themselves.

The lack of information on how to use the app makes it really frustrating. I even checked the developers’ website for information on how to use the app, but to no avail.

Pros: Great graphic interface.
Cons: No instructions on how to use or interpret readings.
Bottom line: Stick with the built-in weather app on your phone unless you know how to read weather radar.

Ease of use: 2/5
Uniqueness: 4/5
Practicality: 1/5
Interface: 4/5

Transit Guru Sacramento
Price: $1.99

The app provides schedules for the Sacramento Regional Transit District's rail and bus routes, provides an offline map of Sacramento with bus and train information.

The app provides departure and arrival time for the chosen route. I like that it not only tells the users how many stops the bus will make from departure to arrival, but also shows on the map the locations of each stop, the user’s current position and the option to set an alarm for a certain number of minutes before arrival time.

The users can also favorite a route for quicker access. Two offline maps are also provided: a central city map, showing routes within downtown, and a system map showing routes for the rest of the city. These two maps are useful to have just in case a cellular network is not available or for iPod touch users with no data service.

Another great feature of the app is quick access to train advisories by selecting the advisories tab. Unfortunately, there is no automatic notification option for this feature. Users have to manually check for advisories. These advisories can be information on delayed train arrivals, which is always good to know.

The only problem I came about using the app is with its Yelp integration. The feature is supposed to find nearby restaurants, boutiques and other attractions from the user’s current train station. When it works, it’s great, but when it does not, the stores featured can be as far as Massachusetts.

Pros: Offline and online map availability.
Cons: Yelp integration needs work.
Bottom line: For $1.99, if you use public transit daily or twice a month or more, this is a must-have.

Ease of use: 4/5
Uniqueness: 4/5
Practicality: 4/5
Interface: 4/5

If you have a Sacramento-specific mobile app, please let us know on the comment section below.

Ask the County Law Librarian – Recording Telephone Calls

2011-12-29T23:43:06Z

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 confidential conversation without the consent of all parties is a crime. The penalty for a first offense is up to a year in jail or state prison, a $2,500 fine, or both.

Note that this applies to any “confidential communication,” whether it is in person, on the phone, or by some other device, as long as the eavesdropping or recording is done with an “electronic amplifying or recording device.” The term "confidential communication" includes any conversation in which is “carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties thereto.” California Penal Code 632(c).

Your ex might also be able to sue you for $5,000 or more. California Penal Code 637.2 provides that anyone injured by a violation of the eavesdropping and recording laws can sue for $5,000 or three times actual damages, whichever is greater.

If you do record your conversation, the recording will almost certainly be inadmissible in court. California Penal Code 631(c) states that “Except as proof in an action or prosecution for violation of this section, no evidence obtained in violation of this section shall be admissible in any judicial, administrative, legislative, or other proceeding.” In other words, you can’t use it to help you, but it can be used against you to prove you broke the law.

California actually has some of the strongest anti-eavesdropping laws in the US. In many states, it is legal to record a phone conversation as long as one person knows it’s being recorded. In these “one-party states,” people generally may record their own conversations without the consent of any other parties but cannot grant that right to a third party. Reporters have an obvious interest in the laws on this subject, and you can find an overview of all 50 states’ laws on the website of the Reporters Committee for Freedom of the Press.

There might be other ways to prove that your ex is hiding income or spending more than she claims to earn. If you come in to the library, we have books that can give you ideas of the types of records to subpoena and questions to ask to help you do just that.

Coral Henning, Director
@coralh & @saclawlibrarian
www.saclaw.org

Sacramento Santas of Christmas past

2011-12-29T06:01:41Z

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, "Where is the real Santa?" to which he answered, "At the North Pole with the elves making presents for kids."

The best part of being a Santa though, he said, is when the kids think he is the real deal.

"My mom said I'm taking on a family tradition," Philpott said. His father did Santa work before for 25 years.

He said that some people he knows through his day job have not recognized him when he dons the beard, even when he approached and talked to them. It is partly because he uses his Santa voice, he said.

The kids’ wishes are much simpler this year, he said, compared to previous years when he had kids with multiple items in their list, such as a bicycle and an Xbox. This year, for most kids, wishes were for one item under $100.

For 40-year-old maintenance supervisor Scott Carpenter, working as Santa this year, he said he had the same experience with kids from low-income families requesting practical items. He said some kids did not ask for toys, but items for their rooms, such as a bookshelf or a lamp, while kids from higher-income families asked for more expensive items, he said.

"One thing that is similar and true ... is the children's excitement," Carpenter said. "I walked in the room, and it's like a rock star walked in the room."

Through Renoir Staffing Services Incorporated, he has worked as Santa at Christmas parties in apartment homes for two years.

Driving from his home in Davis to Sacramento already dressed as Santa, he said people have tried to get closer to his car and waved at him smiling trying to get his attention. He said that this helps him get in the mindset that he is Santa Claus for the kids he is visiting.

Carpenter said his sons, 10-year-old Max and 5-year-old Leo, enjoyed watching him dress up as Santa – walking around the house in his tank top and Santa pants while putting on makeup and a false beard.

"They understand that I'm working, and they understand that what I do and what Santa is are two separate things," Carpenter said.

He said working as Santa Claus not only helps with his expenses during the holiday season but is also a rewarding job with kids giving Christmas cards and drawing pictures of him.

Carpenter said now that his Santa work for this year ended, he misses hearing the kids' unpredictable questions and wishes. The toughest question he had was, "Why does your beard look fake?" to which he answered, "The more you believe in him, the more real I look."

Going back to his regular work, Carpenter said he carries with him the same skill set that he has working as Santa Claus: people skills.

Another person who donned a red costume, minus the beard, is Gail Nelson. She volunteered as Mrs. Claus for Girl Scouts Heart of Central California. This year is her third year volunteering.

She said that she wore her Girl Scout pin as well, to let the girls know that she was once a Girl Scout. Nelson is the secretary for the Girl Scouts Alumni Association.

Kids often asked the 72-year-old resident of Rocklin, when she was volunteering as Mrs. Claus, how she got down from the North Pole, to which she answered, "Santa has a few extra sleighs, so he enlisted one sleigh and driver to bring me down to Sacramento because the Girl Scouts had asked for a Mrs. Claus."

Nelson told the kids that finding Sacramento was not hard at all because the sleigh has GPS. She said, "The parents are funny. They get a kick out of this."

She said the hardest thing she had to explain was why she couldn’t let the girls see the sleigh she came down with. She just said it was being serviced.

To prepare for the part, Nelson said she did research on Mrs. Claus and read all that she could find on the character. She made sure that her red Mrs. Claus dress was pressed and clean, and she wore a perfume that smells like vanilla.

Now that Christmas has passed and the new year is a few days away, these men and women who played the vital role in the merriness of the holiday had to put their outfits back in their closets, and wait to wear them again for Christmases to come.

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

2011-12-22T17:30:03Z

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 discharge from custody. California Penal Code § 290. Proposition 83, the Sexual Predator Punishment and Control Act, or “Jessica’s Law,” which amended Megan’s Law on November 8, 2006, forbids any registered sex offender from living within 2,000 feet of a school or park where children regularly gather. California Penal Code § 3003.5(b).

Your brother is not alone in facing a very bleak prospect. According to the Prison Law Office, a nonprofit public interest law firm which engages in class action and other impact litigation on behalf of prisoners, these residency restrictions have forced many parolees to become homeless because they are unable to find affordable, compliant housing.

Jessica's law has been challenged in courts as being too restrictive. Your brother may wish to ask a court to review his case. The Prison Law Office, which has been involved in many of these challenges, has produced a packet of forms and instructions that parolees can use to ask for an immediate stay of the restrictions while their individual cases are being heard by the courts. The packet is available for free on the web at http://www.prisonlaw.com/pdfs/ModelHabeasFull,Dec10.pdf. An additional fill-in-the-blank form, required by all California state courts in this type of case, can be downloaded from the California Courts’ website at http://www.courts.ca.gov/documents/mc275.pdf.

You should be aware that local cities, towns and counties are permitted to adopt ordinances which impose further restrictions on where you can live. If you are not in Sacramento and are unsure whether your residence is in compliance with local law, check with someone who is familiar with your community’s laws.

Good luck!

Coral Henning, Director
@coralh & @saclawlibrarian
www.saclaw.org

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

2011-12-15T22:36:34Z

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 least one of them. For more information, consult the National Driver Register (NDR), the Driver License Compact (DLC), and the Non-Resident Violator Compact (NRVC).

If you wish to contest a Vehicle Code or local ordinance traffic violation in a California county, you have two options: 1) you can request a court trial; or 2) you can request a trial by declaration. In a trial by declaration, the judge reviews written statements and evidence mailed by both parties (the defendant and the citing officer). To be eligible for a trial by declaration, your case must meet the following requirements:

• Your citation is for an infraction violation only (as opposed to a misdemeanor);
• The due date to take care of your ticket has not expired; and
• Your notice or ticket does not expressly require your presence in court.

More information on both types of trials can be found at http://www.courts.ca.gov/8450.htm, which includes links to fillable forms, instructions for submitting evidence, and a description of the trial process. The county in which you received the citation may have its own traffic forms to use in addition to or in place of the state-approved Judicial Council forms, so check the superior court’s website or ask the court clerk before mailing your request. Nolo Press, a publisher of popular self-help legal books, publishers a very helpful guide called “Fight Your Ticket and Win in California.” You can find the book at large commercial bookstores like Barnes and Noble, at the publisher's website, or at your local public law library.

For information on similar issues, see Ask the County Law Librarian columns on red light citations, past-due traffic tickets, cell phone citations, and obtaining evidence from law enforcement agencies.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

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

2011-12-08T23:06:14Z

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 defendant uses. This form cannot be used to get a judgment on the case.

According to California Code of Civil Procedure § 116.570, any party has the right to ask the court to postpone a hearing date for “good cause.” The code section does not limit the discretion of the court to grant additional postponements for “good cause” as necessary.

The request for postponement can be made either by writing a letter or by using Judicial Council Form SC 150, Request to Postpone Trial. The request shall be filed at least 10 days before the hearing date, unless the court determines that the requesting party has “good cause” to file the request at a later date. If the court finds that the interests of justice would be served by postponing the hearing, the court shall postpone the hearing, and shall notify all parties by mail of the new hearing date, time, and place.

According to Nolo.com’s legal dictionary, “good cause” is a legally sufficient reason for a ruling or other action by a judge. It is up to the other party to provide adequate proof that a postponement is required. Ultimately, it will be at the judges’ discretion if the postponement request is granted.

Try to be patient with the Small Claims Advisor; this is the time of year when self-help centers are busiest. It may easier to obtain services by going there in person rather than through the telephone.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Ask the County Law Librarian - Credit Card Surcharges

2011-12-01T19:55:22Z

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 issuing bank and the type of card, but generally range from 1-3% of transaction amount, plus a per-transaction flat fee of 5-20 cents. For merchants with a small profit margin, these transaction fees can really be a drain on their bottom line. Some merchants try to pass these fees on to the customer by imposing a fee for using a credit or debit card.

California Civil Code 1748.1 prohibits merchants adding surcharges or any additional fees when a customer pays for goods or services using a credit card. However, the law does allow merchants to offer “cash discounts” to encourage customers to pay with cash or check, rather than a credit card. Although the outcome is similar – customers paying with a card are charged more than those using cash – there is a fundamental difference between a credit surcharge and a cash discount. With a credit surcharge, the consumer is paying more than the marked price simply because they’re using a card for payment. This can lead to an unpleasant surprise at the register, when the bill is more than the customer would expect based on marked prices. With a cash discount, customers paying with a card pay the marked price, while customers using cash pay less than the marked price. Customers paying with a card are charged the expected amount based on marked prices, while cash customers get a welcome discount.

Although credit card surcharges are illegal in California, there is no law limiting surcharges for debit card transactions. Last year, then-Governor Schwarzenegger vetoed SB 933, which would have prevented merchants from imposing surcharges when consumers use debit cards. However, the merchant agreements for both Visa (rule 6.3) and MasterCard (rule 5.11.2) prohibit the practice.

Keep in mind that “convenience fees” for using credit or debit card are allowed for some merchants, under both state law and merchant agreements. These are generally available to public-sector merchants, like schools, utilities or the IRS.

Until recently, merchants were legally prohibited from setting purchase minimums for credit card use. This was changed with a provision of 2010’s Dodd-Frank Wall Street Reform and Consumer Protection Act. The new law allows merchants to set a minimum purchase as high as $10, as long as it is applied to all cards, regardless of issuer.

If you believe a merchant is in violation of State or Federal law or their merchant agreement, you can make a report to your credit card company, or to the California Attorney General’s office.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Amtrak now offers free Wi-Fi on Capitol Corridor trains

2011-11-30T00:38:46Z

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 or other portable device that is Wi-Fi enabled.

For commuters, such as Sacramento lobbyist Jack Bean, the new service will make working while traveling more convenient.

“I commute every day from the Bay Area so this will definitely benefit me,” Bean, 53, said Tuesday.

Bean said he’s looking forward to having a single, reliable network connection while on the train.

“There are alternate (wireless) connections (available),” Bean said, “but you lose it, and you get it, and you lose it in each area – so this will be nice.”

According to the Amtrak website, the service is not password protected, and travelers only need to connect to the "AmtrakConnectStation” network on their wireless devices to use it.

California state passenger rail agencies funded the implementation of Wi-Fi by reinvesting cost savings from prior completed rail projects, according to the press release.

“This has been the number one request from passengers since about 2003,” Luna Salavar, spokeswoman for the Capitol Corridor Joint Powers Agency, said Tuesday.

“We tried several different techniques (to provide the service) in the past,” Salavar said, “but this was the first one that we feel will be successful in providing free Wi-Fi to our customers.”

The biggest challenge to connectivity on trains is the limited bandwidth available through third-party cellular data networks along many routes.

Salavar said that the AmtrakConnect service is designed to take advantage of technology improvements such as faster 4G speeds, as they become available along rail routes.

Sarah Tarlano, a college student headed to San Francisco from Penn Valley Tuesday – with her laptop in tow – said she read about the new service online.

“I’ll probably be checking email, using Facebook or reading the news (on the train),” said Tarlano, 19.

Although she usually likes to download media files while she travels, Tarlano said that the limited bandwith and file size restrictions won’t stop her from using the new service.

“I’ll do other things, so that’s ok,” Tarlano said. “(Wi-Fi) will still be good to have.”

Network performance on the trains will vary as the train travels, depending on the proximity of cell towers and strength of wireless signals along the route, Salavar said Tuesday.

The Wi-Fi service also blocks access to streaming video and restricts file downloads larger than 10 MB because of limited bandwidth on board. Passengers will want to download any large files before boarding the train.

The CCJPA was able to contract with Wi-Fi vendor Nomad Digital to use their wireless network technology and cellular towers for service, according to Salavar.

Amtrak is part of the Capitol Corridor Joint Powers Agency which delivers transit service in coordination with the Union Pacific Railroad and Caltrans.

Wi-Fi service is already available on Amtrak high-speed express trains along 12 East Coast routes and on the Amtrak Cascades rail service in the Pacific Northwest.

Melissa Corker is a staff reporter for The Sacramento Press. Follow her on Twitter @MelissaCorker.

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

2011-11-18T17:47:17Z

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 authorizing post-judgment interrogatories does not require witness fees. (California Code of Civil Procedure (CCP) section 708.020.) CCP § 708.020 also refers to the rules on pre-trial interrogatories. (CCP §§ 2030.010 and following.) Those sections do not require a witness fee, either.

A debtor’s examination also does not require a witness fee. Debtors’ examinations are covered by CCP § 708.110 through CCP § 708.205. While CCP § 708.120 provides that a third party who is examined is entitled to mileage, it makes no such provision for the debtor. (Generally, third-party witnesses are entitled to receive "ordinary witness fees" of $35.00 per day and $.20 per mile, round trip. Cal. Government Code § 68093.)

You mentioned that this was a small claims case. I’m curious whether the debtor sent you a Statement of Assets. In small claims cases, the debtor is automatically required to send you a “Judgment Debtor’s Statement of Assets” (Judicial Council Form SC-133) within 30 days of the Notice of Entry of Judgment. CCP § 116.830. You don’t mention whether the debtor did this, and I’m guessing not, since it covers the same questions you most likely would ask in your interrogatories – employment and pay information, bank accounts, real estate, and personal property. If you didn’t receive it, the debtor is technically already in contempt of court.

If you didn’t receive the Statement of Assets, there is a special form to use to set up a debtor’s examination after a small claims case: “Order to Produce Statement of Assets and to Appear for Examination” (Judicial Council Form SC-134). (If you did receive it, but need more information, you would use an “Application and Order for Appearance and Examination,” Judicial Council Form EJ-125.) To get copies of documents such as pay stubs, you can use the “Small Claims Subpoena and Declaration” (Judicial Council Form SC-107) or a standard “Civil Subpoena Duces Tecum” (Judicial Council Form SUBP-002).

If you want more information about the examination or your other options, you may want to contact the free Small Claims Advisor at the courthouse. You can find out more about their free services by visiting the Sacramento County court’s Small Claims Court website. If your case is in another county, check the California Courts website for a link to your county’s advisors . For information on this and many more subjects, visit the Sacramento County Public Law Library, “Providing Free Public Access to Legal Information for over 100 years.”

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

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

2011-11-10T17:40:21Z

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 categories: “general” medical emancipation statutes, which are based on a minor’s status, and “limited” medical emancipation statutes, which apply to specific, designated medical conditions. Academy of Pediatrics v. Lungren, 16 Cal. 4th 307 (1997).

Examples of general medical emancipation statutes are California Family Code § 7002, which provides that a minor who has become emancipated by reason of a court order, marriage, or active duty in the United States armed forces is considered an adult for purposes of consenting to health care services; and California Family Code § 6922, which provides that minors who are 15 years of age or older, living away from home, and managing their own financial affairs, regardless of the source of their income, may consent to their own medical care.

Limited medical emancipation statutes cover certain circumstances where the state’s interest in protecting the health of minors is considered to outweigh a parent’s right to make medical decisions on behalf of their children. Minors may be reluctant, because of embarrassment or fear, to tell their parents about medical conditions resulting from specific conduct. Consequently, minors may postpone or avoid seeking needed medical care if they are required to obtain parental consent prior to receiving treatment for those conditions. California’s limited medical emancipation statutes include:

Family Code § 6924(b) A minor 12 years of age or older may consent to mental health treatment, counseling, or residential shelter services if (1) the minor is mature enough to participate intelligently, in the opinion of the health care provider, and (2) the minor is either a danger to himself or herself or others without the treatment, or is the alleged victim of incest or child abuse.

Family Code § 6925: A minor of any age may consent to care related to the prevention or treatment of pregnancy.

Family Code § 6926: A minor 12 years of age or older may consent to treatment of an infectious, contagious, communicable, or sexually-transmitted disease.

AB 499 (2011): Beginning in January 2012, minors 12 years of age and older may consent for medical care related to the prevention of sexually transmitted diseases.

Family Code § 6927: A minor 12 years of age or older may consent to treatment of care related to the diagnosis or treatment of rape.

Family Code § 6928: A minor of any age may consent to care related to the diagnosis or treatment of sexual assault.

Family Code § 6929 A minor 12 years of age or older may consent to care related to the diagnosis or treatment of drug- or alcohol-related problems.

Health & Safety Code § 121020: A minor 12 years of age or older may consent to HIV testing.

For more information on medical emancipation, see www.teenhealthlaw.org. For information on this and many more subjects, visit the Sacramento County Public Law Library, “Providing Free Public Access to Legal Information for over 100 years.”

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Ask the County Law Librarian-Bicycles and Sidewalks

2011-11-03T22:12:00Z

Q. I just moved to Sacramento and have noticed many people riding bicycles around town. Biking to work would be ideal, but I’m worried about dealing with traffic in certain areas and would be tempted to ride part of the way on sidewalks. I have a hunch this is illegal, yet I see cyclists doing this pretty often. Could I be ticketed for riding my bike on a sidewalk?

- Dan

A. Sidewalks are invariably appealing to bicyclists: smooth, level surfaces that facilitate cruising and offer a cushion of safety from approaching vehicles and their drivers, some of whom may still be using handheld devices to talk or text. Despite popular belief, sidewalks can be lawful segments of bicycle routes, but we recommend researching local county and city ordinances, relevant signage, and the area’s official bike routes before risking a potential citation, or worse. Pedestrians will always have the right-of-way on sidewalks, and cyclists should always exercise caution, especially riding in areas with heavy foot traffic.

Bike laws are generally a municipal matter, so your research should begin with the local county and city codes: the Sacramento County Code and the Sacramento City Code are available online and in print at the Sacramento County Public Law Library, or your local county law library. Sacramento County Code, Section 10.12.010 (b) states “notwithstanding the provisions of subdivision (a) of this section, any person may ride a bicycle on a sidewalk which is designated by the director as a part of the County bike route system and which is identified for such use by appropriate signs giving notice thereof. A bicyclist using a sidewalk as authorized by this subdivision shall yield the right-of-way to any pedestrian using the sidewalk.”

The Sacramento City Code is even more specific in Section 10.76.010 (A): “Except as authorized under subsection B of this section, no person shall ride a bicycle on a sidewalk except within a residence district or where a sidewalk is designated as part of an established bicycle route. Pedestrians shall have the right-of-way on sidewalks.” Subsection B lists exempted groups, such as medical personnel, law enforcement, and those with special permits.

Both the city and county ordinances reference “bike routes” as an exception to the prohibition of bicycles on sidewalks, and that these routes will be identified by signs. The next step, then, would be to research designated bike routes in the area and the signs that indicate their locations. Many counties and cities will have this information online; Sacramento County's website offers information on bikeways, as well as a map of existing routes. Also available on the website is the Sacramento County Bicycle Master Plan, adopted in April 2011, which includes descriptions of different bike paths and their corresponding signs. If you have additional questions, you may want to contact the transportation department of your city or county.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Boston Takes Over the Naked Lounge This Tuesday

2011-11-03T06:38:39Z

In the mood for a low-country Regina Spektor-meets-Jimmy Buffett-on-whiskey act followed by a Dave Matthews crossed with a beached-out Buddy Holly number? Well, you can... this coming Tuesday, November 8 at the Naked Lounge in downtown Sacramento (1111 H St.), starting at 8:30. This all ages show features two of California's up-and-coming, on-the-scene singer-songwriters, Jo Elless (www.joelless.com) and Mike Macchia & Tyler Canaday (Mike's Lost and Found, http://www.youtube.com/TheMikeMacchia). Midwest and northeastern roots, with a little dixie thrown in for good measure, Jo Elless is a Berklee-trained multi-instrumentalist who arranges her songs for wind orchestra (all of the instruments, of course, she performs herself-- ranging from flutes to tinier flutes to saxophones and various clarinets). Her songs feature musings of foggy, city, subway life and Decemberists-like folk tales of the deserted south. Her latest album, Copley Inbound, received national acclaim, including landing Elless a spot on the cover of the magazine Saxophone Journal. Coincidentally, Boston native Mike Macchia will also perform along with Tyler Canady, in the form of Mike's Lost and Found (it's also his birthday, so join in the party!) follow her with a blend of sultry, acoustic rock sure to get you kickin' back, tapping your toe, and reminding you of past summers in love. It's all this coming Tuesday, November 8 starting at 8:30 at Sacramento's downtown Naked Lounge, 1111 H St. Sacramento CA 95814.

Disclosure: Sacramento music scene columnist

When Coats for Kids needed on-the-ground logistics, NEWS10 called PODS Moving and Storage of Sacramento

2011-11-01T19:52:16Z

PODS of Sacramento provides vital storage and logistics solution for NEWS10’s 21st Coats for Kids Winter Drive.

(SACRAMENTO, Calif.) – PODS Moving and Storage of Sacramento will donate several of its storage containers to help collect donated coats in support of NEWS10’s 21st Coats for Kids Winter Drive through Dec 9.

Logistics were a nightmare for organizers prior to using PODS®, according to Brian Bills, a lifetime resident of Fair Oaks, Calif., and territory manager at PODS of Sacramento.

“In 2010, we supplied three PODS® containers at Swansons main dry-cleaning facility and transported each filled unit to Cal Expo where volunteers from the Salvation Army sorted the coats by size,” Bills said. “Having onsite storage at the starting point streamlined the collection process and allowed for greater efficiency overall.”

Donations will be accepted through Dec. 9 at select Swansons Cleaners locations throughout greater Sacramento. PODS will then transport each container filled with clean coats to Cal Expo for staging and distribution on Dec. 30.

Coats for Kids has collected and distributed more than 500,000 coats to children of all ages. This year’s goal is to collect 25,000 new coats. Monetary donations also will be accepted. Mail donations to: The Salvation Army, PO Box 340699, Sacramento, CA, 95834. All proceeds benefit News10 Coats for Kids.

PODS of Sacramento is owned and operated by Storage Mobility and also participates locally in Sacramento's Chips for Kids Toy Drive, Toys for Tots, Susan G. Komen Race for the Cure and several other nonprofit and community organizations.

For more information, or to make a donation to help a child in need, visit http://www.news10.net/life/community/events/coatsforkids.

Disclosure: Disclosure: Tina Vervoorn is a Public Relations Manager at Consortium Media Services, representing PODS of Sacramento and Storage Mobility.

Ask the County Law Librarian- Divorce Nullifies Power of Attorney Between Spouses

2011-10-27T19:49:09Z

Q:
Hello I'm e-mailing with a question about the law of Power Of Attorney. My parents have been divorced now since "2006” in "2005" my Dad gave my Mom Power Of Attorney over his personal affairs. My parents have been separated since "1989" but have always maintained a good relationship. Lately my Dad has been showing sing of early Alzheimer’s and we have concerns because it seems that due to their divorce the Power Of Attorney is no longer valid! Is this a fact or is there something we can do to ensure that My Mom remains a vital part of My Dads affairs! I’m not sure and we need to know because there are properties involved and health care issues. So if u could help us out with some helpful info it would be nice. Thanks!!
-Iris

A:
I’m sorry to hear about your dad’s ailing health. It is true that in California, a divorce will nullify a power of attorney, if it was created between spouses before the divorce. The California Probate Code states that if after executing a power of attorney the principal's (your dad) marriage to the attorney-in-fact (your mom) is dissolved or annulled, the principal's designation of the former spouse as an attorney-in-fact is revoked. The California Probate Code also states that the power-of-attorney can be revived by the principal's remarriage to the attorney-in-fact.

If remarriage is not a possibility, and if your dad has the legal capacity to make the decision, he can execute another Power of Attorney listing your mom as the agent or attorney-in-fact. If your dad is able to understand and is willing to sign a Power of Attorney or Advanced Health Care Directive, these may be all that is needed to re-instate your mom’s authority. These forms are available at the law library’s website at http://www.saclaw.org/pages/forms-page.aspx .

However, since your dad is suffering from early Alzheimer’s, he may not be competent enough to do this. The law library has several books you can look at to help determine legal capacity, including: Capacity and Undue Influence: Assessing, Challenging, and Defending: Here's How and When To Do It published by CEB.

If your dad does not have the legal capacity to execute another Power of Attorney, then a Conservatorship may be an alternative for your family. A conservatorship is a legal arrangement in which a responsible adult oversees the personal care or financial matters of another adult considered to be incapable of managing alone. The person who cannot care for him or herself is called the conservatee. The person or organization the judge chooses to do this is known as the conservator. A conservator can be a family member, friend or professional person. California law on conservatorships can be found in the Probate Code beginning at section 1800.

A California conservatorship must be formally established through a court proceeding. The proposed conservator must first file a Petition for Conservatorship to initiate the court proceeding. Once the petition has been filed, the clerk will set the matter for hearing. The hearing will generally be set 45 days from the date of filing. Sacramento County may have some local forms requirements.

The law library has created Legal Resource Guides on Power of Attorney and Conservatorships that will help you get started in your research. These Legal Resource Guides are available from the law library’s website at http://www.saclaw.org/pages/legal-research-guides.aspx .The law library also has other materials available, including sample forms and general information that cover both of these topics.

Do you have a question for the County Law Librarian? Just email sacpress@saclaw.org. If your question is selected your answer will appear in next Thursday's column. Even if your question isn't selected, though, I will still respond within two weeks.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Youth volunteers clean up Curtis Park

2011-10-24T05:57:22Z

As the sunlight crept through the thick leaves of Curtis Park Saturday morning, the sight of youth volunteers cleaning up dried leaves welcomed joggers and dog-walkers on the park.

Twelve youth volunteers cleaned up Curtis Park from 8:30 a.m. to 1 p.m. as part of the youth programs provided by the La Familia Counseling Family Resource Center and Hmong Women's Heritage Association. Staffers of the two associations supervised the youth volunteers.

"It has given us the motivation to come together and focus to work with youths at risk that are living in the same communities," La Familia youth specialist Vidal Gonzalez said about the two groups collaborating. "Why don't we go ahead have activities where everybody can come in, rather than focusing on one specific ethnic community at a time, since we’re all living in the same space and share the same parks too?"

Cristo Rey High School student Bryan Maldonado,14, and The Met High School student Martin Ochoa,15, joked around while shoveling leaves into a wheelbarrow, while Juan Maldonado,18, brother of Bryan and also a student of Cristo Rey, just finished piling up leaves.

"It's pretty fun," Ochoa said. "You actually feel like you really have a voice, and you get to help the community." He learned of the program from his sister who invited him to join. He has been with the group for three months.

Gonzalez said the youths are volunteers and are given a $100 stipend after completing the three-month community service. They are also required to be present on weekly meetings and program events.

"It's great to see community service in action," Curtis Park resident Carmel Brown said. "I wish more of our residents are doing this work."

Hmong Women's Heritage youth advocate Nai Saechao said this is the first time the two organizations worked together for a community service program. In the past they have had youths come together from different groups to network and get to know each other.

Curtis Park is the second park the La Familia volunteers have cleaned up this year and first with Hmong Women’s Heritage. They had their first cleanup at Tahoe Park two months ago. Gonzalez added that Curtis Park was chosen for the cleanup because of its close proximity to their youth center, which is located at 34th Street and Fruitridge Road.

"We take requests, too,” Gonzalez said. “If someone knows of a good park that they they feel is being neglected, we’re more than willing to look into it and see if our kids can go out there to clean it up a little bit.”

Below is an audio slideshow presentation of the Curtis Park cleanup.

Ask the County Law Librarian - Past-Due Traffic Tickets

2011-10-20T21:22:32Z

Q: I got a traffic ticket a while back, and missed my court date. I’d totally forgotten about it until I got something in the mail last week, saying I owed money on my outstanding ticket. It’s a huge amount now, with interest and late fees, etc. Can I ask for a payment plan or community service? I don’t have the money to pay the ticket right now.

-Tanya

A: The payment of past-due traffic tickets is handled through the Sacramento County Department of Revenue Recovery. Periodically, the agency sends out letters regarding outstanding balances, in an attempt to collect money owed to the County. If you receive a letter from the Department of Revenue Recovery and wish to pay the amount in full, you can do so online, by mail, or in person. Unpaid tickets are eventually assigned to a third-party collection agency.

If your outstanding ticket is still being handled by the Department of Revenue Recovery, the court still has jurisdiction over your case. This means that the court can still change the amount you owe, order traffic school, allow community service, etc. To make this type of request, you will need to go to the traffic court at 301 Bicentennial Circle between 8am and 4pm, Monday-Friday. You will receive a same-day hearing.

Once an outstanding ticket is assigned to the collection agency, the court no longer has jurisdiction over your case. This means that the court can no longer modify the amount you owe, or allow options such as community service or traffic school. Your must negotiate directly with the collection agency about setting up a payment plan. Your driver’s license will remain suspended until you pay all fines and fees on your record.

If your ticket was due to be paid before January 1, 2009, you may be in luck. The state recently announced a limited-time “Amnesty Program” for outstanding court debts. With this program, California Superior Courts are offering a 50 percent off discount on some old, unpaid traffic tickets. The program will be available January 1, 2012-June 30, 2012. The eligibility requirements may vary from county to county. More information about the amnesty program is available at www.courts.ca.gov/partners/941.htm.

www.saclaw.org

Matsui Announces $300,000 in Federal Grants for SETA's On-The-Job Training Program

2011-10-20T19:46:34Z

SACRAMENTO, CA - Today, Congresswoman Doris Matsui (D-Sacramento) held a press conference announcing that the Sacramento Employment & Training Agency (SETA) is receiving $300,000 in federal funding to support SETA's On-The-Job Training Program. The event was held at the Beutler Corporation, located at McClellan Park, one of the several Sacramento companies that will be able to hire workers as a result of this grant. Congresswoman Matsui was joined by California Energy Commissioner Karen Douglas, SETA Executive Director Kathy Kossick, and Beutler Corporation President Rick Wylie to make the announcement, followed by a tour of Beutler's manufacturing plant.

“I am excited to announce the allocation of $300,000 in federal funds to the Sacramento Employment & Training Agency for their On-The-Job Training Program,” said Congresswoman Matsui. “This infusion of federal funds will specifically support Sacramento businesses and projects committed to boosting the area's economy, clean technology industry, and are creating jobs for our local workforce.”

The federal funding was allocated through the U.S. Department of Energy and the American Recovery & Reinvestment Act (ARRA) to the Energy Commission Clean Energy Workforce program, which in turn has awarded funding for the On-The-Job (OJT) Training Program. The Program subsidizes employers who are hiring workers in the clean energy fields, helping to create jobs, support Sacramento's growing clean energy sector, and ensuring that local workers receives the training they need to be successful in their new positions.

“Sacramento is making its mark on the clean energy economy,” said Energy Commissioner Karen Douglas. “Under the Energy Upgrade California Program, successful partners, such as SETA and small business leader Beutler, have trained and employed hundreds of workers in the Sacramento area while reducing homeowners energy bills.”

“The Green OJT program, funded by the California Energy Commission and the Employment Development Department, will reimburse employers 50-70% of the wages paid to trainees for 3-6 months of training. The program will put unemployed people back to work learning skills that are needed for the jobs of the future,” said SETA Executive Director, Kathy Kossick.

“In the midst of the most horrific crash in the new home construction industry of our lifetimes, the support that we and many of our existing and incoming employees have received through an earlier Green OJT program over the last 12 months has helped us turn around our company and provide jobs and enriched careers for over 90 people here at Beutler Corporation. For the first time in 5 years, our business is growing, we're hiring again, and home owners throughout the region are living more comfortably with lower energy bills because of this and other ARRA funded programs. This additional funding will only add to these wonderful success stories,” said Rick Wylie, President of Beutler Corporation/Advanced Comfort & Energy Systems.

Beutler has enjoyed employment growth over the last year, in large part due to the Moderate Income Sustainable Technology (MIST) Program, part of more than $20 million made available by the California Energy Commission through the Recovery Act. MIST is a revolving loan program that finances third tier energy efficiency measures through 0-3 percent, 15-year loans and grants under the Energy Upgrade California program for moderate income families. Currently the MIST program is providing more than $14.8 million in funding to homeowners with 251 completed retrofits; another 241 retrofits in progress; and 141 applications in process. These energy upgrade loans average about $23,500 each will save homeowner hundreds of dollars in energy costs each year.

“Clean energy has enormous untapped potential for job creation in our region, and that is why I believe the federal government must continue to invest in American clean energy technology, support U.S. companies who are creating new jobs, and ensure that we are able to compete in a global marketplace,” Matsui added. “I will continue to fight for cost-effective, efficient, and high-quality programs like the On-The-Job Training Program that allow companies to innovate, grow, and hire. Today, is an example of federal funding – and the Recovery Act – hard at work putting Sacramentans back to work.”

For more information about the Clean Energy Workforce Training Program please visit http://www.energy.ca.gov/cleanenergyjobs/

For information about Energy Upgrade California, a one-stop shop for home improvement projects that lower your energy use, conserve water and natural resources while making your home more comfortable, visit https://energyupgradeca.org/overview

For more information about Congresswoman Matsui’s efforts to make Sacramento the Clean Tech Capitol, visit www.matsui.house.gov.

# # #

Disclosure: Mara Lee is Communications Director for Congresswoman Doris Matsui.

Jim Brickman to perform at the Crest Theatre Nov. 4

2011-10-19T06:01:20Z

World-renowned pianist and songwriter Jim Brickman will perform at the Crest Theatre Nov. 4 with musical guests Anne Cochran and Benjamin Utecht. Brickman, who also sings at his concerts, said he will be performing romantic melodies, a few Christmas songs, but no breakup songs – that’s just not his style.

"The Gift," "Valentine” and "Love of My Life" are just some of his famous love song compositions.

He has collaborated with various musical talents, including Martina McBride, Olivia Newton-John, Michael Bolton and Lady Antebellum.

"You have to find your own voice, because if you sound like someone else, then there's nothing unique about you," Brickman said.

His distinct style of music comes in the form of inspiration, romance, calm and emotional moments. Something he does not do are breakup songs. He said he likes to promote hope in his music.
Brickman began playing piano at age 5 and did not come from a musically inclined family, but he said his family has always been supportive of his love for music.

In high school, he played with a band performing at weddings. It was not until he moved to California in his late 20s from his hometown of Cleveland when he started getting recognition – a couple years after sending his sample music to radio stations and recording companies.

Since then, Brickman, turning 50 this November, has produced six albums that received gold and platinum status and two Grammy nominations. A gold status is awarded for an album with more than 500,000 units in sales and platinum status is awarded for an album with more than 1 million units in sales, according to the Recording Industry Association of America website.

"I think it’s something that comes naturally. I don't think it’s something you attain or grow into," Brickman said when asked about when he fell in love with music. "In my case, it’s much a part of me like learning to talk."

Playing live is his absolute favorite, he said. He does not have any rituals or special preparations before performing live in his concerts. Instead, he assesses the environment by using the first song he plays as the barometer if the mood of the audience is energetic or calm.

Brickman has performed many times in Sacramento, and the Crest Theatre was the venue of his first performance in this city.

"I always loved that neighborhood in downtown with all the restaurants, and I always have a great time." Brickman said. "I haven't been there in a long time, and I'm really excited to introduce the audience to my special guests."

In his upcoming concert, he will be performing with special guest artists Adult Contemporary Singer Anne Cochran and Pop Singer Benjamin Utecht. Brickman said he enjoys collaborating with other musicians and letting them bring their own style to his songs.

"It’s always a lot of fun. I think sometimes people think it’s going to be a recital or quiet,” Brickman said. “It's actually joyful and sometimes very lighthearted and funny, and there’s a great variety, from the hit songs, a couple of new ones, a little of Christmas, and great guests.

"I sing quite a bit in the shows as well,” he added, “so I think people don't expect as much singing, and I don’t think they expect it to be as lighthearted as it is."

The concert will begin at 8 p.m., and ticket prices range from $30 to $65 and are available at tickets.com. The Crest Theatre is located at 1013 K St.

Ask the County Law Librarian - Renters' Rights in Foreclosures

2011-10-06T22:04:52Z

Q. I have been renting a house for more than a year. I just got a notice that the house will be sold at auction at the end of this month. Do I have to move out then? That’s not nearly enough time to find a new place! And do I have to pay this month’s rent? I will need the money for a deposit on a new place. -Allan

A. Don’t worry – you will not have to move out at the end of the month. Exactly how long you have depends on who buys the property at auction, and whether your lease is month-to-month or until a certain date, but you will get at least 90 days notice. The trustee’s sale may even be delayed – this frequently happens. But you do have to keep paying rent!

With all the foreclosures going on, this situation is pretty common. When the mortgage crisis started, tenants were caught in a real bind – foreclosure wiped out any leases that were signed after the loan was taken out, and the new owner could evict them on 60 days notice.
This caused so much hardship that a new federal law was passed protecting tenants: the “Protecting Tenants at Foreclosure Act of 2009” (Pub. L. no. 111-22, 123 Stat 1660 (2009)). This law expires on December 31, 2012, unless Congress extends it before then.

Under this law, if the mortgage loan is “federally related” (almost all are), the lease survives the foreclosure. This means that the tenant can stay until the end of the lease. Month-to-month tenants must get 90 days' notice before eviction. The law doesn’t apply to tenants who are close relatives of the former owner who got a sweetheart deal for below-market rent.

There is an exception for buyers who plan to move in to the home themselves. In this case, the lease ends, but the tenants are still entitled to give 90 days’ notice.

So if your lease extends until a certain date, and the property becomes bank-owned, you are set until the end of the lease. If your lease is month-to-month, the bank must give you at least 90 days notice to move out. If the buyer plans to live in the home, you must receive 90 days notice to move out.

You do still have to pay rent though! You can still be evicted for cause, including non-payment of rent. Starting on the day of sale, rent should be paid to the new owner. If you have a security deposit, the new owner should also be responsible to return it when you leave.

For more information, read the Nolo article “Tenants in Foreclosure: What Are Their Rights?” or the Nolo Press book “California Tenant’s Rights.” The California non-profit group Tenants Together sponsors a “Foreclosure Rights Hotline” at 1-888-495-8020. Housing and Economic Rights Advocates has a more extensive list of tenants’ rights in foreclosure, including discussions of cash for keys, right to maintenance, and more.

Good luck!

Coral Henning, Director
@coralh & @saclawlibrarian
www.saclaw.org

Everyday Law: Backyard Chickens

2011-10-02T17:18:45Z

The keeping of chickens in urban residential settings is gaining popularity across the United States. Advocates of backyard chickens cite more nutritious and flavorful eggs, nitrogen-rich garden fertilizer, and natural pest control among the benefits of backyard chickens. Opponents worry about noise, odors, and the potential to spread diseases such as Salmonella and Avian Flu. The debate to legalize egg-laying chickens in residential areas is making its way to local governments throughout the country, with city councils trying to balance the health, safety and interests of both residents and chickens.

In August, after debating the issue for nearly two years, the Sacramento City Council approved an ordinance that will take effect November 1, 2011. The new law will allow residents within city limits to keep 3 hens (no roosters!), if they obtain the proper permits. Each household keeping hens will pay a $15 permit fee, plus a $10 annual license fee per hen.

Under the new law, hens must be confined in a coop or pen in the back yard, at least 20 feet from any house on an adjacent property, and must not create a noise disturbance audible on neighboring lots. Slaughter of these animals is prohibited on residential property. Animal control regulations (see page 10) require the coops to be between 15 and 42 square feet, adequately ventilated, and fenced on all sides and top. A separate nest box is required for each hen, but coops may have communal roosts, feed and water. Regulations also require owners to properly store chicken feed, and keep coops clean and free of offensive odors.

Keep in mind that this law applies only to residential properties within Sacramento city limits. Each city within Sacramento County may also have its own regulations about backyard chickens. Rancho Cordova and Galt (see 18.16.030) limit chickens to low-density residential zones, while Citrus Heights (see 106.42) requires a lot of 10,000 square feet. Elk Grove allows up to six hens, if kept at least forty feet from the property line, and Folsom allows a limited number of small animals or fowl on residential property. Unincorporated parts of Sacramento County are governed by county regulations, which prohibit chickens on lots smaller than 10,000 square feet. Residents with sufficiently large properties must obtain a conditional use permit in order to keep roosters or chickens.

The new Sacramento law does not go into effect until November 1, 2011. Until that time, chickens are still outlawed. It’s not too early to start looking into your options though. There are many websites available, such as http://www.backyardchickens.com/ and http://www.mypetchicken.com/ that provide information about selecting the best breed for your needs, building coops, and caring for your chickens. This information can help you decide if raising chickens is a good fit for you and your family.

For more information on this and other “Everyday Law” subjects, visit the Sacramento County Public Law Library, “Providing Free Public Access to Legal Information for over 100 years.”

Ask the County Law Librarian – Service by Publication

2011-09-29T22:16:14Z

Q. I want to sue this guy who sold me a bill of goods, but he has disappeared off the face of the planet and I can’t find him anywhere. I thought I read somewhere that I could just put a notice in the newspaper and that would be ok. How do I do that?

A. When filing a lawsuit, you are required to serve the other party with your summons and complaint, to notify them of the lawsuit. If the other party cannot be located, you will have to ask the court for permission to publish the summons in the newspaper. Publication of Summons, as set forth in California's Code of Civil Procedure section 415.50, is considered a method of last resort. The court can only approve your request for an Order for Publication of Summons if you show that the other party cannot be served in any other manner. You will need to prove to the court that you have made exhaustive attempts to locate the other party. The California Courts Self-Help Website suggests numerous ways to track people down under “Finding Someone in Order to Serve Him or Her” at http://courts.ca.gov/selfhelp-serving.htm. The Law Library also has a guide to “Finding People & Businesses,” available on our website at http://www.saclaw.org/pages/finding-people.aspx.

After all these attempts, if you are still unable to locate the other party, you may ask the court for permission for publish your summons in the newspaper. To do this you must complete an “Ex Parte Application for Order for Publication of Summons,” a “Memorandum of Points and Authorities,” a “Supporting Declaration,” and an “Order for Publication of Summons” for the judge’s signature. You must also obtain declarations from anyone else involved in the search for the other party. There are no fill-in-the-blank forms for these documents, which must be typed on 28-line pleading paper and otherwise conform to the California Rules of Court, starting with Rule 2.100, and any other local rules regarding the format of papers to be filed with the court. Luckily, the Law Library has prepared sample pleadings, and instructions for completing those pleadings, that you can download for free and adapt to your facts and circumstances at http://www.saclaw.org/pages/legal-research-guides.aspx. Scroll down and look for "Service by Publication: Step-by-Step."

Most often the reason a request for Publication of Summons is denied is because the court does not feel that adequate steps have been taken to attempt to find the person to be served. If the court grants the order to publish, however, your next step is to publish the Summons in a newspaper of general circulation in the location where the party was last known to reside. The newspaper will publish your Summons once a week for four weeks, then provide you with confirmation of publication. Pursuant to Government Code § 6064, service is deemed complete on the 29th day after the first date of publication. If the other party has not filed a response 30 days after the effective date for service, you may file for default against the other party. You will then be able to continue your case without the other party’s participation.

Coral Henning, Director
@coralh & @saclawlibrarian
www.saclaw.org

AB 109 brings new inmates and new challenges to county jail

2011-09-29T01:45:50Z

Sacramento county jails will receive more than 400 new inmates over the next three months, as a result of new state legislation that goes into effect Saturday – but Sacramento County Sheriff representatives say there’s no room for them, and no money to make room.

“It’s too soon to implement it,” Sheriff’s Department Spokesman Jason Ramos said Wednesday, referring to Assembly Bill 109 (AB 109), the new state realignment plan that shifts responsibilities for lower level offenders, adult parolees and juvenile offenders from state to local jurisdictions.

“There hasn’t been enough discussion, and funding isn’t guaranteed,” Ramos said.

California state prisons were designed to hold 79,858 prisoners. However, in 2010 they housed approximately 143,000 prisoners, prompting the U.S. Supreme Court to mandate that California must reduce its state prison population by 33,000 inmates by June 2014.

To comply with that mandate, Gov. Jerry Brown signed AB109 and AB111 into law April 4 setting in motion a realignment plan that state legislators hoped would not only reduce prison crowding, but would also save the state nearly $2 billion annually.

Sacramento County will receive approximately $13 million in funding over the next nine months from the state under the new realignment legislation.

“Realignment is a critically important step in reforming our ever more expensive and failed prison system,” State Senator Mark Leno (D-San Francisco) said Wednesday.

Realignment is a shifting of inmates – and responsibility for their care and keeping – from the state prison system over to local government.

Leno said the percentage of the state general fund spent on the Department of Corrections has increased from 5.3 percent to 11 percent in the past decade – but California still has a recidivism rate close to 70 percent.

“This very expensive system is not working,” Leno said.

Ramos said that with more than 400 additional inmates coming into the county system, there will be an increased burden on corrections personnel and a huge impact on public safety.

“Make no mistake about it: crime will increase,” Ramos said. “We have a statistical rate of recidivism, and with more offenders being released into the community, the crime rate will go up.”

All of those inmates won’t arrive at county jail at once, though, and some of the 400 are already in the county jail sentenced to transfer to state prisons that simply won’t get transferred.

Although Sacramento County Sheriff Scott Jones said he doesn’t want to release some inmates, Ramos said that without alternatives – or room for them – that will likely be the case.

Allen Hopper, an attorney for the ACLU of California, said Wednesday that the key to properly implementing AB109 is a change from a “lock ‘em up and throw away the key” mentality to encouraging counties to employ evidence-based practices to reduce recidivism.

Evidence-based practices are programs that have been proven in other parts of the country to change offenders’ behavior so that they do not become repeat offenders.

Only the lowest-risk inmates – non-violent, non-serious offenders who have committed non-sexual crimes – would be eligible for these evidence-based program sentences, according to Hopper.

According to a report from the ACLU released in June, some successful evidence-based practices have included alcohol and drug treatment services, job training programs and re-entry assistance to help parolees return to society as productive members of their communities.

“The new movement is to be smart on crime instead of just tough on crime,” Hopper said. It’s more than throwing an offender in jail – it’s about making it less likely that they will commit crimes again once they are released.”

But, Hopper says, the devil is in the details.

“Counties aren’t being provided the funding they really need to do this properly,” Hopper said. “It’s coming at a time of steep budget cuts and staff layoffs, and counties are under deep financial pressure.”

With realignment fully implemented by 2014, Leno said the amount of Department of Corrections spending will be reduced to 7 percent and the state will save $2 billion annually.

Those savings won’t reach the local level before new inmates do, and that creates significant challenges for counties – like Sacramento – where money is tight and empty jail cells are scarce.

Ramos said Sacramento county is considering sentencing alternatives that are already in place – such as in-home detention programs and electronic monitoring of released inmates – with the goal of expanding those options.

The county is also looking at re-opening the facility at Rio Consumnes Correctional Center in Elk Grove that the county closed due to budget cuts in May, Ramos said.

Ramos estimates reopening the Rio Consumnes Correctional Center will take $8 million of the $13 million in funding that the county will receive from the state, and expansion of the in-home detention program will take another $2 million.

“It’s mind-boggling,” Ramos said. “We only get funded for the first nine months, but we own the inmates for a lot longer – five, six or even seven years.”

County Supervisor Roberta MacGlashan said Wednesday that the county is very concerned about the implementation of AB 109, primarily due to the uncertainty of future funding.

MacGlashan said county supervisors believe that state constitutional protections are needed to ensure ongoing, dedicated funding for realigned programs.

“There is a tremendous interest in seeing guaranteed funding,” Leno agreed. “Gov. Brown said he will put a constitutional amendment on the November 2012 ballot, so (funding) will not be left to the vagaries of the budget process.”

Currently, legislation provides flexibility in how the funding counties receive for realignment is spent, Leno said, so counties have discretion to fund “alternative sanctions,” such as electronic monitoring, in-home detention and early parole.

“To the degree that county sheriffs use their funding wisely, they will get better results,” Leno said.

The best approach to implementation would be incremental, Hopper said – addressing the immediate need as counties are planning and starting up evidence-based programs.

“It’s really a matter of changing the mindset,” Hopper said.

“Incarcerating people for a long time is what we’ve done,” Hopper said. “We have to make a collective decision about whether or not we can afford to keep doing that.”

Meanwhile, MacGlashan said, the Board of Supervisors is awaiting the recommendations of the chief probation officer and the sheriff in early October for how AB109 will be implemented in Sacramento county.

Melissa Corker is a Staff Reporter for The Sacramento Press. Follow her on Twitter @MelissaCorker.

Lifelong resident celebrates milestone with PODS of Sacramento, continues support of local charities

2011-09-28T21:22:34Z

Brian Bills, a lifetime resident of Sacramento, celebrates one year with PODS Moving and Storage of Sacramento this month.

Bills, a territory manager at the company, is a graduate of American River College and California State University at Sacramento where he obtained degrees in marketing and recreation administration. He frequently donates his time and talent as a mobile disc jockey to fundraisers and nonprofits, providing entertainment and encouragement for participants.

Upon arriving at PODS, Bills quickly aligned many of his favorite local charities with the company to provide onsite storage and logistics, helping further their mission to help others. Annual events that PODS supports include Susan G. Komen Race for the Cure, CHiPs for Kids, Toys for Tots, Coats for Kids and many more throughout the year.

Married with 4 sons, Bills said one of the most rewarding aspects of his job is working one-on-one with customers and recommending services to fit their individual moving or storage needs.

“With PODS, we have a product and service that can easily be used to move someone across town or across the country and also to give back to the community or have our storage containers available for emergencies, fundraisers, toy drives and more,” Bills said.

The franchise, owned and operated by Storage Mobility, Inc., opened the Sacramento franchise in 2004 and employs a staff of six. It maintains a 42,600 square-foot storage center at 6271 Florin Perkins Rd., Suite 200. For more information, call 888-730-7637 or visit http://www.podsus.com.

Storage Mobility has 21 franchise locations and is the world’s largest independent provider of PODS Moving and Storage services for residential and commercial customers in the U.S. Areas served include California, Colorado, New Mexico, Idaho, Nevada, Utah, Washington, Pennsylvania and New York.

Founded in 1998, PODS currently provides moving and storage services to a population of more than 250 million consumers and businesses, in 48 U.S. states, Canada, Australia and the UK, through its company-owned and independent franchise network. To date, the PODS network has completed more than 310,000 long-distance relocations, exceeded 1.8 million deliveries and has nearly 143,000 PODS® containers in service.

Disclosure: Disclosure: Tina Vervoorn is a Public Relations Manager and Social Media Associate at Consortium Media Services, representing Storage Mobility, Inc. and PODS of Sacramento.

Ask the County Law Librarian - Dogs in Public Places

2011-09-22T23:08:19Z

Q. I have been seeing an increasing number of people who take their dogs everywhere: cafes, restaurants, flights, bookstores, libraries. At first I thought only service dogs were allowed in these types of situations, but most of the dogs have nothing that identifies them as service animals, and some of them look too small to be of any help to the owners! Is this legal in California?
-Mason

A. As with many other legal questions, the answer to this question is “it depends.” The laws and regulations regarding dogs in public places vary based on many factors, including federal and state laws and regulations, local ordinances, the businesses’ policies, and the dogs (and owners!) themselves.

If the dog is indeed a service or assistance animal, then the Americans with Disabilities Act (ADA) and California Civil Code Section 54.2 guarantees disabled owners and their dogs access to public places such as restaurants, stores, movie theaters, and libraries. Contrary to popular belief, service dogs are not required to wear any identifying equipment or tags, nor are their owners required to carry documentation of their status. In the same vein, owners or employees of public places are prohibited from inquiring about the owner’s disability or the dog’s training. If the dog’s purpose is not obvious, they are allowed to ask a) if the animal is required because of a disability and b) what tasks it is trained to perform. (28 C.F.R. § 36.302.) A public accommodation’s requirement to accept service animals is enforced by the Department of Justice. For information on this issue, go to http://www.ada.gov/service_animals_2010.htm.

It’s not unheard of for people to take advantage of the above laws by claiming their dogs as service animals. Many businesses prefer to avoid confrontations or legal issues that might come with an inquiry and will look the other way if the occasional Yorkshire terrier or teacup Chihuahua accompanies its owner into the establishment; some businesses may be dog-friendly. If the dog is not a service animal, then other state laws and regulations, as well as local ordinances, come into play. For example, many state health codes have laws that prohibit animals from being in food service establishments due to possible contamination and public hygiene, and local ordinances have the authority to restrict animals from such places even if state law does not. It’s best to check both the state code and your local county and city codes for any such prohibitions. You can find these resources at your local public law library or on the Internet. To find the law library nearest you, go to www.publiclawlibrary.org.

In other places, like theaters, malls, or small businesses, the issue is often dependent on the company’s policy or the owner’s personal preference. Before you visit an establishment, contact the owner to ask if they allow dogs (on a leash, of course). Websites like www.dogfriendly.com allow dog owners to scout out places that accept dogs, although keep in mind that some jurisdictions have enacted breed-specific laws. For more information on this topic and other dog-law issues, we suggest Every Dog’s Legal Guide: A Must-Have Book For Your Owner, published by Nolo Press. If you live in California, another helpful resource is Nolo’s Guide to California Law, specifically the chapter on dogs (pg. 171).

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Ask the County Law Librarian - Suing the Government

2011-09-15T20:36:51Z

Q-
I want to sue the State of California, the County of Sacramento, the City of Sacramento, and any other state or local government entity that was involved in depriving me of my civil rights in an incident last March. I was talking about my plans with my cousin, and she told me the statue of limitations was six months. I thought the statues were longer than that--years, not months. Irregardless, I'd better get started--so how do I sue the State?

Trinity

A-
Thanks for your question. Bringing an action against a public agency or its employee presents special procedural requirements. Before a lawsuit or complaint can be filed with the court, the injured party must first file a claim with the government agency. The agency will typically conduct an investigation and either agrees with your allegations and settles the matter with you or disagrees, and rejects your claim. Once the claim is rejected, you will be notified in writing that you can pursue the matter in court. This is often called your “right to sue letter”. According to the California Government Code section 945.6, you will need to sue within 6 months of receiving the letter, but other “statute of limitation” sections may apply, particularly if you do not receive the written letter.

For your claim, the California Government Code section 910 sets forth the requirements for the required contents of the claim. However, in order to help people comply with this section, “fill in the blank” claim forms are provided by many government agencies and are often available on the internet. For example, claim forms for the State of California, the City of Sacramento, and the County of Sacramento are all available online. For other local government agencies, the law library has put together some information on finding other Government and Police claims.

If the agency you are hoping to sue does not have a claim form available, you can always draft your own using samples here at the law library. I would suggest looking at book called California Government Tort Liability, a practice guide published by CEB. It is a great place to start your research into this area of law, particularly since there are specific time limitations for filing a claim and many immunities within the act which you will want to take a look at. Finally, once you get your right to sue letter, you are ready for the next step: to file a lawsuit in court.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Ask the County Law Librarian - Patenting Recipes

2011-09-08T22:31:38Z

Q: I recently opened a bakery where I use recipes that have been in my family for generations. I’m worried about my competitors getting a hold of these recipes, and using them in their own bakeries. Can I patent my recipes, to keep them from being used elsewhere?
Thanks!
Arielle

A:
Recipes can be patented, as long as they meet the requirements that apply to any other type of invention. There are several basic requirements you will need to meet in order to patent your recipes.

First, your recipe must fall into one of the patentable subjects described by Federal law. To be patentable, your invention must be a "new and useful" process, machine, manufacture or composition of matter. The US Supreme Court has ruled several times that the only categories of things that cannot be patented are laws of nature, natural phenomena, and abstract ideas. Generally, recipes would fall into one of the patentable categories.

Federal patent law also requires that your invention be useful. As long as your invention is capable of achieving a useful result, it will meet this requirement. A delicious baked good is, in my opinion, a useful result.

The next two requirements are usually the biggest hurdle to obtaining a patent. Federal law requires that your invention be “novel” and “nonobvious.” “Novel” means that it has some significant physical or methodical differences from all prior inventions that are publicly available before the date of your invention or more than one year before your patent application. “Nonobvious” generally means that someone who is skilled in the particular field would consider the invention to be an unexpected or surprising development. It cannot be just the next logical step or change to an existing patent.

These two requirements may be a problem for you in patenting a recipe. To meet the “novel” requirement, you will need to prove that your recipe is significantly different than any other recipe that came before yours, and that was not publicly known more than one year before you apply for the patent. If your recipe has been in your family for generations, chances are it’s been publicly known for years. For your recipe to be “nonobvious” it will need to include something that would surprise skilled chefs. Simply adjusting ingredients and measurements will not likely be enough to make your recipe nonobvious.

Federal law also limits patents to the inventor or discoverer. This means you can only patent your own recipe. You probably cannot patent your grandmother’s recipe, since you did not write it yourself.

After reading all this, you may decide that a patent doesn’t suit your situation, and wonder how you can protect your recipes from other bakeries. Companies like Coca-Cola and KFC rely on trade secret law to keep their secret recipes out of the hands of competitors. A trade secret can be anything that gives you a competitive advantage, such as a special recipe or formula. To be considered a trade secret, you must take steps to prevent competitors and the public from accessing your recipe. Unlike a patent, there is no application process for a trade secret. Instead, you just take reasonable precautions to keep your information secret, like keeping your recipes locked away when not in use, or having your employees sign a nondisclosure agreement. The Uniform Trade Secrets Act prevents others from copying, using, or benefitting from your secret without your permission. If anyone steals or divulges your trade secret, you can ask the court to issue an injunction preventing further disclosure or use of your trade secret. This law does not protect against people “discovering” your secret, by reverse engineering your recipes, though. The Nolo Press website offers more information about trade secrets.

Coral Henning, Director
@coralh & @saclawlibrarian
www.saclaw.org

Live Supreme Court Oral Arguments in Prop 8 on The California Channel

2011-09-02T22:12:25Z

On Tuesday, September 6, 2011 at 10:00 a.m. PT, The California Channel will carry LIVE coverage of the California State Supreme Court oral arguments in Perry v. Brown. California residents can watch the arguments online at www.calchannel.com or on their local Cal Channel cable station.

The arguments will center on whether state law gives sponsors of the gay marriage ban the right to defend the measure in a case now pending before the U.S. Circuit Court of Appeals for the Ninth Circuit, based in San Francisco.

Proposition 8, enacted by California voters in 2008, prohibits same-sex marriage by providing that "only marriage between a man and a woman is valid or recognized in California."

Last year, the initiative was struck down by U.S. District Judge Vaughn Walker of San Francisco on the grounds that it violated the federal Constitution. State officials declined to appeal. As a result, the official proponents of Prop 8 are now pursuing an appeal on their own.

The California State Supreme Court has never before ruled on whether initiative sponsors can replace state officials in appealing court decisions.

This proceeding will take place at the Supreme Court’s Courtroom, Earl Warren Center, 350 McAllister St., San Francisco.

About the California Channel
The California Channel is an independent, non-profit public affairs cable network governed by California's cable television industry, and modeled after the national C-SPAN service. The channel’s primary mission is to provide Californians direct access to "gavel-to-gavel" proceedings of the California Legislature, and other forums where public policy is discussed, debated, and decided - all without editing, commentary, or analysis and with a balanced presentation of viewpoints.

To view streaming and archived video, or to learn on which station the California Channel is carried within your local cable system, visit www.calchannel.com.

Disclosure: Shay Humphrey, Project Manager at Circlepoint, is a communications consultant for The California Channel

March of unity against Med Center district move

2011-09-02T07:28:40Z

About 150 people marched through Oak Park Thursday in a “unity march” to fight against the City Council’s proposed redistricting map that would move the UC Davis Med Center out of Oak Park’s council district.

“The purpose for tonight is to try to find a hero in this whole controversy, and by that I mean someone who will find a real compromise,” said Michael Boyd, president of the Oak Park Neighborhood Association.

The marchers Thursday night walked from the intersection of 34th Street and Second Avenue to the Med Center, chanting slogans and carrying signs along the way as police blocked the streets and kept a clear path.

Residents of Oak Park have repeatedly made their voices heard at City Council meetings in recent weeks, even setting a record for number of speakers, according to Mayor Kevin Johnson.

The OPNA organized the event, and Boyd said he wants to see the council set up a committee ideally involving the two council members – Kevin McCarty and Jay Schenirer – as well as representatives of Elmhurst and Oak Park, and possibly Tahoe Park. The committee would strive to find a compromise all could agree upon.

The redistricting map currently under consideration would move the UC Davis Med Center from Schenirer’s District 5 to McCarty’s District 6, a move Johnson’s special assistant, R.E. Graswich, has called “a power grab.”

McCarty has defended the move of the Med Center to his district, saying that the Elmhurst neighborhood in District 6 is more “attached” to the Med Center area than Oak Park, and that, logically, the Med Center area should be overseen by the same council member who represents Elmhurst.

Boyd said he hoped to draw residents from beyond Oak Park to the march, adding that the issue is broader than one neighborhood.

One marcher, 62-year-old South Sacramento resident Susiana Donaldson, said she came to support Oak Park, where she attends church.

“It’s important for me that the people in power listen to us,” she said. “We are the ones who put them there. We’re the reason they’re in office.”

Retired teacher and Oak Park resident Linda Brewer said she is upset at what she sees as council dealmaking without the public in mind.

“I’ve been to the City Council meetings twice, and I’m going to be going back,” she said. “We think this whole process has been decided behind closed doors, out of the public eye.”

Councilwoman Angelique Ashby made an appearance, saying she wanted to show that she is listening to the marchers.

“I support anything that brings the community together,” she said. “They’re really united.”

A spokesman for Johnson told The Sacramento Press Thursday that the mayor is supportive of the group’s efforts.

Schenirer, marching at the head of the column down Second Avenue, said he came out to support the neighborhood.

“The council has taken the wrong action here,” he said. “I hope to see it corrected.”

None of the six council members who voted for the proposed map – McCarty, Sandy Sheedy, Bonnie Pannell, Darrell Fong, Rob Fong and Steve Cohn – were present at the march.

Oak Park resident David Moen, 52, expressed a common feeling of frustration among the marchers.

“We have a group of people really trying to make (Oak Park) a neighborhood, and we feel like we’re being kicked to the dirt again,” he said. “It’s really depressing.”

Brandon Darnell is a staff reporter for The Sacramento Press. Follow him on Twitter @Brandon_Darnell.

Ask The County Law Librarian - Digital Afterlife

2011-09-02T02:18:04Z

Q. My 32 year old brother died recently in a motorcycle accident. He doesn't have much in the way of assets but he does have a Facebook account with lots of photos and a Twitter account that reflects all of his musings. Is there a way for me to get access?

A. The companies that have created the most popular places and tools for online expression have specific policies usually buried in "Terms of Service Agreements" and often involve some effort, like providing a death certificate. Facebook offers to "memorialize" the profile when an individual dies. It deactivates certain features and resets various privacy controls, converting the account to a place where friends can leave remembrances. The process doesn't give much direct control to any heir or executor of the content.

Twitter offers a full archive of a deceased user's tweets to their survivors.

Gone are the days you inherit a physical scrapbook or a diary and this has inspired a variety of entrepreneurs to create startups that manage the details of your digital afterlife. These services store passwords and document your wishes for who gets access to what accounts into a kind of adjunct to a traditional will. The digital beyond lists such services.

There is even a book on this topic: Your Digital Afterlife: When Facebook, Flickr and Twitter Are Your Estate, What's Your Legacy by Evan Caroll and John Romano.

I am sorry for your loss and hope accessing these accounts preserves your brother's legacy.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Live Judicial Confirmation Hearing Featured on The California Channel

2011-08-31T18:08:41Z

On Wednesday, August 31, The California Channel will provide viewers with live coverage of the Judicial Confirmation hearing for Governor Jerry Brown’s proposed judicial appointee, Professor Goodwin Liu, as Associate Justice of the California Supreme Court.

The hearing will begin at 3:00 p.m. at the California Supreme Court Courtroom in San Francisco. The entire hearing will be broadcast live by your local cable provider and webcast live at www.calchannel.com. After the event, the archived video will be available online.

The appointment of Professor Liu, professor of law at University of California Berkeley School of Law, will fill the vacancy created by the retirement of Associate Justice Carlos R. Moreno, who left the court effective February 28, 2011.

For Media
The live webcast of this event and carriage information can be found on The California Channel website, www.calchannel.com.

To view streaming and archived video, or to learn on what station the California Channel is carried on your local cable system, visit www.calchannel.com.

Disclosure: Shay Humphrey, Project Manager at Circlepoint, is a communications consultant for The California Channel

Ask the County Law Librarian -- Public Access to Mug Shots

2011-08-25T19:46:42Z

Q. Is it possible to obtain an individual's booking photo using the booking number at a County jail?

Thank you,

Rebecca

A. There are several reasons a person might want to see booking photos (also known as “mug shots”). They are a popular part of news stories on crime, especially when celebrities or particularly newsworthy crimes are involved. In some cases, a person may want a photo to help them identify a person who may wish them harm, but whose appearance may have changed. Academic or other studies may be another potential use for booking photos.

Although a few police or sheriff’s departments routinely release booking photos, and some even post them online, in many cases they are reluctant. You can start by simply contacting the sheriff department or jail records department and requesting the photo. You may find, however, that many—including the Sacramento county jail—will not release them in response to a simple request.

Your next step could be to file a request under the California Public Records Act (California’s equivalent to the Freedom of Information Act). The CPRA (California Government Code Sections 6250 through 6276.48) requires public agencies to permit inspection of their records.

According to the advocacy group First Amendment Coalition, it’s unclear under California law whether the police are required to release booking photos.

Booking photos are a “public record” (“any writing [including photographs] containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency”). (Cal Government Code 6522(e).)

However, records of investigations and investigatory files compiled by law enforcement agencies are exempt from the CPRA requirements. (Cal. Government Code 6524(f).) In 2003, the California Attorney General issued an opinion that mug shots fall within this exception. 86 Ops. Cal. Atty. Gen. 132, 135 (2003). As a result, law enforcement agencies may, but are not required to, disclose them. Attorney General opinions do not have the force of law, but courts tend to give them great weight when deciding a legal question for the first time.

The 6524(f) exemption itself has an exception: the agency must release the arrested person’s “physical description including date of birth, color of eyes and hair, sex, height and weight,” in addition to the name of the person and information about the circumstances of the arrest. The First Amendment Coalition suggests that “[o]ne could argue that a booking photo falls into this category of records that must be released, since it does no more than visually show information that a law enforcement agency is required to release anyway.”

To use the CPRA to get a booking photo, your first step is to write a request letter. The First Amendment Coalition has a sample of what such a letter should include.

If the letter does not work, you can try re-filing the request with a higher-up official, or you can file a lawsuit to enforce your CPRA rights right away.

If you file a lawsuit, and the court agrees that the records should have been released, you are entitled to reimbursement of your fees and any attorney costs. The First Amendment Coalition has a useful page on filing such a lawsuit. They also offer a Find-A-Lawyer service to match potential litigants with First Amendment specialists, sometimes at reduced rates.

Do you have a question for the County Law Librarian? Just email sacpress@saclaw.org. If your question is selected your answer will appear in next Thursday's column. Even if your question isn't selected, though, I will still respond within two weeks.

Coral Henning, Director
@coralh & @saclawlibrarian
www.saclaw.org

Bill Maher: Stand-up Standup

2011-08-22T02:01:15Z

Bill Maher took over an hour and a half to do it, but in the end he gave every single one of the 2,422 audience members at least one opportunity to be offended.

His genius lies in the fact that every single fan was laughing too hard to notice – or to care.

Maher has inherited the essence of Will Rogers and Mark Twain. He channels Richard Pryor and George Carlin. He is the crazy uncle in the attics of Jon Stewart and Stephen Colbert. And once he gets going, no one is exempt from his biting, incisive wit.

Friday night’s sold-out show at the Sacramento Community Center was a nonstop roast of all that is absurd in America today.

Maher is well known as the host of the weekly political comedy talk show “Real Time with Bill Maher” on HBO, and his previous show, “Politically Incorrect,” ran from 1993 to 2004. His 2008 documentary “Religulous” exposes the hypocrisy and contradictions of the business of religion across the spectrum of belief. And he's been doing stand-up since 1979. There are sacred cows on Maher’s barbeque every night.

This guy knows about political humor.

From the moment the slight man with longish, graying hair stepped onto the bare stage, he owned the place. The audience roared with laughter as Maher delivered line after line skewering the Tea Party, the GOP presidential hopefuls, religious fanaticism and even President Obama, for whom he voted but in whom he is greatly disappointed. He is an equal-opportunity comedian.

Maher is a concerned environmentalist, a strong supporter of gay marriage and backs both the legalization of marijuana and the death penalty. He is a man of strong convictions, and he is absolutely forthright about them. The light he shines on the absurdity and the shamefulness of the current political and economic state of the nation reveals how much he cares about his country. He holds us to a higher standard of integrity about the importance of political knowledge and involvement in all of our lives.

And he’s damned funny doing so.

Ask the County Law Librarian – How to Stop Wage Garnishment

2011-08-18T17:34:54Z

Q. I just got a default judgment against me by a credit card company. I didn’t bother answering the summons and complaint because I figured I didn’t have any defenses—I spent the money but couldn’t pay the bill. A friend told me they could go after my wages, now, though, and take 25% of them until my credit card bill is paid. I don’t make that much money; we live paycheck to paycheck and I can barely afford to feed my family and pay my rent and other bills, which is how I got into this problem in the first place. Can they really take a quarter of my paycheck? Is there anything I can do about this now?

Jin

A. You could attempt to obtain “relief” from the default judgment, but you must prove you had a specific reason under California law, for example, “excusable neglect” under the Code of Civil Procedure § 473(b), for a court to grant relief from a default judgment. Forgetting about the lawsuit, being too busy to properly respond, or being unable to afford an attorney are not grounds for excusable neglect. You also must show that you have a meritorious defense to the original case. Given what you said in your question, it doesn’t sound like you would be successful pursuing relief from default, but you should read the Legal Resource Guide about the process on our website at http://www.saclaw.org/pages/relief-from-default.aspx, so you know all the options.

A judgment creditor can go after your bank accounts and other personal property, your real property, and even put a lien on a lawsuit you have against someone else. You can read about those measures on the California Court’s Self-Help Website at http://www.courts.ca.gov/1179.htm. “Wage garnishment,” however, is probably the most popular method creditors use to collect judgments, because it is the quickest and easiest. A creditor can garnish, or take, up to 25% of the amount you earn over the federal minimum wage, unless part of your paycheck is exempt under other rules.

In order to garnish your wages a creditor must ask the court for a Writ of Execution, which is an order directing the Sheriff to enforce the judgment in your case in the county where your assets are located, and an Earnings Withholding Order (EWO). Once granted, the Sheriff serves your employer with the EWO, which requires the employer to pay part of your earnings to the Sheriff. Once your employer instructs you that they have received an EWO you have 10 days in which to file your Claim of Exemption and a Financial Statement with the Sheriff’s department listed on the EWO. There is nothing you can do until your employer receives the EWO.

A Claim of Exemption is the form you must file with the Sheriff to explain why some or all of the wages the creditor wants your employer to garnish should be exempt (excluded). Enforcement of Judgments, Form EJ-155, lists most of these exemptions.

Your employer will hold on to the money garnished until either: 1) 10 days go by and the creditor does not oppose your claim of exemption; or 2) the judge makes a decision on the claim of exemption. If the creditor does not oppose your claim of exemption, you employer will return the wages to you.

If the creditor opposes your claim of exemption, you will receive a Notice of Opposition to Claim of Exemption and Notice of Hearing on Claim of Exemption that will set a court date for a judge to make a decision, probably within the month. If the judge agrees with your claim of exemption, you will get your money back. If the judge agrees with the creditor, your employer will send the money to the creditor every month until your judgment is paid in full.

The court reviews all oppositions to claims of exemptions and makes a Tentative Ruling on whether to allow a claim the day before the scheduled hearing. These Tentative Rulings are posted and available for viewing after 2:00 p.m. on the day before the scheduled hearing. The tentative ruling will become the final ruling on the matter unless either party asks for the hearing to be held. If you would like the judge to hear oral arguments, you must notify the other party, the other party's attorney, and the department clerk of your intent to appear at the hearing no later than 4 p.m. the day before the scheduled hearing. If you do not give this notice, your hearing will be taken off the schedule and the tentative ruling will become the final ruling of the court. For more information on the Court’s Tentative Ruling System and how to view the tentative rulings, see the Legal Resource Guide on our website at http://www.saclaw.org/pages/tentative-rulings.aspx.

Coral Henning, Director
@coralh & @saclawlibrarian
www.saclaw.org

Ask the County Law Librarian - Parole Records in California

2011-08-11T21:33:03Z

Q. How would I find out the parole status of a person in Riverside County? They were recently put on parole after violating probation a number of times.

-Barbara

A. It depends on what you mean by “status,” but there are resources that might help answer your question. The California Department of Corrections and Rehabilitation (CDCR) has some helpful web pages on the parole process in California, including the Parolee Information Handbook. This handbook includes descriptions of parole conditions or requirements (page 9) and common parole definitions (page 8). For example, the conditions of parole are written rules the parolee must follow. When one’s conditions and parole period (time one must spend on parole) have been satisfied, one is discharged from parole. All parolees in California have an identifying CDCR number that can be searched in private (law enforcement personnel only) and public databases.

So, what segments of a parolee’s record are public information? Very few, as it turns out. A person’s parole conditions and parole period are confidential and can be accessed by only the parolee and his or her parole agent; this type of information usually cannot be found in the public record. What can be found in the public record is the following data: the parolee’s full name, CDCR number, prison, and, depending on the jurisdiction, case records that may contain pertinent charging and sentencing information. You can find a person’s CDCR number or full name through the Inmate Locator.

Depending on the county, your local courthouse may be able to provide more information in the form of criminal records, case documents, or a brief case history. Sacramento County, for example, offers a case index that, upon entering a person’s name, provides a skeletal history of each case that person was involved in, including charges, pleas, hearings, and the sentence. Local services will vary from county to county, so be sure to consult your local superior court for more information. You can also try contracting the local parole unit if you know the area in which the parolee was sentenced. And, for more information on obtaining criminal records in California, see Ask the County Law Librarian- Criminal Background Checks.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Ask the County Law Librarian - Serving Legal Documents to a P.O. Box

2011-08-04T20:29:15Z

Q-
I am involved in a court case and need to serve legal documents and the only address I have for the other person is a mailbox at a UPS store and someone told me that I can’t serve a P.O. Box, is that true?
Joseph

A-
The answer depends on what type of P.O. Box you are trying to serve. If it is an actual post office box that is offered by the federal government, through the United States Post Office, then it cannot be served. However, according to the California Business & Professions Code § 17538.5, you can serve a Commercial Mail Receiving Agency (CMRA) which is commonly referred to as a “post office box” even though legally it is not. CMRAs offer private mailboxes, and these are technically not P.O. boxes. If you know that the person you are suing has a mailbox with a commercial mail receiving agency, you do have the option of serving the agency location with copies of your legal papers.

You are able to serve a commercial mail receiving agency because when a customer rents a private mailbox at one of these agencies, California law requires that they sign an agreement which authorizes the CMRA owner or operator to act as agent for service of process for the mail receiving service customer.

Even if the person you are suing has terminated their private mailbox, California law requires that CMRAs accept service of process for and on behalf of any of their mail receiving service customers for two (2) years after termination of any mail receiving service customer agreement. So you may be able to serve the owner or operator of the CMRA within two (2) years after end of the private mailbox rental agreement.

Below are some general steps for serving a CMRA:

1. You must verify the location of the private mailbox. Contact the U.S. Postal Services office and ask for the location of the box. This has the added benefit of allowing you to verify that this box does indeed belong to a CMRA, and is not a federal post office box, which cannot act as agent for service of process.
2. Ask a friend, process server, sheriff, or anyone over 18 years of age and not a party to the case to serve the CMRA owner or operator with copies of your claim.
3. Though not required by law, it is always a good idea to mail a copy of the plaintiff’s claim to the private mailbox itself.
4. The CMRA will send all documents by first-class mail to the last known home or personal address of the mail receiving service customer. Make sure to serve the CMRA at least fifteen (15) days prior to your hearing date.
5. File a completed Proof of Service form with the court clerk five (5) days before your hearing date.

Check out the law library’s Legal Resource Guides for more information on serving your papers.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Congresswoman Matsui Announces $148K in Federal Funds for Crocker Art Museum

2011-07-29T18:49:28Z

Today, Congresswoman Doris Matsui (D-Sacramento) announced that the Crocker Art Museum has been awarded a federal Museums for America grant of $148,441 by the Institute of Museum and Library Services (IMLS). These funds can be used for a wide variety of projects, including research, planning, and new programs and activities that support the efforts of museums to integrate new technologies.

“The Crocker Art Museum is one of the jewels of Sacramento, and this grant announcement is great news for our region,” said Congresswoman Matsui. “The federal funding will further enable the Crocker to provide valuable programming for Sacramento families, and to be a catalyst for our local arts scene.”

Museums for America is the IMLS’s largest grant program for museums. These grants help support ongoing projects and activities that increase a museum’s ability to engage with and serve their surrounding community. Today’s funding will help support the Crocker Art Museum’s “All About Families” initiative, which is increasing the Crocker’s ability to engage family audiences by helping to build staff knowledge and skills to meet the needs of families and ensuring that exhibits and programs respect many voices and perspectives.

Lial A. Jones, Mort & Marcy Friedman Director of the Crocker Art Museum, remarked, “Ensuring that the Crocker Art Museum is a vital resource for all families in our community is critical to the Museum’s mission. We are thrilled to receive support from the Institute of Museum and Library Services to strengthen our ‘All About Families’ initiative and to help us further our understanding of how we can better serve families in our region.”

The IMLS received 481 applications for Museum of America grants this year, and were able to fund 160 projects. Grantees are required to provide at least a 1:1 match; the Crocker will provide matching funds in the amount of $249,999.

Disclosure: Mara Lee is Communications Director for Congresswoman Doris Matsui.

Ask the County Law Librarian - Calculating Child Support

2011-07-28T18:41:58Z

Q: My ex and I were divorced many years ago, when we were both working at different jobs than we have now. Teenage boys are very expensive, and more child support would really help! I don’t know if it’s worth the hassle of all the paperwork, though, if the support amount won’t change much. Is there any way for me to estimate how much the new order would be?
- Rachel

A: Typically, child support orders can be modified anytime circumstances change, such as unemployment or job promotion. If it’s been several years since your support was determined, and if you’re working at different jobs, it’s very possible that your support order can be modified.

California has a statewide guideline for calculating how much child support should be paid. These guidelines are outlined in California Family Code section 4055. The formula is fairly complex to calculate by hand, but luckily, the website of the California Department of Child Support Services has an online child support calculator to help you. This is the official calculator used by Family Court Commissioners.

The amount calculated using the formula or the calculator is only a guideline. The court takes into account many factors when determining child support. The main factors are discussed on the California Court's Self-Help website's Child Support page.

The family law Self-Help Center may be able to help you with your support questions. They can't represent you in court, but they may be able to help you with selecting and completing the proper forms to modify your child support order. The Self-Help Center is located in Room 113 of the William R. Ridgeway Family Relations Courthouse and is open Monday through Thursday from 8:30 a.m. to 4:00 p.m., excluding court holidays.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

We Won the Vote! 100 Years of Equal Suffrage in CA Exhibit Inspires

2011-07-11T17:04:58Z

“Freedom has not come as a gift, but as a triumph.” –Alice Paul

The 1911 victory for California women made California the sixth state to win equal suffrage for women. The California win doubled the number of women who could vote in the United States, building electoral power and support for the 1920 passing of the 19th amendment, which would give all women in the country the right to vote.

The Sacramento History Museum has unveiled a unique and wonderfully elaborate exhibition detailing the long struggle women fought to win the vote, not only in California but in all of the United States, aptly titled “We Won the Vote! 100 years of Equal Suffrage in California.”

The exhibit displays true gems of a different time, including original letters from Susan B. Anthony, original artwork by Selina Solomons, a variety of women’s suffrage posters and many examples of anti-suffrage paraphernalia, which, from a modern perspective, seems humorous in its stereotypically pre-feminist ideology, but it serves as an important reminder of where modern day society has come from. One such example, a vintage valentine, affectionately inscribed, “Some long for votes & women’s rights, and shout with great ado; I’d be content with a cozy home, a fireside, and you.”

As you make your way through the many displays, you are faced with pictures of early feminist heroes: Alice Paul, Lucretia Mott, Elizabeth Cady-Stanton, Susan B. Anthony, Sojourner Truth and many others. An original photograph from the Seneca Falls Convention of 1848 hangs in a case, immortalizing the women who began the over-70-year struggle to gain the right to vote. It is alongside original pamphlets, banners, sashes and buttons which accessorize the display beautifully.

While the entire exhibition is inspiring, perhaps the most moving displays are the audio bits from movement greats Helen Valeska Bary, general secretary for the Political Equality League of California during the 1910-1911 campaign; Jesse Haven Butler, investigator for the U.S. Department of Labor; Miriam Allen de Ford, a soap-box speaker from Philadelphia; and Ernestine Hara Kettler, arrested for picketing in front of the White House in 1917.

The recollections of the movement, told by voices affected by time, spoken by women who truly dedicated their lives to a movement, and in some cases martyred themselves for the cause, leave quite an impression.

This exhibition should serve not only as a visual history of the women’s suffrage movement, but also as a reminder that the freedoms we enjoy today and oftentimes take for granted, were won by the hard work and organization of many, the dedication of lives and truly the blood, sweat and tears of our foremothers and forefathers. See for yourself and be inspired.

The We Won the Vote exhibition will be on display at the Sacramento History Museum through mid-September and will then move to the State Capital Museum, where it will be on display from Oct. 1 to Sept. 30, 2012.

Ask the County Law Librarian - "Safe & Sane" Fireworks on New Year's Eve?

2011-07-07T21:16:13Z

Q. Hello,

I found your website and I have a question about fireworks. I happen to have been born on New Year's Eve and always thought it would be fun (weather permitting) to have some of the Red Devil fountains to light . . . I guess they are called safe and sane now . . . in my day, that meant Red Devils!

So, is it legal to set off California legal fireworks any time of year? If not, would I need a permit or something? Also, is it legal to purchase fireworks online, as long as they meet a safe and sane standard?

Also, I would most likely be celebrating with friends in Citrus Heights . . . does that make a difference?

FYI, we would either use the street, or the driveway. I'm totally willing to get oil drip pans and fill them with clay cat litter to catch the sparks. We always have a bucket of water, a hose and a fire extinguisher handy.

Thanks! Any help would be greatly appreciated.

Pamela

A. Hi Pamela!

Nice to see that someone else is concerned with safety when it comes to handling fireworks. Personally, I think “safe and sane fireworks” is an oxymoron, but I realize I am in the minority.

According to the California Code of Regulations, a license isn’t required for the use or discharge of “safe and sane” fireworks. 19 CCR § 981. The specifications for “safe and sane” fireworks is set forth in 19 CCR § 986.6. You can search the California Code of Regulations at http://ccr.oal.ca.gov/linkedslice/default.asp?SP=CCR-1000&Action=Welcome.

California “State Fireworks Law” limits the time period for legally selling “safe and sane” fireworks to between noon June 28 and 10 p.m. July 6th of the same year. California Health & Safety Code § 12599. The state law does not seem to limit the time of year you can set off fireworks; however, “nothing in the State Fireworks Law authorizes the sale, use, or discharge of fireworks in any city or county where that sale, use, or discharge is otherwise prohibited or regulated.” California Health & Safety Code § 12541.

Both the County of Sacramento and the City of Citrus Heights prohibit the possession, sale, use, display or explosion of any fireworks with two exceptions: certain public displays with the written permission of the fire chief that take place under the supervision and direction of a state-licensed operator; and the sale, use or discharge of “safe and sane” fireworks to noon June 28 and 10 p.m. July 5th of the same year. Sacramento County Code § 4.54.320; Citrus Heights Code of Ordinances § 38-68. You can search the Citrus Heights Code of Ordinances at http://library.municode.com/index.aspx?clientID=13326&stateID=5&statename=California.

So, no “safe and sane” fireworks display on New Year’s Eve in Citrus Heights. As for purchasing them online, the State Fireworks Law provides that “it is unlawful for any person to sell or transfer any safe and sane fireworks to a consumer or user thereof other than at a
fixed place of business of a retailer for which a license and permit has been issued.” California Health & Safety Code § 12681.

I’m sorry, Pamela. Don’t worry, though, I’m sure you will have a Happy Birthday anyway—it is the law of safety karma.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Ask the County Law Librarian - Swimming Pool Safety Laws

2011-06-30T23:25:07Z

Q: I recently purchased a home in a nice, family-oriented neighborhood. My neighbors to the left of me have a large swimming pool, which their young children and the children’s friends frequently play in. I’ve noticed that the pool doesn’t have any sort of barrier around it. Isn’t there a law that states pools must have a surrounding fence to protect young children from an accidental drowning? If so, is it my duty to report them?
-Rick

A: With summer upon us (finally!), it’s certainly true that pool owners should be especially vigilant in regard to pool safety measures for children. Laws and regulations concerning pool safety will vary depending on the state and county in which you reside, so be sure to conduct legal research in the appropriate jurisdiction.

In California, Section 115922 of the California Health & Safety Code requires that private pools built or remodeled after 1998 feature at least one of seven safety devices, specifically: an isolating enclosure or barrier; approved mesh fencing; an approved pool cover; an alarm on each house door that accesses the pool; a “pool-use” alarm that notifies the home owner when someone has entered the water; and any other device that offers equal to or greater protection than the previously listed features. Be sure to read the official code section for further details.

Counties and cities may impose further requirements, as long as those requirements do not conflict with state law. Section 15.64.070 of the Sacramento City Code, for example, requires that new or remodeled pools be enclosed by fences with self-latching gates. Homeowners that fail to take this precaution may be cited for an infraction, per section 9.16.090. To be thorough, consult both the city and county codes in your area: according to Chapter 16.18 of the Sacramento County Code, a violation of the County’s Swimming Pool Code (Chapter 16.36) could lead to a citation for nuisance.

Keep in mind that many current “swimming pool laws” were enacted fairly recently and may apply only to new or remodeled pools. Your neighbor’s pool may not be subject to these requirements, so it’s best to gather all the facts before acting. If you live within the city limits of Sacramento, believe your neighbor’s swimming pool to be in violation of the city code, and would like to report it, you can file an online Code Violation Complaint or call 311.

For more information on pool safety requirements, precautions, and helpful resources, you can read the Sacramento County Public Law Library’s Everyday Law article on Swimming Pools, or visit the California Department of Public Health’s “Safety Guide for Home Swimming Pools and Spas.”

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Ask the County Law Librarian - Fireworks Stands

2011-06-23T20:14:22Z

Q:

I was surprised recently to come home to a fireworks stand in a parking lot adjacent to my house. I feel that it is too close for safety. What are the laws in the city of Sacramento for fireworks stands?

Thank you,

Lori

Thanks for reading and submitting your question! Late June, fireworks stands start appearing seemingly overnight and appear on almost every street corner. Before the individual or organization can set up a fireworks stand in the City of Sacramento, they must first apply for a Permit to Sell Safe and Sane Fireworks. All applicants must provide the city with a public liability policy in the amount of $50,000 and a $25,000 property damage policy and a products liability policy in the amount of $300,000 showing the City of Sacramento as additional insured thereunder.

California has a “State Fireworks Law” that can be found in the Health and Safety Code, Section 12500 – 12728, but it mostly discusses general provisions, definitions, and the classification of fireworks and other pyrotechnic devices. For the answer to your question, we need to look within the ordinances for the City of Sacramento, specifically chapter 8.48.130 which discusses temporary fireworks stands. According to this section, “No fireworks shall be located within twenty-five (25) feet of any other building or within one hundred (100) feet of any gasoline pump or distribution point”. So depending on how close the stand is to your house, there may be a potential violation.

There are other requirements necessary for a fireworks stand, including the number of required exits, two unless the stand is longer than 40 feet, or maintaining two fire extinguishers that are in good working order and easily accessible for use in case of fire. Of course, “No Smoking” signs are to be prominently displayed on the fireworks stand. If you think your fireworks stand is in violation of any of these laws, you can contact your local fire department; chapter 8.48.150 states the fire chief or the chief’s designee may revoke the permit immediately if it is determined there is a violation.

Even though a fireworks stand can be an eyesore, often it is the number one fundraising tool for most non-profit organizations. The stand should be disassembled and removed no later than July 20th.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Ask the County Law Librarian - Neglected Homes

2011-06-16T22:22:45Z

Q: My neighbors moved out a couple of months ago because they were facing foreclosure. They left the house a mess! The yard is totally overgrown, there’s a pile of junk in the driveway, and I’m afraid the pool is going to start growing mosquitoes now that the weather is warming up. Is there anything I can do?
- Karina

A: Unfortunately, you are not alone in this situation. The Sacramento Bee reports that there are thousands of vacant homes in Sacramento, many of which are severely neglected by their owners. According to City estimates, approximately 60 percent of these abandoned properties are bank-owned.

To help combat this growing problem, Sacramento enacted its Vacant Building Ordinance in 2007. Under this law, property owners are required to actively maintain and monitor their property. This maintenance requirement applies equally to individuals, banks, or corporate owners. The Ordinance defines “maintenance and monitoring” as maintaining the exterior of the building, including keeping paint and other finishes in good condition; maintaining landscaping and plants; regularly removing trash and graffiti; keeping the building in compliance with all codes and regulations; and preventing crime and gang activity on the premises. The law also requires posting of the owner’s name and contact information on the front of the building. Vacant buildings not meeting these standards may be considered a public nuisance.

Under Sacramento’s Vacant Building Ordinance, a property owner may be cited with administrative penalties if their property is vacant and not well-maintained for 30 days. The owner can be cited every 30 days until the property is brought into compliance. The initial penalty can be as much as $1000, and up to $5000 for each subsequent penalty. Additionally, the property owner will be charged a $150 monthly monitoring fee, as well as $150 each time a building inspector is called to the property.

If you believe your neighbor’s house does not meet the standards described in the Vacant Building Ordinance, you can file a Code Violation Complaint online or by calling 311. Your complaint will prompt a City inspector to visit the property, and begin the enforcement process. Hopefully this will encourage the owner to clean up the property.

Coral Henning, Director
@coralh & @saclawlibrarian
www.saclaw.org

Mike’s Bikes and PODS of Sacramento join forces to collect bikes for Africa bike drive through June 26

2011-06-16T18:26:05Z

Bike drive supports the Mike’s Bikes Sister Shops project which aims to improve everyday life in Africa, one bike at a time.

(SACRAMENTO, Calif.) – PODS of Sacramento and Mike’s Bikes, the largest independent bicycle retailer in the U.S., have partnered at three locations with PODS containers placed to serve as temporary bicycle donation centers and on-site storage during the Mike’s Bikes Africa bike drive.

Bicycle donations are tax-deductible and will be accepted at the following Mike’s Bikes stores from 10 a.m. to 6 p.m. through June 26.
1411 I St. (at 14th), Sacramento
264 Petaluma Blvd North, Petaluma
1615 North California Blvd., Walnut Creek

“Our Sacramento location is deeply rooted in the local community, offering PODS ® containers to help organizations fulfill their missions,” said Ken Ude, president and CEO of Storage Mobility, Inc., franchise owner of PODS Sacramento. “We encourage the community to get on board and fill the PODS® containers to the top!”

Mike’s Bikes designed the Africa Sister Shops program to build a self-sustaining supply of working bikes in Africa, and to promote economic growth by teaching African entrepreneurs how to run a bike business. With hopes of creating job opportunities in the local community, Mike’s Bikes collects and sends donated bikes and start-up funding to these developing African countries as well provides mentoring to the owners of the Africa Sister Shops.

“The PODS® containers will provide great visibility to our stores that have pulled together to collect bicycles from each community, pack them in an overseas container then ship them to our Sister Shops in Africa,” said Ken Martin, owner of Mike’s Bikes, based in San Francisco. “Once in Africa, the bike shop sells bicycles to local residents at affordable prices, which encourages local commerce, provides transportation and helps improve everyday life one bike at a time.”

This is Mike’s Bikes tenth shipment to Africa; its second bound for Sierra Leone. The ninth shipment included 480 bicycles. It left the Port of Oakland bound for Botswana on May 25.

# # #

About Storage Mobility, dba PODS
Storage Mobility, dba PODS, has 21 franchise locations and is the world’s largest independent provider of PODS Moving and Storage services for residential and commercial customers in the U.S. Areas served include California, Colorado, New Mexico, Idaho, Nevada, Utah, Washington, Pennsylvania and New York.

Founded in 1998, PODS currently provides moving and storage services to a population of more than 250,000,000 million consumers and businesses, in 48 U.S. states, Canada, Australia and the U.K., through its company-owned and independent franchise network. To date, the PODS network has completed more than 330,000 long-distance relocations, exceeded 1.7 million deliveries and has over 143,000 PODS® containers in service.

PODS® secure containers are constructed of a steel frame and are available in three sizes: approximately 7-by-7-by-8 feet, 12-by-8-by-8 feet and 16-by-8-by-8 feet. The 12-foot and 16-foot containers have been tested to withstand winds of more than 110-mph when partially loaded. Newer PODS® containers have the same steel frame construction but are completely recyclable panels made of steel skins and a high-density polyethylene core. For more information or to schedule service, visit PODS.com or call 800-776-7637.

About Mike’s Bikes
Mike's Bikes was founded in 1964 as one of Marin County's first Schwinn shops. Today, with stores throughout Northern California, Mike's bikes remains true to its mission of "putting more people on bikes", and has grown to become the Largest Local Bike Shop in America. Visit www.mikesbikes.com or call 888-696-BIKE.

Disclosure: Tina Vervoorn is the Public Relations Manager for Consortium Media Services, representing PODS Sacramento and Storage Mobility, Inc.

Food Talk at Cafe Bernardo

2011-06-06T06:41:34Z

“I love to eat, obviously.” Maryellen Burns makes a motion with her arms, indicating that she’s talking about her figure, then laughs. Her eyes are bright, excited. Burns is wearing a colorful, souvenir apron that reads “Mallorca Island” and large, painted wooden pigs dangle from her ears.

She’s addressing the group of individuals who have shown up for her and Lynn Gowdy’s FoodTalk@Cafe Bernardo, the first in a four-part series running every Saturday this June.

The talk is entitled “Blind Tasting.” And who’s in attendance? A man with no sense of smell, a man with poor sense of smell, a women who says she gets hives every time she enters the kitchen and, of course, plenty of foodies.

“Where do you think the importance of taste lies in someone’s decision to go to a particular restaurant, on a scale of 1 to 20? On a list that includes things like ambiance and convenience,” Gowdy asks, a slight smile curving just the ends of her lips.

Individuals start to guess,
“Three.”
“Sixth.”
“Ten.”

Gowdy’s smile grows wider. “Seventeenth.”

She goes on to talk about the general components of taste (smell, mouth feel, texture, sensation, finish), addressing information from a folder that each person received upon their arrival. The contents of the folder is original, written completely by Gowdy and Burns,
and touches on subjects such as the physiology of taste, the influence of temperature on taste and building a food vocabulary.

“Write down all the words you would use to describe a lemon. Then describe a lemon without using any of those words.”

A plethora of tips, such as the one suggested above, are given throughout the talk and, after a discussion about umami, cheeses and why they taste better at room temperature, and several exercises to get everyone used to “using their palates,” both Gowdy and Burns happily inform everyone, “We’re going to have to get to the blind tasting!”

Individuals are told to pair up. Some do so easily, others awkwardly. One person is blindfolded, and the other is instructed to help their sightless partner partake in the tasting, then write down the words their partner uses to describe each “component of taste.” Afterward, the partners switch.

Unbeknownst to the blindfolded, Cafe Bernardo’s head chef Shannan Berg personally brings in tasting rounds one and two: a sampling of bacon, flavorful potatoes, fresh and spongy rosemary bread, yogurt, granola, fruits, a tart jam and creamy butter.

“It’s surprising that foods we’re so familiar with, that we eat often … something as common and good, as beloved as bacon, can be so hard to describe,” a FoodTalk participant says in a conversation after the tasting.

And while participants add to that and describe their own tasting experiences, Berg brings in more food, this time to eat without the blindfold. A giant pile of thinly sliced mushroom and Jarlsberg cheese salad, an even bigger pile of Thai noodle salad and a variety of crispy crust pizzettas.

“We didn’t get to all the writing exercises, but we were talking and that’s the point. We want people to go to our Tumblr, to e-mail us any questions they might have. We want to be accessible, and,” Burns pauses for a moment and walks over to the man with no sense of smell, who appears to be leaving.

“I’ll e-mail you that material,” she says, referring to information on improving the palate and retraining the brain to associate taste with other senses, beside smell.

He nods, then smiles. “Thank you.”

She returns and sits down. “Anyway. It’s a conversation.”

FoodTalk@Cafe Bernardo will be held at 10am every Saturday in June. Tickets are $15.00 and help pay for free programs held at the McClatchy Library.

Everyday Law: Conservatorships

2011-06-01T23:29:48Z

If you have a close friend or family member who is suffering from severe physical or mental illness, recovering from a serious accident, or declining mentally or physically as a result of aging, they may need your help, including finding a place to live, obtaining healthcare, or depositing checks in the bank. Even if it is only a temporary situation, a conservatorship may be the answer for you to take of your loved one.

A conservatorship is a legal arrangement on which a responsible adult or organization oversees the personal care or financial matters of another adult considered to be incapable of managing alone. The person who cannot care for him or herself is called the conservatee. The person or organization the judge chooses to do this is known as the conservator. A conservator can be a family member, friend or professional person.

California law on conservatorships can be found in the Probate Code beginning at section 1800. A California conservatorship must be formally established through a court proceeding. There are two types of conservatorships. A General Probate Conservatorship is for all adults who are unable to provide for their personal needs due to conditions rendering them incapable of caring for themselves or making them subject to undue influence. A Limited Probate Conservatorship applies when the person is developmentally disabled. In this type of conservatorship, the powers of the conservator are limited so that the disabled person may live as independently as possible.

The proposed conservator must first file a Petition for Conservatorship to initiate the court proceeding. Once the petition has been filed, the clerk will set the matter for hearing. The hearing will generally be set 45 days from the date of filing. Sacramento County may have some local forms requirements. If the Conservatorship of the Person is granted, possible duties may include making arrangements for the conservatee’s care and protection, deciding where the conservatee will live, and making arrangements for the conservatee’s meals, health care, clothing, transportation, and overall well being. If you are named Conservator of the Estate, duties may include managing the conservatee’s finances, controlling and protecting all assets and income, paying the conservatee’s bills, and most importantly, provide an accounting to the court regarding the management of funds. Read the Handbook for Conservators or visit the California Courts Website to learn more about conservatorships and the procedures for obtaining one.

If the process seems a little daunting, there may be legal alternatives to a conservatorship. If the person is able to understand and is willing to sign a Power of Attorney or Advanced Health Care Directive, these may be all that is needed for the person to be well cared for. Ask the reference librarian for books with sample forms and general information that cover all of these topics.

For more information on this and other “Everyday Law” subjects, visit the Sacramento County Public Law Library, “Providing Free Public Access to Legal Information for over 100 years.”

Ask the County Law Librarian -- Is demanding a receipt a violation of rights?

2011-05-26T18:32:33Z

Q. I was wondering if it is legal in California for retailers like WalMart and Best Buy to ask customers for their receipts as they exit the store. As a paying customer, I resent being treated like a criminal. It is because of practices like this that I shop online whenever possible. I understand that membership stores like Costco and Sam's Club have user agreements that allow them to check receipts against items in your cart, but without such an agreement is WalMart violating my rights?

Thank you for your time.

Ally

A. Best Buy and WalMart have certainly started a trend--more and more stores across the country are asking to see receipts upon exiting these days. It may be inconvenient, but it saves you money in the long run—prohibiting theft helps keep your costs down. It doesn’t violate your rights for them to ask for a receipt; you can always refuse and keep going. Only if the security guard then stops you might any violation of rights occur.

California Penal Code (CPC) §490.5(f)(1) provides that “a merchant may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the merchant has probable cause to believe the person to be detained is attempting to unlawfully take or has unlawfully taken merchandise from the merchant's premises.”

Furthermore, CPC §490.5(f)(2) provides that “[i]n making the detention a merchant . . . may use a reasonable amount of nondeadly force necessary to protect himself or herself and to prevent escape of the person detained or the loss of tangible or intangible property.”

CPC §490.5(f)(3) goes on to state: “[d]uring the period of detention any items which a merchant . . . has probable cause to believe are unlawfully taken from the premises of the merchant . . . which are in plain view may be examined by the merchant . . . for the purposes of ascertaining the ownership thereof.”

And, in CPC §490.5(f)(4), “[a] merchant . . . having probable cause to believe the person detained was attempting to unlawfully take or has taken any item from the premises . . . may request the person detained to voluntarily surrender the item . . . . Should the person detained refuse to surrender the item . . . a limited and reasonable search may be conducted . . . in order to recover the item. Only packages, shopping bags, handbags or other property in the immediate possession of the person detained, but not including any clothing worn by the person, may be searched pursuant to this subdivision.

Finally, CPC §490.5(f)(7), ‘[i]n any civil action brought by any person resulting from a detention or arrest by a merchant, it shall be a defense to such action that the merchant detaining or arresting such person had probable cause to believe that the person had stolen or attempted to steal merchandise and that the merchant acted reasonably under all the circumstances.

So . . . if you refuse to show a security guard your receipt and continue walking to your car with your bag of merchandise, does that constitute probable cause to detain and possibly search your bags? It depends upon the circumstances, but most likely, yes. What would you think if you were in the security guard’s position?

What if the security guard looked in your pocket for your wallet and pulled the receipt out of there? Would that be a violation of your Fourth Amendment right to be free of unreasonable searches and seizures? Nope, the Fourth Amendment only applies to police officers and other state actors, not to private store employees. You may be successful in a suit against the store for false imprisonment, however, because the California state statute specifically excludes clothing from the parameters of a limited and reasonable search.

Whatever you do, don’t overreact. You are not being targeted or insulted; everyone is being asked to present their receipt, so don't take it personally. You don’t want to end up like the Bethlehem, PA, man who was sentenced to six-twelve months in jail for yelling at and threatening the Wal-Mart greeter who asked to see his receipt, or the Utah Wal-Mart shopper who now faces criminal charges for disorderly conduct because he cursed at a greeter, threatened to injure a security guard, and screamed at police officers who were called to the scene.

If you really just cannot bring yourself to show them your receipt, don't lay yourself open to criminal charges by aggressive or belligerent behavior. Remain calm and continue walking. If you're detained and think the store security guard acted unreasonably, remain cool and call the police to handle the matter. Especially if you've got nothing to hide.

www.saclaw.org

Ask the County Law Librarian - Neighbors and Their Trampolines

2011-05-19T22:54:17Z

Q. I share part of a fence with the neighbor behind me and they put a trampoline up against the fence so when their kids and friends jump they clear the top of the fence by a couple feet and look into my yard and home. Their yard is higher on the hill than mine which makes the trampoline sit even higher at the fence, and my yard is an odd wedge shape, narrowing on the side they have the trampoline so that the distance from my bedroom and living room window directly to where the trampoline sits is only about 10 yards. I've explained and asked them nicely once if they could "scooch the trampoline over a bit." This made the mom defensive and unreasonable and she later squirted me with her hose over the fence. I am embarrassed having kids, usually several at one time, jumping and looking over right into my bedroom just yards away when I'm sometimes in bed. Moving the trampoline a few yards away would solve the problem. Is there any law or protocol regulating fence privacy? Thank you.

Cathy

A. When an issue between neighbors arises, there are many options available to those willing to invest a little time and effort into preliminary research. “Neighbor law” is usually governed locally, so your first step might be to survey the options closest to you.

For example, if you and your neighbor belong to a homeowners’ association (HOA), subdivision, or other development, you might check the by-laws (also called Covenants, Conditions, and Restrictions or CC&Rs) for any limitations, restrictions, or prohibitions relating to trampolines or other play structures. If your neighbor isn’t technically violating any rules, you might have the option of initiating an informal complaint process with the association. You can find more information on homeowners’ associations online or at your local county law library.

You will also want to research your local city and county ordinances. Some city and county ordinances regulate the location of “accessory structures,” though what constitutes an accessory structure will vary depending on the jurisdiction. For example, Sacramento City Code 17.80.050 considers some children’s play structures as detached accessory structures (swing sets, for example) and accordingly provides minimum installation requirements. However, the ordinance does not consider mobile play structures as accessory structures and thus these structures are not regulated by county ordinance. Sacramento County Code §16.18 pertains to nuisances and available remedies, though generally the term ‘nuisance’ refers to an act or device that jeopardizes one’s safety or health. Nonetheless, a thorough look at your local county and city codes is highly recommended for all neighbor law issues. Most California city and county codes can be found online or in print at your local county law library.

At least one California city has dealt with this type of situation before. Earlier this year, Mill Valley’s City Council met to determine whether a trampoline could be considered an accessory structure and thus be subject to the city’s zoning laws. After considering a fact pattern very similar to yours, it concluded that trampolines were not accessory structures and therefore could not be governed by city ordinances.

Though many neighbor law questions can be answered by consulting local resources, some issues are governed by state law. California Civil Code § 3479, for instance, governs “private” nuisances that are “indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property…”

If you feel you have a cause of action based on a state law, the proper forum would be either small claims court (for monetary damages) or your county’s superior court (for an injunction and monetary damages). However, this route is likely to be both time-consuming and costly, and your claim first must meet certain legal standards and have evidentiary support. You can find California statutes online at www.leginfo.ca.gov/calaw.html

One helpful book that discusses all of these resources and many more is the 7th edition of Neighbor Law: Fences, Trees, Boundaries & Noise, published by Nolo. Nolo Press is a Berkeley-based publishing house that specializes in self-help law books written with the layperson in mind. Neighbor Law’s introductory chapter contains information on “tackling” a neighbor problem, including sources of preliminary research, techniques for approaching the neighbor, and methods for pursuing the issue (e.g. the local authorities, mediation, or court). For more information on mediation, see Ask the County Law Librarian: Fence Dispute and Alternatives to Court.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Ask the County Law Librarian - Damages for Security Breach of Sony Playstation Network

2011-05-13T00:17:38Z

Q:

I saw your column on Sac Press and thought maybe you can help. I am a customer of Sony’s PlayStation Network for online gaming, recently they had a security breach and Sony notified me that some of the information released to hackers includes my full name, address, phone number, email address, PlayStation user ID and password, and credit card information, just to name a few. I know this info has gotten into the wrong hands due to the huge amount of spam email I am now getting. My concern is primarily with identity theft as my credit card company has stated they are aware of the issue and I have zero fraud liability, but some of my friends may not be so lucky as they used debit cards and I was told that those do not have nearly the same protection. Is Sony liable if my identity is stolen? Can I make them pay for something like a credit freeze to keep the bad guys from buying a car in my name? And what about my friends who were not lucky enough to have a credit card and used a debit card for their online gaming? I don’t even know where to start, can you please help?

Jim

Thanks for reading and submitting your question! It appears that the lawsuits for damages against Sony are already beginning. A Massachusetts woman was among the first to file a lawsuit against Sony over a hack into the company's PlayStation Network video game service. According to the Boston Business Journal, the class-action lawsuit was filed in U.S. District Court in Boston on May 5, 2011. The plaintiff is alleging Sony stored and retained customer data without authorization, failed to maintain a proper firewall, and did not properly encrypt the data it held. The suit also calls the electronics giant out for delaying for almost a week after it knew of the breach, to notify affected customers. You can read a copy of her complaint for more details of the case.

The real question is not whether or not you can file a lawsuit to recover damages, but rather, once you file your lawsuit in court, will you be able to win your case? Well, in order to prevail in court, you will most likely have to prove that actual damages have occurred. So it would depend on if you actually suffer damages from this incident. According to an article written by Mark Foley, lawsuits seeking to recover significant damages based on the loss of, or unauthorized access to, sensitive personal information have not been especially successful for plaintiffs since inconvenience, and threat may be hard to prove in court. Most companies try to alleviate damages by offering to provide identity theft monitoring to affected customers and Sony is no exception.

ABC News is reporting that Sony is now offering 12 months of free identity theft protection to affected customers. Customers have until June 18th to sign up and should be receiving a detailed email soon with information on how to sign up. If you don’t receive your email, I would contact Sony as soon as possible in order to get further details. Ultimately, if your identity is stolen, you can read the law library’s Everyday Law article for tips on what you can do to protect yourself.

Do you have a question for the County Law Librarian? Just email sacpress@saclaw.org. If your question is selected your answer will appear in next Thursday's column. Even if your question isn't selected, though, I will still respond within two weeks.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Sacramento's release party for "The Times of Harvey Milk"

2011-05-10T22:06:57Z

Criterion Films is re-releasing the Award Winning Documentary "The Times of Harvey Milk" and the Harvey Milk Foundation will host the official viewing celebration in Sacramento on Tuesday, May 17. This viewing is the first of many weeklong events to celebrate Harvey Milk Day 2011.

The evening kicks off with an exclusive conversation between Stuart Milk, nephew of LGBT activist Harvey Milk and the founder of the Harvey Milk Foundation, and Assemblymember Tom Ammiano (D-San Francisco) on Harvey Milk’s impact and efforts underway in Sacramento to keep his legacy alive. Greg Lucas, the chief correspondent of California's Capitol, will moderate this conversation.

This event is brought to you by the Harvey Milk Foundation, VSP Vision Care, Hot Italian Pizza & Panini Bar, the California Biotechnology Foundation, The California Museum, Equality California (EQCA), and many others. This event is FREE with RSVP (see flyer for details).

The Harvey Milk Foundation is hosting other events in California cities during the week leading up to Harvey Milk Day on Sunday, May 22 – visit this website for a list of all other celebrations: http://harveymilkday.co.

In 2009, the California State Legislature passed, and Governor Arnold Schwarzenegger signed, SB 572 designating every May 22 as "Harvey Milk Day.” SB 572 was authored by Senator Mark Leno (D-San Francisco) and sponsored by Equality California (EQCA). May 22, 2010 marked the very first “Harvey Milk Day” and the official launch of the Harvey Milk Foundation. The Foundation brought California’s political leaders, celebrities and civil rights advocates together to celebrate Harvey’s legacy. Events were held in Sacramento, San Diego, Los Angeles, and San Francisco.

The Harvey Milk Foundation was established in 2010 as a non-profit charitable organization. The Foundation, through Harvey Milk’s dream for a just tomorrow, envisions governments that celebrate the rich and universally empowering diversity of all humanity without exception. Harvey Milk was the first openly gay elected official in a major city in the US. He was assassinated in San Francisco’s City Hall in November 1978. The Foundation was established by Harvey’s nephew, Stuart Milk, and Anne Kronenberg, Harvey’s campaign manager and political aide. Harvey believed broad public education and dialogue was paramount to his life’s work as a civil rights leader and, as if riding on Harvey’s shoulders, the Milk Foundation seeks to inspire individuals, communities and organizations to carry on his values in a timeless vision for a better world.

Disclosure: Justin Knighten works with the Harvey Milk Foundation and is handling public relations for Harvey Milk Day events

Ask the County Law Librarian - Power of Attorney

2011-05-05T18:34:24Z

Q: My wife and I are temporarily moving to southern California to care for her ailing mother. My brother has agreed to take care of things for me while I’m away. I can handle a lot myself online, but just in case, I want him to be able to access my bank accounts, sign documents for me, and handle my personal business while I’m down south. Will a power of attorney do that?
-Brian

A: A power of attorney may work for your situation. By signing a power of attorney, you (the “principal”) are giving another person (the “agent” or “attorney-in-fact”) the legal authority to act on your behalf. California law prohibits your agent from writing, changing, or revoking your will (Probate Code 4265). Other than that, you can grant your agent whatever powers you wish.

There are many types of powers of attorney available, depending on your needs. Limited or special powers of attorney restrict the agent’s power to a specific transaction or type of transaction, such as selling your car or caring for your child. Powers of attorney for health care grant your agent authority to make medical decisions for you. Financial powers of attorney can grant your agent broad authority to conduct most types of business and personal transactions. The laws related to powers of attorney are found in the California Probate Code starting at section 4000. The type of power of attorney you use will depend on what your agent will be doing for you.

Powers of attorney may be durable or non-durable, depending on whether you want your agent to retain authority to act on your behalf if you become incapacitated. The California Probate Code section §4401 creates a “Uniform Statutory Form Power of Attorney,” which can be used for durable or non-durable financial powers of attorney. This form allows you to grant your agent powers to perform a variety of common transactions, such as buying and selling real estate; managing your stocks and bonds; handling your banking transactions; running your small business; and collecting your public benefits. Using this form, you select which powers you wish to grant, and can provide special instructions limiting or extending these powers. If this form is sufficient for your needs, you can use the downloadable version on the Law Library’s website. If this form doesn’t fit your needs, the Law Library has resources with many other sample powers of attorney that you can use to draft your own. Keep in mind, some banks and other financial institutions require that you use their power of attorney form, so check with them to see if a special form is needed. More information about powers of attorney is available from the Law Library’s website.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Ask the County Law Librarian - Fence Dispute & Alternatives to Court

2011-04-28T21:18:04Z

Q. There is a boundary fence between me and my neighbor's side yard. It is leaning and I have propped it up for the last time. I have gotten two estimates from reputable fencing companies. My neighbor is refusing to pay half to replace it. I don't want to go to court. What else can I do?

A. More people are like you wanting to avoid going to court and solving matters using alternative dispute resolution. Using alternative dispute resolution can save you time because it is easier and quicker to write up an agreement than it is to go to court. It can save you money on attorney's fees, court costs and other expenses. It also gives you more control over the case and the outcome since you are actively creating a workable solution.

You may want to consider mediation. Mediation is a voluntary process in which two or more parties involved in a dispute work with an impartial party, the mediator, to generate their own solutions in settling their conflict.

The mediator's role is to facilitate communication between the parties, not to impose solutions. Mediators do not advise, take sides or render a judgment. Instead, the mediator will work with all the parties to help them reach a mutually acceptable resolution.

Private mediators are listed in the yellow pages. Also some lawyers advertise in their phone book listing as providing mediation services. In Sacramento there is the non-profit that provides mediation services: Sacramento Mediation Center a program of California Lawyers for the Arts. http://sacmediation.org/.

As a first step, Chapter 11 of the 7th edition of Neighbor Law: Fences, Trees, Boundaries & Noise by www.nolo.com has detailed information about state and local laws regarding fences. It also has a section on Responsibility for Maintenance.

Coral Henning, Director
@coralh & @saclawlibrarian

Ask the County Law Librarian – There Oughta Be a Law

2011-04-14T15:38:31Z

Q: I have a great idea for a new California law. Our kids get nothing but junk food at their school cafeteria for lunch. They should be learning about – and eating – fresh, healthy food. I want to get a law passed that requires every elementary, middle and high school with a school lunch program to also have a school garden to supply students with fresh fruit and vegetables. How do I get this law passed?

Paula

A: Dear Paula,

Laws are created in one of two ways in California: through the legislature, or through an initiative.

Bills in the State Legislature

Most new laws (or changes in laws) start when a state senator or Assembly member drafts and proposes a bill. People in a certain age range may remember the Schoolhouse Rock cartoon “I’m Just a Bill,” describing this process for federal laws. It’s similar in California, but in real life, the process is complicated by many sub-steps and opportunities for delay. Bills go through a lengthy process of debate, amendment and approval, first in one House then the other, before being signed (or vetoed) by the Governor.

Call, write, or email your representative to suggest a bill. You can also contact the representative’s office to schedule an appointment with him or her. Contact the local or Sacramento office to set up a time to meet. Be prepared with information about the problem your bill would address, how current law deals with this problem, and how your suggestion would improve things.

You can contact any representative, but you are more likely to get a personal response from the Assembly member or senator who represents your own district. To find out who your representatives are, visit “Your Legislature” and enter your zip code.

Once a bill is introduced, there are many things you can do to help get it passed, from organizing letter-writing campaigns, writing letters to the editor, and offering to testify at committee hearings. Tips on these and other methods of lobbying for your bill can be found in “A Citizen’s Guide to Lobbying” and “How to Lobby the California State Legislature,” both put out by the state government.

You can trace the progress of any particular bill through the lengthy process of debate, amendment, and approval by visiting the official California legislative information site’s “Bill Information” page. You can even sign up for an email whenever something happens with your bill.

Passing a Law by Popular Vote: The Initiative Process

California is one of 24 states that use the initiative process. The initiative is the power of the people of California to propose statutes and amendments to the California Constitution (Cal. Const., art. II, Section 8(a)). The laws governing the initiative process are mostly at California Election Code, starting at section 9000.

Initiatives are placed on the ballot if the sponsors can collect enough signatures to qualify – 5% of the number of voters in the last gubernatorial election (currently 504,760 ) for statutes, and 8% (currently 807,615) for Constitutional amendments. If approved by a majority vote, an initiative becomes law the next day.

Getting an initiative on the ballot takes a long time – if you start now, you might be able to get one on the June 5, 2012 ballot. There are also very specific requirements for format and signature gathering. You can read about the process in the California Secretary of State’s “Initiative Guide.”

The first step is to write the text of the law. Next, the sponsors are required to submit it to the California Attorney General, who writes the official title and summary, and if necessary, submits it for fiscal analysis. The AG's office has a good explanation of the process on its website. After that is complete, the sponsors have 150 days to circulate the petition and collect the necessary signatures. Both volunteers and paid signature-gatherers are allowed.

Once the signatures are gathered, the sponsors file the petition with the officials in each county, who count the signatures and report the results to the Secretary of State. If the initiative gathers enough signatures, it goes on the next statewide ballot.

For more information, visit the California Secretary of State’s website or contact the Secretary of State's Initiative Coordinator at (916) 657-2166.

Coral Henning, Director
@coralh & @saclawlibrarian
www.saclaw.org

Ask the County Law Librarian – Disqualification of Judges

2011-04-07T19:29:13Z

Q. My wife and I are getting a divorce, and the judge is making all her rulings in my soon-to-be-ex’s favor for no good reason that I can see, except that the judge doesn’t like me—she seems to be biased against men. What can I do to get rid of this judge? Can I report her to the State Bar?

A. The law and procedure for the disqualification of California superior court judges, court commissioners, and referees, is in the Code of Civil Procedure (CCP), sections 170 through 170.6. There are two basic methods a party can use to ask that a judge be disqualified from their case:

1) CCP §§ 170-175 provides the justification and procedure whereby a party may take action toward disqualification of a judge “for cause.”

2) CCP § 170.6 guarantees to parties the right to disqualify a judge without any showing of cause whatsoever. This is called a peremptory challenge.

A Section 170.6 challenge is permitted at any time before the commencement of a trial or hearing on a substantive matter in either civil or criminal court. Each side is allowed a peremptory challenge one time only. You have no control over the judge assigned to take over your case, so avoid hasty or ill-informed decisions to disqualify.

A peremptory challenge is usually made by a written motion to the court, done in proper format with specific language and supported by a declaration or affidavit made under penalty of perjury. An oral motion under oath is also allowed. There is no hearing or ruling on a timely and properly-formatted peremptory challenge. The replacement is automatic, and the case will continue as quickly as possible, perhaps hours or days, under a new judge.

There are specific deadlines and strict time frames in which a peremptory challenge must be made, depending on your court’s calendaring system. Improper timing is the number one reason that challenges are rejected.

Even if your deadline has passed for filing a timely peremptory challenge, however, you still have the right to challenge the judge for cause under CCP § 170.1. Grounds for a just cause challenge (relationship, financial interest, etc.) can arise at any time during the proceedings. Therefore, a challenge for cause is timely if raised “at the earliest practicable opportunity” after discovering the grounds for disqualification, even during trial.

Step by step procedures and sample formats for written motions, supporting declarations, and affidavits for both of these disqualification methods can be found in a set of books called California Forms of Pleading and Practice, Volume 27, Chapter 317, “Judges.” You can find this set of books at the Sacramento County Public Law Library.

The State of California Commission on Judicial Performance, rather than the State Bar, reviews complaints that charge judicial misconduct. Procedures and the form of complaint for judicial misconduct can be found on their website.

A judge’s incorrect ruling on its own does not constitute judicial misconduct. A judge who commits legal error is subject to investigation and possible discipline only if the legal error clearly and convincingly reflects bad faith, bias, abuse of authority, disregard for fundamental rights, intentional disregard of the law, or any purpose other than the faithful discharge of judicial duties. If the incorrect ruling or legal error does not meet these standards, then it is not subject to disciplinary review. However, it may be grounds for an appeal in your case.

www.saclaw.org

Everyday Law: Federal Tax Deductions

2011-04-04T19:09:10Z

Organization is key. If you've kept careful records all year, completing your tax returns and getting those deductions should be a breeze. If you haven't, it is not as easy. But it still might be worth your while to itemize deductions this year, or, at least, think about getting organized for next year. One step at a time.

The list of deductions most of us can take is not that long. The first is “Medical and Dental Expenses.” Because this deduction is limited to the amount that exceeds 7.5% of your Adjusted Gross Income (aka “AGI,” the amount that ends up on line 38 of your Form 1040), not as many people can take this deduction as you might imagine. Let’s look at an example. Assuming your 2010 AGI was $56,799, the median household income in Sacramento County, you can only deduct the amount you spent on medical and dental expenses that exceeds $4,259.92, or 7.5% of $56,799. Hopefully you didn’t have to spend that much. According to a popular baby cost calculator, the average annual cost for healthcare from birth to age 18 is $735. Multiply that by four (the average family size in Sacramento County is 3.29), and you get $2,940.

For each medical expense you should keep a record of the name and address of the person paid, the amount and date paid, and the amount paid for transportation (mileage, taxi, etc.) to get medical care. You can deduct either actual transportation expenses or you can use the standard medical mileage rate of 16.5 cents per mile. For more information about deductible medical expenses, see IRS Publication 502.

The second type of itemized deduction you can take is “Taxes You Paid.” You can deduct either state and local general sales taxes or state and local income taxes—not both. If you live in a state that imposes income tax, like California, you probably paid more income tax than sales tax, so the income-tax deduction is the better deal. Obtaining the amount you paid in state and local income taxes should be easy—all income taxes withheld from your salary are listed on your W-2. If you choose to deduct state and local sales taxes, instead, however, you can use actual expenses or the optional sales tax tables contained in the Instructions to Schedule A.

You can also deduct state and local personal property taxes you paid; save your payment stubs. In California, personal property tax includes part of the amount you paid for your car tags. If you’ve misplaced your receipt, you can use the DMV’s Vehicle Registration Fee Calculator to figure out how much of your vehicle license fee was in lieu of local property tax. Just plug in your license plate number, the last five digits of your Vehicle Identification Number, and the appropriate tax year.

You can also deduct real estate taxes paid on your home. If your mortgage payments include your real estate taxes, the amount paid will be on the statement you receive from your mortgage company. If it isn’t, you can contact your taxing authority. In Sacramento County you can use Sacramento County's Online Property Tax Bill Information System. Just pop in your parcel number for a property tax bill payment history. If you do not know your 14-digit parcel number, you may obtain it by entering your address at the Sacramento County Assessor's Office Parcel Viewer.

The third category of itemized deduction is “Interest You Paid.” The most common types of interest people pay and wish to deduct are home mortgage interest, student loan interest, and personal interest. Unfortunately, personal interest paid on car loans, credit cards, and the like, is not tax deductible at all.

If your modified adjusted gross income is less than $75,000 ($150,000 if filing jointly), you can deduct up to $2,500 for interest paid on qualified education loans. You should receive a Form 1098-E, Student Loan Interest Statement, from each institution (such as a bank or governmental agency) that received interest payments of $600 or more during 2010. For more on deducting student loan interest payments, see IRS Publication 970, Tax Benefits for Education.

Home mortgage interest is generally reported to you on Form 1098, Mortgage Interest Statement, by the financial institution to which you made the payments. For more information, see IRS Publication 936, Home Mortgage Interest Deduction.

The fourth type of itemized deduction you can take is “Gifts to Charity.” To deduct monetary contributions up to $250, you must show a bank record, payroll deduction record, or a written communication from a qualified organization containing the name of that organization, the date of the contribution, and the amount of the contribution. If you donate cash or property worth $250 or more, you must also show a written acknowledgment from the organization showing the amount of the cash and a description of any property contributed, and stating whether the organization provided any goods or services in exchange for the gift. If your total deduction for all noncash contributions for the year is over $500, you must complete and attach IRS Form 8283, Noncash Charitable Contributions, to your return. For more information, refer to IRS Publication 526, Charitable Contributions.

The fifth type of itemized deduction you can take is “Casualty and Theft Losses.” You can deduct the amount of casualty or theft losses that exceed 10% of your AGI, after subtracting $100 for each occurrence. If your property is covered by insurance, you cannot deduct a loss unless you file a timely insurance claim for reimbursement, even if no reimbursement is expected. If you were uninsured, you must show some other kind of actual record or satisfactory evidence to support your deduction. For more information, see IRS Publication 547, Casualties, Disasters, and Thefts (Business and Nonbusiness).

The sixth type of itemized deduction you can take is called “Job expenses and Certain Miscellaneous Deductions.” These deductions are subject to subject to a 2% limit, which means you can deduct the amount left after you subtract 2% of your AGI from the total. Using our Sacramento County median household income example of $56,799, and assuming you spent $2,000 on job and other miscellaneous deductible expenses, the total amount you could deduct would be $864.02 ($2,000 - $1,135.98 [2% of $56,799] = $864.02).

“Job expenses and Certain Miscellaneous Deductions” include unreimbursed employee expenses, tax preparation fees, and other expenses paid to produce or collect taxable income or manage or protect property held for earning income. “Unreimbursed employee expenses” include dues to professional societies, educator expenses, licenses and regulatory fees, subscriptions to professional journals and trade magazines related to your work, union dues and expenses, and work-related education. For more information, see IRS Publication 529, Other Miscellaneous Deductions.

Perhaps the most popular unreimbursed employee expense deduction is the “Home Office Deduction.” It is not as easy to qualify for this deduction as the media might lead you to believe. Your home office must be used regularly and exclusively for your work: if your ten-year-old son uses the computer in that room for his homework, you fail the exclusivity test. For more information, see IRS Publication 587, Business Use of Your Home. Then there is figuring the deduction itself. For the kinds of records you will need to keep to prove all of this, see IRS Publication 583, Starting a Business and Keeping Records.

Although not an itemized expense, moving expenses to a new job location can be deducted, and they are not subject to the 2% limit like the other unreimbursed employee expenses discussed above. See IRS Publication 521, Moving Expenses.

The seventh, and last type of itemized deduction, is called “Other Miscellaneous Expenses." Although not subject to the 2% limit, these “Other Miscellaneous Expense" deductions are not that common. The most common deduction is one that hopefully, not too many of us, will have: gambling losses. If you are so unfortunate as to have suffered gambling losses, you may deduct them, up to the amount of your winnings. You cannot reduce your gambling winnings by your gambling losses and report the difference as a deduction; you must report your winnings as income. Therefore, your records must show your winnings separately from your losses. In addition to an accurate diary of your winnings and losses, you should also keep wagering tickets, canceled checks, substitute checks, credit records, bank withdrawals, and statements of actual winnings or payment slips provided to you by the gambling establishment. For more information, see Tax Topic 419, Gambling Income and Losses, at http://www.irs.gov/taxtopics/tc419.html.

We have several books at the law library that can help you with your 2010 taxes. You may wish to check out J.K. Lasser’s 1001 Deductions & Tax Breaks 2011, J.K. Lasser’s Your Income Tax 2011: For Preparing Your 2010 Tax Return, and Tax Deductions for Professionals. You may also wish to refer to our Legal Resource Guides on Federal Tax Law and California Tax Law.

For more information on this and other “Everyday Law” subjects, visit the Sacramento County Public Law Library, “Providing Free Public Access to Legal Information for over 100 years.”

Ask the County Law Librarian - Obtaining Evidence for a Contested Traffic Citation

2011-03-30T19:35:06Z

Q. I’ve decided to contest a speeding ticket I received recently. How do I obtain all of the police records and evidence against me?

A. Before you contest your citation, you may want to consider submitting an “Informal Discovery Request” to the issuing agency. Under California Penal Code Sections 1054-1054.7, the prosecution in any criminal case (including infractions) is required to provide the defendant with copies of all written statements, reports, and logs regarding the case. This code section also applies to a copy of the engineering and traffic survey if your citation is a radar case [Cal. Penal Code § 1054.1(f)].

Fortunately, you can submit this request before you formally challenge the citation, in order to review evidence the issuing party may use against you in court. Your copy of the ticket, for example, will not include the notes about the stop that the issuing officer most likely made on the reverse of his or her copy of the citation. Once the issuing agency receives your request, it has 15 days to provide the relevant information. One caveat: the request requires you to submit all of your evidence as well: you will include the names, addresses, and statements of any witnesses you may have with your request.

There is no statewide “official” discovery request form for Section 1054 requests, but a book published by Nolo Press and written by Attorney David W. Brown called Fight Your Ticket in California contains both blank and sample completed forms, as well as instructions. This book also contains the information and strategies you would need to:

-determine if your ticket is beatable
-challenge speeding citations & other violations
-present your case in court
-appeal a conviction

Should you choose to formally challenge the citation, you can subpoena relevant records, equipment, and the issuing officer’s testimony during the trial prep phase of the case by using a Subpoena Duces Tecum (CR-125/JV-525). Samples of this form are available in the book, and the form is available for free online from the California Courts website at http://www.courtinfo.ca.gov/forms/fillable/cr125.pdf You will need to read the information carefully and conduct further research to be sure you’ve done everything properly.

Fight Your Ticket in California is available directly from the publisher at www.nolo.com, from most large bookstores and libraries, and from your local county law library. To find the law library nearest you, go to www.publiclawlibrary.org

For online resources about contesting a traffic citation, you can find more information on the Sacramento County Superior Court website at http://www.saccourt.ca.gov/traffic/traffic.aspx and on the California Courts Self Help website at http://www.courtinfo.ca.gov/selfhelp/traffic/info.htm.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Ask the County Law Librarian - Domestic Violence Restraining Orders

2011-03-25T01:32:44Z

Q-
I am afraid of my boyfriend. We just moved in together last month, and ever since then, he has been shouting and cursing at me. He also pushed me down and punched a wall. I want to break up with him, but I am afraid he will hurt me. Can the law help protect me?

Anonymous in Midtown

A-
I am sorry to hear about your situation! If you feel in are in immediate danger, call 911!

California’s Domestic Violence Protection Act defines domestic violence as abuse toward an intimate partner or family member. The abuse can range from verbal threats, annoying telephone calls, stalking, hitting, and destruction of personal property. If you ever have to call the police, ask for an emergency protective order. A police officer that answers a domestic violence call can ask a judge for an emergency protective order at any time of the day or night. Explain in detail to the police officer why you're afraid. The emergency protective order starts immediately and can last a week. The judge can order the abusive person to leave the home and stay away from you and your children for up to a week.

If you want protection for more than a week, you can ask to the family court to issue a Temporary Restraining Order (TRO). If the restraining order is granted, it typically requires the abuser to stay at least 100 yards away from you, and have no contact with you, including no email or telephone contact.

The Sacramento family court offers a free workshop on form preparation fro domestic violence restraining orders, Monday and Friday, excluding court holidays, at 8:45 a.m. This class is for both men and women and is held in the Self-Help Computer Room, Room 113A, on the first floor of the William R. Ridgeway Family Relations Courthouse, 3341 Power Inn Road. No appointment is necessary. For those who cannot attend the workshop, the court encourages you to complete your forms using TurboCourt. This program uses simple questions to gather all of the necessary information to apply for a domestic violence restraining order. If you will be filing in Sacramento, be sure to include the mandatory local forms.

You may want to contact WEAVE, INC. (Women Escaping a Violent Environment). WEAVE is a local nonprofit organization that was created to serve domestic violence survivors and their families in Sacramento County by offering counseling and other services including; dissolution & restraining order workshops, and a pro bono legal clinic or free attorney consultation for domestic violence.

Keep in mind that a restraining order can help protect you, but it is still just a piece of paper. A restraining order can lower, but not eliminate the risk of ongoing violence.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Ask the County Law Librarian - Proper Venue in Small Claims Court

2011-03-17T18:29:03Z

Q:
I want to sue a former neighbor in small claims court. She promised to pay half of the cost for a fence we built on the property line last year, but never did. She recently moved down to San Diego County. Do I have to go to San Diego to sue her, or can I do it in the Sacramento court?

- Jessica

A:
Picking the proper court to file your case can be tricky. If you file in the wrong court, your case may be dismissed, and you’ll have to start over again in the proper court. The proper court is called “venue” in legal terminology.

California law has strict guidelines for determining proper venue. In some situations, there may be several courts that could be considered proper. In that situation, you may select whichever court you prefer.

A small claims case may always be filed in county where the defendant resides. Other courts may also be the proper venue, depending on your case. In addition to the county where the defendant lives, proper venue for common case types also include:

where the damage occurred
where the contract was entered into, broken, or was supposed to be carried out
where the buyer lives, made the purchase, or where the item is located, if your lawsuit involves the sale or purchase of merchandise

More information about the proper venue for a small claims case is available from the California Courts’ Self-Help website at http://www.courts.ca.gov/9745.htm.

Information about Small Claims cases in general is also available from the California Courts’ Self-Help website at http://www.courts.ca.gov/1256.htm, as well as from the Department of Consumer Affairs and from the Sacramento Superior Court.

Additionally, the Law Library has books that provide excellent background information about Small Claims court, as well as instructions for filling out the necessary forms. You may also want to visit the Small Claims Advisory Clinic, which may be able to assist you with your case.

www.saclaw.org

Students march for higher public ed funding/tax extensions

2011-03-15T00:31:30Z

The rain didn't stop an estimated 13,000 college students and faculty from marching on the State Capitol Monday to demand legislators work out their differences and put tax extensions on the ballot, which educators have said would make next year's cuts more bearable.

Students were bused from all over the state to the Towe Auto Museum, where the march officially began. Called the “March in March,” Monday's protest was the fourth year in a row that the same group came out to the Capitol in such large numbers.

As it stands now, Gov. Jerry Brown's proposed budget for fiscal year 2011 assesses a $1.4 billion cut to higher education, including $500 million to University of California schools and the California State University system and $400 million to community colleges.

Over the past few years, California's public post-secondary systems have experienced unpredictable fee increases, employee furloughs, layoffs and, for the first time, enrollment reductions prevented access to qualified California residents state the offices of the California State Student Association and Student Senate for California Community Colleges.

In reaction to Brown's budget proposal, California Community Colleges Chancellor Jack Scott said the proposed cuts hurt colleges' ability to serve students and will harm California's economic recovery.

“These are difficult times for California, and there's no way to avoid the pain of budget cuts,” he said. “However, if our community colleges sustain reductions of this magnitude, we anticipate up to 350,000 students will be turned away next year.”

Scott said if just 2 percent more of California's population earned associate degrees and 1 percent more earned bachelor's degrees, the state's economy would grow by $20 billion.

“Those educated workers would generate state and local taxes of $1.2 billion a year, and 174,000 new jobs would be created in California,” he said.

“The UC, CSU and California Community Colleges can get our state headed back in the right direction,” he added, “but we cannot do it with continually shrinking budgets. Remember, higher education is not a cost to California, but an investment.”

Sacramento City Community College Student Body President Justin Turner said the number of students from his campus nearly doubled from last year, and nonetheless, many classes have been eliminated from the schedule.

“This put the students in a situation which may prolong their transfer, AA degree, or certificate program at city college,” Turner said. “As the cuts increase, the classes will, too, which will also turn students away and may push some students away from getting a education.” he said.

If the proposed budget passes, with all the cuts hitting higher education, classes may further disappear and double in size.

“It's a scary thought. To think when Gov. Brown was in office the first time, you could go to a community college nearly free ... Wow, have times changed,” Turner said.

Organizers said that the protests have helped higher education funding in the past. According to Community College Student Senate President Alex Pader ~~Lee Fuller~~ , at this time last year, then-Gov. Arnold Schwarzenegger's proposed budget asked for a $60 per unit hit at the two-year schools. “We rebelled against them and got them down to $26,” Fuller said.

Fuller, 48, is a returning student at Coastline College. He lost his job when the economy tanked and said he now sees more and more older students.

Cutbacks to classes and student services, including counselors, has been one of the biggest obstacles this year.

“The counselors are there to help the students, and if students are there to figure it out on their own, they take wrong classes, they take too many classes, too few classes – it just delays the process over and over,” Fuller said, adding that there are some counseling departments that have been reduced to one or two people, and they're dealing with 60,000 students.

Shortly after the noontime rally, students filled the Capitol rotunda and chanted, “Save our schools,” for a few minutes while other students sent postcards to their legislators asking for more funding.

Monica Stark can be reached at monica.stark@sacramentopress.com

Editorial Note: A correction has been made to this story after it was published. The incorrect information has been struck out and the correct information has been added.

Ask The County Law Librarian - Collecting on a Small Claims Judgment

2011-03-11T20:22:07Z

Q. I just won my small claims case against my landlord for wrongfully withholding my security deposit. Does the court collect for me?
Jenny

A. The court will not collect the money for you. The court can issue the orders and other documents you may need to collect your judgment from the debtor. You can start the collection process when the time to appeal runs out (30 days after entry of the judgment); or if there was an appeal and you won, after the appeal decision (judgment) is sent back to the small claims court, usually about 10 days after the appeal decision.

Encourage the debtor to pay you voluntarily and don’t resort to harassment or illegal collection methods. Some of the most common collection techniques include: placing a lien on real property, placing a lien on business property, seizing wages and seizing bank accounts.

If the judgment debtor does not pay within 30 days after the court clerk mailed the Notice of Entry of Judgment the debtor must send you for SC-133 Judgment Debtor’s Statement of Assets. This form will tell you what property the debtor has that may be used to pay the judgment.

Sometimes the debtor won’t send the completed form and then you can file SC 134 Application and Order to Produce Statement of Assets and Appear for Examination. This summons the debtor back to court and you can ask the debtor questions about his or her assets or property. You can ask about things like where he or she works, how much he or she earns, bank accounts, stocks, other income sources, property and belongings, and anything else that can be used (or sold) to pay the judgment.

Once you know about the judgment debtor’s income and property you can ask the sheriff to take that property to pay you. To do this fill out and ask the court clerk to issue Form EJ-00 1 Writ of Execution. Take the form to the Sheriff’s civil division with a description of the debtor’s property that you want to levy on.

Click on the link for more information on collecting your judgment. The law library has information on this too. One good resource is Nolo’s How to Collect When You Win a Lawsuit in California.

Lastly, keep in mind that not all judgments are collectable because the debtor may not have any income or property of value.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

'Pick Me! Fruit Crate Art and the California Dream' premiers at Railroad Museum

2011-03-09T07:56:21Z

The California Dream, as portrayed by vintage fruit crate art, inspires visions of a healthy horizon of gleaming sunshine, warm, temperate climate and an endless spread of sweet, colorful fruit.

In the early 1900s, California was depicted as a land of promise where eastern city folk migrated west in hopes of farming the widespread and fertile land. This prized picture of California, in part, grew out of the railroads that helped deliver bountiful harvest coast to coast and spread the message of the new frontier through fruit labels.

A collection of these artistic fruit crate labels can now be seen by visiting, “Pick Me! Fruit Crate Art & the California Dream,” an exhibit shipped and presented by The California State Railroad Museum in Old Sacramento.

The exhibit takes you inside a 1924-era Fruit Growers Express Refrigerator Car NO. 35832, one of thousands of ice-cooled “reefer” cars that traveled east loaded with California’s rich harvest. Soon after the Transcontinental Railroad’s completion in 1869, these fruit cars began traveling to many large population centers across the country and irrigating farmland, vastly transforming the state’s agricultural economy.

The first shipments saw boxes stenciled to identify the grower, location and variety of produce. In hopes of attracting wholesale agents in the east, both ends of the crates were adorned with whimsical works of graphic art and lithography. Soon, these distinctive and colorful labels evolved into full-fledged advertisements for some of California’s most beloved brands and fruit growers: Sunkist, J.E. Noia, Sierra Vista, Red ball, Handsum, Albion and Fido, to name just a few.

More than 80 vintage labels, which were produced over a period of 70 years until the 1950s, were selected from the museum’s permanent collection, the California State Library and from private collector Jim Dahlberg. These unique works of art not only display the railroad’s revolutionary fruits of labor, but tell the story of California’s prosperous farmland and the dream of the golden state.

For Railroad Museum librarian Cara Randall, who helped select the labels for the collection along with Robert Mistchenko, fruit crate art was “designed to promote California every bit as much as it was designed to promote fruit.”

“The fruit crate labels themselves are a fascinating segment of commercial art history,” she said. “They were being made during a time when advertising was coming of age and developing standards, and I think it's wonderful that so many of these labels have survived the years so that we can trace that development and see all the different styles.

“To me, as someone with no background in art history, I am astounded by the level of artistic skill that went into each of these labels,” she said, “even though they were designed to be discarded at the end of a long train ride to market.”

Kendra Dillard, California State Parks director of exhibits, described how the fruit crates carried on the advertising campaign that was started by the western railroad companies in to entice easterners to move west.

“New customers meant a thriving railroad industry. Their clever promotions pictured verdant land where it was always sunny and warm, even in winter when the northeast was covered with snow,” Dillard said. “The fruit crate labels adopted and expanded this tradition. Landscapes showing perfect rows of fruit trees and abundant green gardens portrayed California as a magical place where life could be better. Because many of the label artists who worked for the printing companies were immigrants themselves, they illustrated their new environs as they experienced them. They painted mythical farm sites and idyllic pastures inhabited with adorable animals and cherub-faced children.”

For native Sacramentan Gerry Holzapple, the fruit crate works of art recall a simpler time in Sacramento’s history.

“I came to the exhibit out of nostalgia,” Holzapple said, remembering when he used to see the fruit labels on the passing trains and in the markets as a youth. “These guys are too young to remember,” he added, nodding to his younger family members, who joined him at the exhibit on Sunday. “But I relate to it. They’re beautiful.”

Even for those who don’t remember, fruit crate art remains an American art form that reflects the styles, cultures and prejudices of the time period, “shaping a significant part of today’s vision of the past,” said Dillard.

To her and many others throughout the country, that vision is not lost.

“California is still seen as a land of opportunity where people find the promise of a new life in the wide-open West,” she said.

Premiered on March 4, "Pick Me! Fruit Crate Art & the California Dream" will remain on display at the California State Railroad Museum through March 30, 2012.

Ask the Law Librarian: The Perils of Co-Signing Loans

2011-03-04T01:19:31Z

Q. I co-signed my sister’s car loan. She made payments for the first two years, but now she is unemployed and I’m worried she might not be able to make the payments. What rights do I have? If I have to make the payments, do I at least get the car?

Janice

A. It sounds like you are well aware that if your sister doesn’t make the payments, you will have to. Sometimes people co-sign a loan as a favor, without really understanding just how big a favor it really is – the co-signer isn’t just vouching for the borrower, or offering to pay half the debt, but is actually accepting responsibility for paying the whole debt if needed. Once the borrower misses a payment, the creditor can go after the co-signer without even trying to get the money from the borrower first. Read the FTC’s brochure “Co-signing a Loan” for more information about the risks of co-signing and possible protective measures.

Federal and California law require that you be given notice of the serious consequences of co-signing a loan before you sign.

California law also gives you two additional protections. The creditor cannot report you to a credit reporting agency unless it also gives you written notice of the delinquency before or at the same time. And before the creditor provides any information about your obligation to a debt collector, it must first give you written notice of the delinquency. (Cal. Civ. Code 1799.101.) If the creditor fails to give this notice and your credit is injured or you lose money as a result, you can sue the creditor for actual damages or $250, whichever is greater, plus reasonable attorney’s fees. (Cal. Civ. Code 1799.102.)

So what happens if you do in fact end up paying the loan (or worse, being sued for the debt)? You are entitled to sue your sister for repayment. Of course, you may have no more luck collecting than the creditor did. If it does come to that, talk to the Small Claims Advisor if the amount is less than $7,500, or come in to the library to research your options.

You probably can’t get ahold of the car, unless you are listed as a co-owner on the title. Actually, it’s pretty likely that if your sister does default, the creditor will repossess the car, sell it, and come after you and your sister for the remaining balance on the loan.

If you actually want the car, maybe you can buy it from your sister and take over the payments. This could save everyone’s credit rating, although Sis might end up taking the bus for a while.

www.saclaw.org

Ask the County Law Librarian – “Quashing” Improper Service of Court Documents

2011-02-24T16:14:47Z

Q. I was handed a summons and complaint for breach of contract, but I didn't sign for it, so I don’t think it is legal. I want to challenge this in court. How do I do that?

Tom

A. Probably the most common misconception regarding service of the summons and complaint in civil cases is that the receiving party must sign something in order for the service to be valid. A summons may be served by personal delivery of a copy of the summons and complaint to the person to be served. Such service is deemed complete at the time of delivery (California Code of Civil Procedure §415.10). There is no requirement that the person being served sign for anything.

The most common mistake that people make when serving court documents is that they serve the documents themselves, rather than having a person who is at least 18 years of age and not a party to the action serve them (California Code of Civil Procedure §414.10).

Improper service of the summons, however, is not a defense to the underlying facts of the lawsuit, nor does it have any effect on the running of the applicable statute of limitations. You can challenge the validity of the service by filing a motion to quash service of summons on or before your last day to file an answer, or at any later time if the court finds good cause (California Code of Civil Procedure §418.10), but this typically has little effect on a case other than to cause a brief delay. If your motion to quash service of summons is granted, the court will simply require that you properly served.

For this reason, and because of the time and effort involved in preparing a motion to quash service of summons, many defendants choose instead to ignore the issue and simply respond to the lawsuit, assuming they learn about it in time to respond. There is no standardized form for a motion to quash service of summons; and, like most other motions in civil cases, the motion consists of several parts: 1) a notice of motion and motion, 2) a memorandum of points and authorities, and 3) a declaration, with any attachments (California Rule of Court 3.1112). In addition, the motion must be drafted on 28-line pleading paper (California Rules of Court 2.108, 2.111). Although instructions and samples of pleading paper can be downloaded from our website at www.saclaw.org/pages/creating-pleadings.aspx, there aren’t any reputable examples of motions to quash service available for free online. We have both print and online instructions and samples in the Library at 813 Sixth Street downtown, however, and would be happy to show you these resources and, if applicable, how to download samples from the appropriate database.

If the plaintiff in your breach of contract suit is a credit card company or collection agency suing you over a credit card debt, you can find out how to answer the lawsuit on our website at http://www.saclaw.org/pages/respond-to-credit-card-case.aspx. We also offer an "Answer to Breach of Contract Workshop" every Monday through Friday morning in which an experienced paralegal walks you through the entire process of completing the forms used to answer your breach of contract/collection case.

For more on personal service of process of court papers, including a step-by-step guide and an animated video on proper service, go to http://www.saclaw.org/pages/personal-service.aspx

Good luck with your case, Tom, and don’t hesitate to visit us, in person or online, if you need any more help!

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Ask the County Law Librarian - Property Left Behind in a Rental Unit

2011-02-17T23:18:08Z

Q: Up until two weeks ago, I was renting a room in a house. I had become friends with the owner and moved in last summer to help us both out with costs. It became very unpleasant to live with her, however, and in December I gave her our agreed-upon 30 days’ notice that I would be moving out. She didn’t take it well, but I managed to move most of my things out (on my own). Due to a family emergency that took me out of the state for a week, I had to leave a few things behind in the garage. When I got back to town and tried to get my stuff, the owner refused! Is she guilty of stealing my things since she won’t let me pick them up? How can I get my stuff back?
- Jessica

A: This scenario is fairly common, and can happen in any situation in which there is a landlord/tenant relationship; for example, whether someone is renting a unit as part of an apartment complex or, as in your case, renting a room in a house. According to California Civil Code section 1965(a)(1), the landlord is required to return, or allow you to collect, your belongings if your request meets two requirements: 1) the request is made within 18 days of vacating the premises, and 2) the request is made in writing and includes a description of the property that was left. The request must be mailed to the landlord’s current address.

If your request meets both requirements, the landlord is legally obligated to respond within five days of receiving the request. She can ask you (in the form of a bill) to pay reasonable costs for storage; if she does, you must pay the charges and pick up the property within 72 hours of receiving the landlord’s demand. What qualifies as “reasonable?” And how should her written request be delivered? Civil Code section 1965 contains the answers to these questions and provides further information on the landlord's storage of the belongings and any storage costs incurred.

If your request meets both of the above-listed requirements, you agree to pay any costs relating to storage, and your ex-landlord still doesn’t comply, you could sue for actual damages and possibly more, if you believe she acted in bad faith [Civil Code Section 1965(e), (1) and (2)].

If more than 18 days has passed since you moved out and your remaining property is worth less than $300, the landlord is free to dispose of it. If it is worth more than that, the landlord must sell it at a public sale, subtract costs of sale and storage, and turn the rest over to the county. You have a year to claim the net profit from the sale (see Civil Code Sections 1983 and 1988).

As in most legal situations, there are exceptions and qualifications. You should conduct further research to find out how the law applies to your unique circumstances. To read the above mentioned Civil Code sections, go to www.leginfo.ca.gov and select California Law. Put a check box next to the Civil Code, and hit SEARCH. A linkable table of contents should appear. Go to the section you are interested in reading.

Another helpful resource is the book “California Tenants Rights” published by Nolo Press. The book is available at large bookstores, large libraries, directly from the publisher at www.nolo.com and from your local public law library. To find the law library nearest you, go to www.publiclawlibrary.org

For online information, the California Department of Consumer Affairs has made available the publication “Options for a Landlord: When a Tenant's Personal Property Has Been Left in the Rental Unit: Legal Guide LT-5.” The guide was published in 1996, so you’ll want to make certain that the code sections you might rely on are still current. You can do this by visiting www.leginfo.ca.gov and reading the current laws. The department website also offers an online version of California Tenants: A Guide to Residential Tenants' and Landlords' Rights and Responsibilities, for a more comprehensive look at the landlord/tenant relationship.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Big plans for River District

2011-02-16T06:21:01Z

Major changes are in store for the city’s River District, as the Sacramento City Council approved a set of future development plans Tuesday night.

The planning documents set a path for development of the area over the next 25 years, according to a report from city staff. The city’s plans for the River District, a 773-acre swath between the Sacramento Railyards and the American River, focus on ramping up residential, commercial, office and hotel development and moving away from industrial development.

Council members approved the plans in a 8-0 vote. Mayor Kevin Johnson did not attend the City Council meeting because he was out of town, said Johnson spokesman Joaquin McPeek.

The city wants to remodel the River District area into a “transit-oriented mixed use urban environment,” according to the Feb. 15 city staff report. The refashioned district would feature 8,144 homes, 3.9 million square feet of office space, 854,000 square feet of retail and wholesale, 1.4 million square feet of light industrial and thousands of hotel units, according to the report.

The plans would be a major change from the district’s current developments, which are mostly industrial.

City Councilwoman Angelique Ashby praised city staff’s development plans for the River District, noting that planned projects for the area would involve redevelopment funding. Gov. Jerry Brown has proposed disbanding redevelopment agencies and using redevelopment money on other local services. The city hopes to use $25 million in redevelopment funds on the River District in the future.

“One thing I do want to point out is that this is a really great example of why cities need to have control of ... redevelopment dollars,” Ashby said. “These are exactly the types of gems and pearls we’re trying to bring into our cities.”

Infrastructure upgrades, public resources and administrative costs for the River District remodel over the next 25 years will cost an estimated $323 million, according to the report. Fees paid by developers would cover $180 million of the amount.

If Brown throws out redevelopment agencies, work on the plans will slow, said Rachel Hazlewood, a senior project manager for the city’s Economic Development Department.

In addition to development, the city is also designating nine sites in the area as historical landmarks and setting up a North 16th Street Historic District. Sites that will be identified as historical landmarks include the PG&E Sacramento River Power Station at 400 Jibboom St. and Fire Station No. 14 at 1341 N. C St.

Read the city staff report here.

View River District Landmarks in a larger map

Kathleen Haley is a staff reporter for The Sacramento Press.

Ask the County Law Librarian – Can I Fire My Attorney?

2011-02-10T20:46:59Z

Q: I hired an attorney for my divorce, but he hasn’t done anything! Everytime I call his office, he doesn’t answer the phone. I leave messages but he never calls me back, he just keeps asking for more money even though I have already paid him way too much already. How can I get rid of him?

Mel

A: I'm sorry to hear that! You have a right to discharge or fire your attorney at any time for any reason or no reason at all, even if you still owe him money for the time spent working on your case. It is a fairly easy process, all you have to do is file a Substitution of Attorney form with the court. When filling out this form, you substitute either your newly hired attorney or yourself, if you plan to represent yourself.

If at the time you let him go, there is outstanding money owed, you will still owe the balance. However, there may be options for disputing the amount owed, especially if you have not been given an accounting of the time and money spent on your case. If you believe that your attorney's bill is too high, you should first talk to your lawyer about the bill, and make your concerns clear. You may find that the case was more complicated and took more time than you realized or your lawyer may agree that a mistake was made on the bill and make corrections. If there is still a dispute, the Sacramento County Bar Association administers an arbitration program to assist clients in resolving fee disputes with their attorneys without going to court. You should contact the Sacramento County Bar Association directly for information on disputing the fee and fee arbitration.

All lawyers who practice in California must live up to ethical standards imposed by the California Supreme Court and the state legislature. You can file a complaint with the State Bar of California if you believe that your lawyer acted improperly, but not just because there is some disagreement between you, or you believe he or she did a poor job. Depending on the seriousness of the offense, a lawyer can be given a warning, put on probation, suspended from practicing law for a period of time, or disbarred - prohibited from practicing law in California. For more helpful information on how to handle a disagreement with your attorney, check out this pamphlet from the State Bar of California.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Museum Mayhem

2011-02-08T01:45:21Z

You know what's better than a museum? A free museum.

You know what's better than a free museum? Twenty-six free museums.

Saturday, two baker’s dozen of the best museums in Sacramento swung open their doors and let in every Tom, Dick and Harry, free of charge. Gratis. Complimentary. On the house. Floated.

Now, my motto has always been "If it's free, I'll take three," so I fought through a wicked head cold and really bad sniffles (I know, I know. Maybe I did take the Waaaaaaaambulance. So what?), and headed down to Old Sac to take my reward. And I took my reward.

I may have to change my motto to the far less catchy, but way more accurate, "if it's free, I'll take six."

The lucky half dozen, in chronological order: The California State Military Museum, Old Sacramento Schoolhouse Museum, Sacramento History Museum, California State Railroad Museum, California State Capitol Museum and The California Museum.

California State Military Museum-
My first stop on this beautiful Saturday morning, it was heavily guarded by a variety of military vehicles parked out front. One of them appeared to be a military fire truck. Be still my beating heart.

I ventured inside and was pleased to be greeted by guns, guns and more guns. For my money, as far as weaponry goes, there may be nothing cooler than the multi barrel machine gun. Maxim guns, battery guns, they have a plethora of these mean looking SOBs on display therein. I wanted to call them all Gatling guns, but it turns out I was mistaken. Volunteer Tom Burke was happy to explain the difference.
The Gatling gun is hand-operated, and the Maxim is self-powered – using the energy from the recoil to eject the spent cartridges. The Gatling gun can fire up to 200 rounds a minute. The Maxim, 600. A multi-barrel gun with an outside power source? 3,000. Dang.
Have you ever seen a .50 caliber machine gun? I have. Have you ever held a Russian submachine gun? Ditto. Thanks to the California Military Museum.

The Schoolhouse Museum-
Whereas the military museum had been well-peopled, the schoolhouse was packed, mostly with children (makes sense, if you think about it). They seemed to all be having a good time, which is something of a coup, considering they were in a schoolhouse on a beautiful Saturday afternoon. I think the free cake may have had something to do with it. The volunteers, all schoolmarmed-out, were exceedingly friendly. They had a peach basket set up on the wall in the corner where a few kids were shooting hoops. I didn't see any of them make it. I'll be honest, I was in and out like a jewelry heist. I like kids fine, but not 30 at a time. God bless those schoolmarms.

The Sacramento History Museum-
Next, I walked across Old Sac to the History Museum, stopping only to grab a free sample of saltwater taffy at the candy store. I'd also stopped there on the way to the schoolhouse. Like I said, if it's free...

I passed the greedy hordes out front panning for gold and entered the museum. I was struck immediately by the old-time printing press to the right of the entrance. There is a certain magic to the care with which the printed word used to be created. What is now so simple was once so labor-intensive (typesetting!). I spent a few minutes watching the old fellows work in the print shop before venturing into the museum proper.

Probably my favorite part of the museum was the section with the old farm tools, like the "Sure Pop Almond Huller" and the "Simpson Butter Cutter." (If you're like me, next time you go up to Apple Hill, be sure to check out the Larsen Pioneer Farm Museum. It's fantastic.)

I also really enjoyed the exhibit on Sacramento landmark Dunlap's D ining Room. . . they just don't make places like that anymore, and it's a shame.

By the time I left, the museum had reached capacity, and a small line had formed out front.

California State Railroad Museum-
A couple of my most vivid early childhood memories involve trains: playing with my grandfather’s train sets in the attic of their home in Portsmouth Ohio; and a family train ride I took from New York City to Ohio, during which we played canasta and I saw a man open a beer bottle using his eye socket.

I also used to take the train up to school in Eugene, Ore. I love trains. If it were economically and logistically feasible, I would do all of my traveling by rail. It's really the only way to travel.

Of all the museums I visited, I was probably most excited to visit the Railroad Museum.

It did not disappoint. I even really enjoyed the educational film that plays on the half hour, at the end of which the screen rises to unveil a massive steam engine, barreling through a tunnel blown through solid rock. Pretty dramatic.

I could, and one day will, spend hours meandering through the myriad railroad-related exhibits, but on this day, and in my weakened state, the museum was a bit too crowded for me to fully enjoy it.

Many of the train walk-through exhibits had good-sized lines to get in, and once inside, the people were packed in shoulder-to-shoulder. Neither of these situations was very appealing to me, so I chose to fight another day, and did only a cursory walkthrough, consciously not looking at anything too thoroughly so as to save it for next time. Man, that is nerdy.

I'll be back soon.

State Captiol Museum-
I'll admit it, I was just padding my stats here. I was walking to the California Museum, and this was en route. I spent maybe 10 minutes inside. I was hoping it would be a shortcut, but the doors on the south end weren't open. Doh. Don't get me wrong, it's well worth the visit, but I'd been there fairly recently with some friends from out of town.

The California Museum-
With the Railroad Museum, this was my co-favorite of the museums I visited. The California Hall of Fame is very cool and eclectic (James Cameron, Charles Schultz, Merle Haggard, Barbara Streisand and Mark Zuckerberg are all in the 2010 club. The California Hall of Fame makes for strange bedfellows, apparently.), but my favorite exhibits were the "Uprooted! The Japanese Americans during WWII" and the "Psychedelic Poster Art 1965-1975."

Both exhibits are awesome.

The Japanese Internment during World War II is one of the more embarrassing acts in American history, and it is an episode that is oft-overlooked or glossed over. I remember it being discussed very briefly, maybe in a sixth grade American History class, but we certainly didn't dedicate an entire class period to it, or even a large portion of one. I think, in our history books, we had maybe one secondary paragraph devoted to the internment, set aside in the corner of a page with a different color background.

The exhibit does a great job of showing what internment was like from a Japanese-American perspective, and the volunteers like Sacramento native Mas Hatano, who spent three of his teenage years in Tuli Lake Internment Camp on the Oregon border, do even better.

Said the still spry and extremely sharp Hatano: "The more people know about this, the less likely it is to happen again." It's hard to believe that something like this could have happened here such a short time ago, but a lot less so when speaking with a man who lived through it. I wish I'd had an opportunity to visit such an exhibit, and speak with such a man, when I was a sixth grader.

The Psychedelic Poster Art Exhibit was awesome... ’cause it's psychedelic poster art. I mean, a poster for The First Annual Sacramento Pop Festival, Oct. 15, 1967 featuring Jefferson Airplane and Strawberry Alarm Clock at Hughes Stadium? "Donation $3.00 in advance, $3.50 at the stadium Box off. Come and go as you please, visit psychedelic shops at the festival." Don't mind if I do. If you don't get a kick out of that, I'm not sure we should hang out anymore.

Six museums in just under five hours: I absolutely owned Free Museum Day. And so did many of you: The Sacramento History Museum had 3,233 visitors on Saturday, up from an average Saturday attendance of around 200. The California Museum had approximately 4,000 visitors, up from the same Saturday average of around 200. And the Railroad Museum, which brings in somewhere between 800 and 1,000 visitors on an average Saturday, pulled in 13,742.

As Paul Hammond, museum director for the Sacramento History and Railroad Sector, put it: "This event is a wonderful opportunity for the spotlight to shine on museums in the region. There are so many museums right here in the greater Sacramento area, and this event gives the community an opportunity to sample the many possibilities and become more familiar with them."

And sample we did, voraciously.

Consider my appetite whetted.

Ask the County Law Librarian – Expunging Criminal Records

2011-02-03T23:37:56Z

Q: Several years ago, I was arrested for shoplifting. I haven’t been in trouble since then. Having the conviction on my record is making it hard for me to find a job, though. My friend said I might be able to have the record sealed, since it was a long time ago. Is this possible?

Judith

A: Most likely, yes! California law allows many types of criminal convictions to be “expunged.” This means that the case is reopened, your conviction is dismissed, and the case is closed without a conviction. In effect, you are no longer a convicted person. However, the case record itself will still exist, and the expungement will appear on your background check.

Expungement is an option for most types of offenses in which probation was ordered as part of the sentence (Penal Code 1203.4), most misdemeanors even if probation was not ordered (Penal Code 1203.4a), and some types of felonies (Penal Code 17).

If your conviction qualifies under Penal Code 1203.4, Penal Code 1203.4a, or Penal Code 17, you must have completed all aspects of your sentence prior to applying for expungement. In addition to completing your probation or incarceration, you must have fully paid all fines, fees, and restitution ordered in your case. If you have not finished paying these, or if you are currently the subject of any other criminal proceedings, your request for expungement will be denied.

The expungement process is fairly easy, requiring only two forms: CR-180 and CR-181. You will need a copy of your criminal history or case information to complete the forms. If your conviction was in Sacramento County, you should be able to access all the information you need from the Superior Court Case Index. Instructions for filling out these forms, as well as more information about expungement and a video walking you through the process, are available on the Law Library’s website.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Everyday Law: Moving Companies

2011-01-31T23:49:40Z

Moving ranks high in the list of most stressful life events. In addition to settling into a new environment and learning your new neighborhood, the move itself can be a stressor. Turning all your worldly possessions over to a stranger, for that person to handle and transport, can definitely increase your anxiety level. This may be compounded by the rash of moving company scams seen in the news lately.

Luckily, moving companies are highly regulated. California and Federal laws have been enacted to protect consumers from unscrupulous moving companies. Your rights under these laws are explained in informational booklets that movers are required to provide to customers. Both the California and Federal (Interstate) booklets are available online, and are great sources of information. Some of the most important rules are summarized here.

Licensing
The Public Utilities Commission (PUC) requires all California in-state movers hold a permit. Applicants must meet the strict qualification guidelines, including a background check, to receive a permit. The Public Utilities Commission maintains a database of companies with active permits, which you can use to verify a moving company’s license.

Moving companies that offer interstate service are governed by Federal law, and must be licensed by the US Department of Transportation’s Federal Motor Carrier Safety Administration. Databases to look up safety records and licensing and insurance information are available for all DOT-licensed companies.

Pricing
Maximum rates for services and supplies for California movers are set by the Public Utilities Commission, and listed in the annual Maximum Rate Tariff 4. Under California law, written estimates must be based on a visual inspection of the goods to be moved, and are binding on the mover (Maximum Rate Tariff 4, Item 108). Verbal rate quotes or estimates are not binding! If, after receiving an estimate, you decide to add services such as packing or appliance set-up, the mover will have you sign a change order. The cost of these additional services will be added to the original estimated price.

Prior to loading your items onto the truck, the moving company will have you sign a contract for services. For California movers, this contract must include a “Not to Exceed” amount, which is the maximum you can be charged, unless you add services after signing the agreement. This should match your written estimate, unless you’ve added services. If you do not have an estimate, you cannot be charged more than the “Not to Exceed” price, plus the cost of any services you add to the order; or the total cost for the services you used, calculated using the rates quoted in your agreement (Maximum Rate Tariff 4, Item 28).

Under Federal law, all interstate moving companies are required to file a tariff with the Surface Transportation Board which lists all the services and products they provide, and the prices for each. The company may provide a written binding or non-binding estimate. If you receive a non-binding estimate, the moving company is legally required to charge you the amount calculated using the published tariff, regardless of the estimated cost.

Insurance
California moving companies are required to maintain minimum levels of liability insurance for both bodily injury or death and cargo. Your cargo is protected against loss or damage at 60 cents per pound per item, up to $20,000. You may purchase additional coverage if you wish. Be sure to declare the value of all articles, particularly items of extraordinary value, such as jewelry, art and antiques. Otherwise, any claim you have will be limited to the $20,000 maximum, regardless of the level of insurance you purchase (Maximum Rate Tariff 4, Item 136). There are additional limits to the moving company’s liability, which are described in PUC General Order 136-C.

Interstate moving companies also protect your items from loss or damage. You are automatically charged for full-value coverage of your items. If you waive full coverage, your items will be protected at a rate of 60 cents per pound, at no cost to you.

Release of Property
Unless otherwise specified in your contract, payment for moving services is due at the time of delivery. The moving company must release your property upon full payment. For California movers, the full payment amount must not be more than the “Not to Exceed” amount on your contract, plus any additional services noted on a written change order (Maximum Rate Tariff 4, Item 104). Interstate moving companies must release your property to you upon payment of 100% of a binding estimate, or 110% of a non-binding estimate. For moves involving a non-binding estimate, the costs may be greater than 110% of the estimate. The mover must release your property to you upon payment of 110% of the estimate, and collect any balance due at a later date.

Claims
If any items are lost or damaged during your move, both California (Maximum Rate Tariff 4, Item 92) and Federal law require moving companies to have claims procedures in place. These claims procedures are intended to help resolve disputes quickly, in as little as 60 days. Keep in mind that you must pay the bill, regardless of damage to your items. Property damage and shipping contracts are two separate issues. If you have not paid the bill in full, you will not be able to file a claim for loss or damage.

Protect yourself from moving scams by researching the company before signing a contract. Be sure to check the California or Federal database to ensure the company is licensed. Ask friends or your realtor for recommendations, or contact the Better Business Bureau for customer reviews of the company.

For more information on this and other “Everyday Law” subjects, visit the Sacramento County Public Law Library, “Providing Free Public Access to Legal Information for over 100 years.”

Unified Wine & GrapeGrowers Symposium Takes Over Downtown Sacramento

2011-01-31T20:21:33Z

The streets flooded with winemakers, vintners, grape-growers, agricultural manufacturers and wine industry icons as over 12,200 people gathered for the Unified Wine & Grapegrowers Symposium Jan. 25 through 27. This annual event, always held at Sacramento's convention center had it all from tractors to tasting rooms. Sponsored by California Association of Wine Grape Growers this industry event, which is open to the public provides significant industry insight on what's currently happening in the wine industry.

From industry insights to new packaging techniques, it was a fount of information on who the wine market will be aiming at, where wine-drinking trends are going and what kinds of wines we'll be drinking in the next decade. The answers might surprise you!

Here are some industry highlights that the true wine geeks will love/hate:

* Immigration reform conclusions: Either we outsource our labor or we outsource our food production.
* A record-breaking 12,200 industry professionals were in attendance for the "State of the Industry," with some people even seated on the hotel floor.
* Crisis planning is imperative for successful futures: It's not if but when a crisis will happen.
* The "Millennial" market (ages 17 to 34) is the largest growing market in wine and will be increasingly catered to in wine preferences and marketing techniques.
* Muscato wine has seen a 109 percent increase in growth, so prepare to see a lot more sweet, white wines.
* The global market of the future is China, Japan and Korea, large counties with growing middle-class markets with disposable income.
* Merlot is still feeling the horrible effects of the "Sideways” movie incident even seven years later. You'll see less on the shelves and less planted in the ground.

It was nice to see how much of the agricultural "in-the-fields" industry was walking around with iPads and iPhones. Technology has taken all sectors by storm.

So another year passes, and the event gave all of us true wine geeks something to think about: where our grapes are coming from, who they are marketing to, and what we'll be drinking in the coming years.

Sidebar

2011-01-31T20:07:52Z

With his security detail watching the surroundings, Mayor Kevin Johnson answers a question about an earlier incident that involved a reported threat to his safety. To accommodate the media, the Mayor took a momentary break in a day-long series of meetings with the mayors of eight other California cities and several State officials, including Governor Jerry Brown. The "Big 10 Mayors" were in Sacramento in an attempt to keep redevelopment funds from being completely absorbed back into the State budget.

Ask the County Law Librarian - Consumer Pet Protection Act

2011-01-28T00:38:14Z

Q. I purchased a pug at a pet store in the Bay Area ten days ago and now the dog is sick. I took Sparky to the veterinarian and she has hospitalized him. I think he will pull through. What are my options with the pet store?

A. California’s Pet Protection Act (Health & Safety Code Section 122125 et. Seq.) gives consumers recourse when they discover that their pet is ill within 15 days after taking possession of the pet from the pet store.

First you must get a written statement from the treating veterinarian stating that the dog is sick and is requiring hospitalization (Health & Safety Code Section 122160). The statement must be delivered to the pet dealer no later than five days after the diagnosis is made.

You have three options:
• Return the dog for a refund of the purchase price and reimbursement for reasonable veterinary fees up to the cost of the dog.
• Exchange the dog for another of equal value and get reimbursement for reasonable veterinary fees up to the cost of the dog.
• Keep the dog and receive reimbursement for reasonable veterinary fees up to 150% of the purchase price of the pet.
(Health & Safety Code Section 122160)

Dealers who knowingly sell sick animals are subject to a penalty of up to $1000.

If the pet store doesn’t dispute the diagnosis, the refund and reimbursement must be paid within ten days after the dealer receives the veterinarian’s statement (Health & Safety Code Section 122180)

For future pet acquisitions, our local City Shelter and the Sacramento SPCA are great options for pet adoption.

Get well soon, Sparky.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Congresswoman Matsui Introduces Critical Flood Protection Legislation for Sacramento Families, Businesses

2011-01-26T21:13:19Z

Congresswoman Doris Matsui (D-Sacramento) introduced the Natomas Basin Flood Protection Improvements Act in the House of Representatives Tuesday, which would provide Natomas families and businesses the flood protection they need by authorizing additional construction work on the Natomas Levee Improvement Program, and in turn create jobs and support the area’s construction industry.

"This is an opportunity for the federal government to deliver for the Sacramento region by improving our public safety, strengthening our economy, and creating good jobs for our constituents,” said Congresswoman Matsui. “I look forward to working with my colleagues to authorize this project. This Natomas Basin Flood Protection Improvements Act is a critical component in improving the flood protection of our region.”

The Sacramento region is the most at risk urban area to river flooding in the nation. Accordingly, the region has worked continuously to bolster its flood defenses and emergency preparations, and has invested millions of dollars of local, state and federal funding to strengthen its levees. Securing federal authorization for construction in Natomas is the next critical step.

Specifically, Congresswoman Matsui’s legislation would authorize full federal participation in the Natomas Levee Improvement Program, which will restore 100-year flood protection and ultimately achieve 200-year level flood protection. Natomas is home to almost 80,000 residents and hundreds of local businesses. The Natomas area is also a key transportation hub for the region, incorporating the Sacramento International Airport, Interstate 5 and Highway 99, all a critical part of the regional economy.

Each year of delay in levee improvements exposes the community, as well as the State of California and the federal government, to additional risk, increased program costs, and direct and indirect impacts to the economic health of the region. It also creates a financial burden for families. Since the Natomas area was remapped by FEMA in 2008, homeowners have been mandated to buy flood insurance, which can cost up to $1,300 a year.

“My legislation would expedite the completion of urgently needed improvements that protect the people of Sacramento,” said Congresswoman Matsui. “A key component towards addressing public safety concerns in Natomas is seeking federal authorization to allow for these upgrades to move forward more quickly. That is why I introduced this critical measure, and will do everything I can to ensure the project is authorized.”

The foundation for Rep. Matsui’s legislation is a recently completed report by the U.S. Army Corps of Engineers, which declared the 42 mile levee improvement project to be in the federal government’s interest. The State of California and Sacramento Area Flood Control Agency (SAFCA) have started work on the levee improvement project, and by the end of this year will have spent $360 million on roughly half the project. The upgraded levees in Natomas will be some of the widest and strongest levees built in the state and will comply with new, stronger federal levee standards.

“I am working every single day to reduce our risk, ensure flood insurance is affordable, and to increase federal support of Sacramento’s flood protection projects,” Matsui added. “From the Folsom Dam Joint Federal Project to the South Sacramento Streams Group, there are a number of currently authorized flood protection projects that are improving our safety and together will offer our region the best possible flood protection.”

For more information, please visit www.matsui.house.gov/floodcontrol

Disclosure: Mara Lee is the Public Information Officer for Doris Matsui's office

Best selling author Kim Edwards speaks as part of CA Lectures circuit

2011-01-23T00:48:03Z

Widely acclaimed author of “The Memory Keeper’s Daughter” and more recently ”The Lake of Dreams” Kim Edwards spoke at the Crest Theatre on Thursday as the fourth author of the California Lectures’ 2010-2011 season. Her work has been praised for its wit, humanism and realistic settings as well her innate ability to transport her reader to exotic locales and accept them implicitly in the story.
Her second and most recent novel, “The Lake of Dreams,” came fast on the heels of the breakout success she achieved with her freshman effort, “The Memory Keeper’s Daughter,” which spent an awesome 122 weeks on the New York Times Best-seller List, 20 of which were spent at number one.
The lecture, which was more of an interview, comprised of the guest, Edwards, her interviewer, noted author Susan Kelly-Dewitt, two chairs, a sparse table and two goblets filled with water. Both had soft, lilting voices that floated over the audience with their talk.
While the discussion covered a large part of her sudden success with her first novel, Kelly-Dewitt also brought the discussion around to her first collection of short stories, the highly acclaimed “The Secrets of a Fire King,” and, in more detail, her recent January release “The Lake of Dreams.”
The story centers on Lucy Jarrett, who returns to her childhood home in the fictional Lake of Dreams, N.Y. to find that her brother is attempting to erect high-end real estate, and she reignites a relationship with her first boyfriend. The twist comes when, haunted by her father’s untimely death during her youth, that she discovers a hidden note and, with it, family secrets.
The story is made more timely, also, by the use of one of the characters seeing the 1910 occurrence of Haley’s Comet, something that Edwards says made her think about it as a “a really interesting way to tie an intergenerational novel together.”
“Haley’s Comet comes every 76 years,” she said, discussing how she was able to link it to the passing of the comet in 1986. “It’s about the span of a human life, roughly speaking. I felt it could really work.”
The latter was the main focus of the evening, with Edwards displaying her intricate and detailed knowledge of everything from stained glass to blown glass, from concentric circles in a historical sense to the importance of personal letters throughout time.
As a writer that plays with thematic imagery, her work can be seen as prosaic in its descriptive flare and ability to conjure a vivid scene in the reader’s head with only words. Not only this, but she lets the story work for itself, and through it adds layers without creating kinks.
“As a writer, I think that the imagery of a piece, of a story, or a novel has to be organic to that story,” Edwards said, “I never really set up thinking, ‘I’m going to use water imagery,’ because if I do that, I found for myself that it just really takes the life out of the story. With this book, once I understand the imagery is coming from the story, I try to work with it.”
Throughout the evening Kelly-Dewitt had passages picked out for Edwards to read. Her tone of voice was soft and lyrical and matched the feeling and density of her prose. While the book is not difficult to pick up, a shortsighted reader might miss the simple calligraphy of words Edwards knits her stories with.
The California Lectures series will continue with Amy Bloom on Feb. 23 and Terry McMillan on March 24. For more information, visit here.

Ask the County Law Librarian – Finding a Will

2011-01-20T17:57:29Z

Q: How can I get a copy of a will? I believe I was named in my mother’s will but I can’t find a copy. Mom passed away recently and my sister has been transferring Mom’s property into her own name.

Marge

A: We hear variations on this question surprisingly often. Usually, there is nothing mysterious going on. Check with the probate court in the county where your mother was living when she died. If a will was filed or a probate was opened, that is where it should be, and the clerk will be able to find it using your mother’s name and date of death.

In many cases, nothing will be on file with the court. This is probably not a sign of any kind of misconduct. Perhaps your mom never got around to writing a will. Maybe she put her property in a trust, so probate is not necessary. Even if there is a will, there may not be enough assets to justify a formal probate, or it might not have been located yet. And, occasionally, people do hide or destroy wills.

Finding the will: If your sister is handling your mother’s debts and assets, you can ask her if she has located the will or trust documents. If not, check with your mother’s attorney. Search her home or office file cabinets and desks. Contact any banks she used, to find out if she had a safe-deposit box there. Banks will usually let family members open a safe-deposit box in the presence of a bank officer to search for a will or burial instructions, although nothing else may be removed. Be sure to bring a copy of the death certificate.

If you believe that your sister has (or had) the will and is refusing to give you a copy or file with the court, you can petition the court to order her to produce it under California Probate Code Section 8201. There is no preprinted form for this, so you would need to either hire an attorney or come in to the law library and do some research. We have samples of this form that you can customize.

If you do find a will, you can start a probate case. In the case, you (or someone) will have to tally up all of your mother’s assets and debts, settle the debts, and then divide the remainder between the beneficiaries of the will, all under the court’s supervision.

What if there is a trust? If your mother set up a trust, there may never be a probate case. However, the trustee would be required to give you notice of the trust, even if you are not named in it, since you are one of the children. (California Probate Code Sections 16060.5-16061.8.) Therefore, if there is a trust, you should receive information about it, including your right to a copy of the documents. If you don’t get notice, you can sue the trustee for any damages you suffer as a result (including attorney's fees).

What if there is neither a will nor a trust? If there is no trust or will, your mother’s property goes to her surviving spouse or domestic partner. If none, her property should be divided equally between her children under California Probate Code Sections 6400-6414. If that doesn’t happen, you can start a case in probate court to enforce your right to your portion. Again, if you decide to go this route, you would need to either hire an attorney or come in to the law library and do some research.

Do keep in mind that any court action will take a lot of time, energy, and money. Unless your mother’s estate (after subtracting any debts) is fairly big, it may not be worth investing time and money, but that is up to you.

Try just talking to your sister first. She may be transferring money to make it easier to pay off debts and wind up your mother’s affairs, and may not realize that she needs to keep you better in the loop. If you still aren’t satisfied, you can decide whether to take that next step of filing in court.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

City leaders back redevelopment agency

2011-01-19T06:28:47Z

Mayor Kevin Johnson and Sacramento City Council members on Tuesday discussed their opposition to Gov. Jerry Brown’s proposal to de-fund local redevelopment agencies.

Johnson said at his weekly press conference on Tuesday morning that Brown’s proposal could interfere with $108 million in local redevelopment funds that have not yet been spent on projects. He said he wanted to examine the option of fast-tracking redevelopment projects in light of Brown’s proposal.

“At the end of the day, we’re going to fight like crazy to try to prevent redevelopment agencies from being cut,” Johnson said. “We’ve got to salvage and preserve the dollars that we do have by almost any means necessary.”

Council members and Johnson discussed the issue at Tuesday night’s City Council meeting.

“I think we should do all that we can from a City Council perspective to protect the redevelopment dollars,” Ashby said.

The council members discussed the issue after hearing a presentation on state issues from the city’s lobbyist, David Jones.

“We don’t have any details on the (redevelopment) proposal,” Jones said outside the City Council meeting. “But we know ... that to entirely eliminate redevelopment would be devastating to this community and others.”

Meanwhile, Brown spokeswoman Elizabeth Ashford said redevelopment funds could be used for other purposes. “We hope that the redevelopment agencies rushing through billions in taxpayer dollars are going to use these funds to create jobs now,” according to an e-mailed statement from Ashford. “These scarce dollars, which could be used to protect police, firefighters and teachers, should not be banked away for special projects.”

Kathleen Haley is a staff reporter for The Sacramento Press.

PODS Sacramento saves four local charities $8,500 by providing logistics, containers

2011-01-14T21:53:05Z

For the fourth year, PODS Sacramento provided the sleighs for Santa, teaming up with News 10 Coats for Kids, Chips for Kids, Toys For Tots and the Salvation Army to donate $8,500 in logistics and storage containers.

PODS Sacramento, part of the PODS Enterprises, Inc. national franchise network, donated logistics services and 29 portable storage containers to several local nonprofits this holiday season, allowing organizers to concentrate on fundraising efforts instead of expenses.

Over the holidays, from November through December, PODS Sacramento supported News10 Coats for Kids Winter Coat Drive, Chips for Kids Toy Drive, Toys For Tots and the Salvation Army local chapters. It is the fourth year PODS has partnered with these charities.

PODS Territory Manager Brian Bills says the 12 and 16-foot PODS containers provided extra on-site storage for donations received by each charity, saving the four nonprofits $8,500 in rental and delivery fees, staff time and fuel for its delivery trucks.

Now in its 20th year, Coats for Kids and its community partners collected and distributed nearly 40,000 coats to children and families in need this year, all stored for more than one month in PODS containers. With the Salvation Army, CHiPs and Toys For Tots clothing, more than 500 bicycles and thousands of toys and were collected from the community and stored in the containers.

PODS Sacramento serves all cities in the greater Sacramento area. For more information, visit the website at PODS.com/sacramento.aspx or call 866-229-4120.

Disclosure: Tina Vervoorn is the Public Relations Manager for Consortium Media Services, representing PODS.

Ask the County Law Librarian -- Children's wishes in custody disputes

2011-01-13T18:53:48Z

Q: I’m going through a horrible, messy divorce, and I’m afraid my worst fear may come true—my 13-year-old daughter wants to live with her father instead of me because the cheating bum is “cool” and I’m just an over-anxious nag. Really he is just lazy so he lets her do whatever she wants and I’m the only one who ever enforces any discipline. A friend told me that there is a new law that says a 14-year-old can choose which parent gets custody. Is this true?

A: Under California law, there is no specific age at which children can make custody or visitation decisions. The California Family Code, section 3042(a)), states that a court must “consider” and give “due weight” to the wishes of children who are of “sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation.”

The legislature amended this law in 2010, so maybe that is what your friend is thinking of. The amendment, effective January 1, 2012, requires a court to hear a child who wishes to address the court regarding custody or visitation if the child is14 years or older, unless the court determines that addressing the court is not in the child's best interests. In addition, a child who is younger than 14 years old and wishes to do so may be permitted to address the court regarding custody or visitation if the court determines that hearing from the child is in his or her best interests.

In other words, if the court determines that the child is mature enough to have informed opinions as to custody and visitation, then the court must use this opinion as one factor to consider when making the custody and visitation order.

Whether the minor is of “sufficient age and capacity,” the threshold prerequisite to consideration of the child's wishes, varies with each child. The requisite maturity is not measured by any particular chronological age.

Obviously the new law has not yet been tested in the courts. In previous case law, however, courts have become more receptive as the child approaches teenage years. In Marriage of Rosson, 178 Cal. App. 3d 1094 (1986), and Marriage of Burgess, 13 Cal. 4th 25 (1996), for example, 10-and 13-year-old children met the “sufficient age and capacity to reason so as to form an intelligent preference” standard. In Stuart v. Stuart, 209 Cal. App. 2d 478 (1962), the court said it would listen to children as young as seven or eight. In Marriage of Slayton, 86 Cal. App. 4th 653 (2001), the court found it doubtful that a 5-year-old could realistically meet the statutory standard. In Marriage of Mehlmauer, 60 Cal. App. 3d 104 (1976), however, the court determined that a 14-year-old boy did not meet the standard and refused to shift custody from the mother despite the child's wishes. The bottom line is that custody is awarded according to the best interests of the child.

The California cases referenced above can be located at http://www.lexisnexis.com/clients/CACourts/ by doing a citation search. After checking the box next to “I have read and agree to these Terms and Conditions,” and clicking on “BEGIN SEARCHING OPINIONS,” click on “By Citation” under the word “Search” on the top left of the screen. Use the “Search by Citation Criteria” template to input your search. For example, in the Stuart v. Stuart case, 209 Cal. App. 2d 478, the first number, 209, represents the volume number of the Reporter the case appears in, so type that number into the “Enter Volume” box. Then, using the pull-down menu, select the abbreviation for the Reporter the case appears in, “Cal. App. 2d.” In the “Enter Page #” box enter the second number in the citation, 478, which is the page upon which the case begins. Finally, click on the “GO” button to retrieve your case.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Ask the County Law Librarian - California Statutes of Limitations

2011-01-06T23:07:38Z

Q: About six years ago, I lent a friend $600 to help with her tuition and living expenses while she was enrolled in college. We had an informal, but signed, contract that she would pay the money back within one year. She had to stay in school longer than expected because of tough circumstances, and we agreed that she could take longer to pay the money back (but not in writing). I then moved to another state, and have just recently moved back to California. Since I’ve been back, I’ve asked for the repayment several times, but I keep getting excuses. I’m thinking of taking this to court, but a friend says that too much time has passed and that the statute of limitations has run out. Is this true? I thought a statute of limitations only applied to criminal issues.

-Ana

A: Statutes of limitations (also called limitations of actions) apply to both civil and criminal actions. Some people may be more aware of these statutes as the apply to criminal actions, since many popular TV crime dramas mention them in passing: maybe the police can’t charge the bad guy with a crime because the statute of limitation for Breaking and Entering has expired; or perhaps the bad guy can be charged because there is no statute of limitation for murder. Television is well on its way to making us all forensic and legal experts, it seems! The basics of this type of statute are outlined below, but questions on this issue can be complex and may require that you spend some time doing research.

Statutes of limitations are enacted by the state legislature and may contain exceptions, qualifications, or additions depending on the circumstances of your claim. A judge cannot extend the time period unless the statute itself provides such authority, but there are legal doctrines (i.e. case law) that may provide relief from an otherwise expired statute of limitation. Discovering and applying these doctrines requires a thorough understanding of the law and a good deal of research.

The purpose of these statutes is to prevent old or false claims from arising after all evidence has been lost or destroyed, or after the facts have become muddled with the passing years. It is also to encourage those who might have claims to begin an action early, while the evidence is “fresh” and potential witnesses are available.

One aspect that might complicate your research is determining which statute(s) of limitations will control your cause(s) of action (or, why you are suing). States establish different deadlines depending on what the cause of action involves, such as a contract, a personal injury, or real property. Knowing which “category” your lawsuit will fall into will require some research or a consultation with a licensed attorney. Below are some online resources that may be helpful, but for more in-depth information you may want to visit your local county law library.

For civil actions, statutes of limitations can be found in the California Code of Civil Procedure §§312-363, which can be found online at http://www.leginfo.ca.gov/calaw.html or in print at your local county law library. You can browse the sections by clicking the box by Code of Civil Procedure and then clicking search. For criminal actions in California, statutes of limitations are located in Penal Code §799 et seq.

Nolo Press, a publisher of self-help legal materials, provides a brief description of statutes of limitations on its website. Also, the website’s encyclopedia features a useful chart comparing the statutes of limitations for all fifty states.

A few Nolo Press books, including “Everybody's Guide to Small Claims Court in California” and “Win Your Lawsuit in California,"provide explanations of some the statutes applicable to civil actions in California. These books are usually available for purchase in large bookstores, directly from the publisher at www.nolo.com, or online at www.amazon.com. When purchasing any law book on Amazon, be certain that you are buying the most recent edition or update. You can also find these books at your local public library or county law library. To find the law library nearest you, go to www.publiclawlibrary.org.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Ask the County Law Librarian - Pet Licenses

2010-12-23T19:51:37Z

Q: We’re adopting a dog for our children for Christmas. A friend told me we'd need to get a pet license. Is this true? If so, who do we contact for that?

Bridget

A: Congratulations on the new addition to your family!

Sacramento County, and all cities within the County, require dogs and cats over 4 months of age to be vaccinated and licensed. Sacramento City also requires licensing of mini-pigs.

Each city processes its own licenses, so you will need to contact the Animal Services department for the city where you live. Links to each of those departments is listed below.

Citrus Heights (contract with the County to process animal licenses) - (read the code section here)
Elk Grove - (read the code section here)
Folsom - (read the code section here)
Galt (contract with the County to process animal licenses) (read the code section here)
Rancho Cordova - (read the code section here)
Sacramento - (read the code section here)
Unincorporated Sacramento County - (read the code section here)

Licensing fees vary between cities, and are significantly higher for unaltered animals. One-year licenses for a spayed or neutered dog will be $10-$15. One-year licenses for unaltered dogs range from $30-$150. Most cities offer one, two, or three year licenses, with discounts for the longer licenses. In order to obtain an animal license, you will need proof of rabies vaccination. If you wish to pay the reduced licensing fee for an altered animal, you will also need proof of spay or neuter.

Licensing your pet offers many benefits, especially if your pet gets lost. If your pet is wearing her license tag, animal control officers will attempt to bring her home, rather than taking her to the shelter. Should your pet end up at the shelter, though, the license will extend the time she is held at the shelter.

www.saclaw.org

Camerata California to sing "Child's Christmas in Wales"

2010-12-19T01:39:56Z

Child’s Christmas in Wales is a new work, at least on the West Coast. It was commissioned in 2003 for a mixed choir, soloists, and chamber symphony in New Jersey.

Matthew Harris comes to us this Sunday with a composing track record as long as Santas beard, and with the kudos that come from doing much more with his choral scores than anyone ever expects. So I found out by Googling “Matthew Harris Composer”.

I asked two of the Chanteuses, who are also in the Camerata, how they liked the work. They were excited, and now so am I. went to his website to check things out. He is quite modest about commissions for choral works. There are plenty of them, and serious choral directors say it is a great pleasure to direct and produce his works. One group, a Galway, Ireland Men’s Choir commissioned a work “Three Plums”, which they used to win acclaim at the Cork Choral Festival. He also makes it very clear that his arrangements of choral pieces are easily accessible to community choral groups.

I am sure Child’s Christmas in Wales will exceed expectations tomorrow Sunday December 19th at Westminster Presbyterian Church 4 PM. They have plenty of seats, and the price is right, $22 for adults, and $20 for seniors. Ed Ortiz wrote three columns in Friday’s Ticket section. You should read it before going.

I did engage in about an hour of conversation with Matthew Harris. He answered every question I could think of, like: Why do A Child’s Christmas?

“I thought I could add some music that would create an ambient cultural setting. You know Welsh Choirs have a long history of beautiful singing, and that was what Thomas was hearing in his village, and others. These hymns and drinking songs were what remained with him as he grew into a justly famous adult poet, and began his concert tours in Europe and the US. If you want to hear Thomas read this work, like I did, look for a podcast on iTunes.”

How do you handle all the “he saids?” I asked, carefully.

“I get the chorus to be like a Greek chorus to create a kind of village dialog. I just love creating a setting for the eccentric characters that Thomas put into his poem, ”

I, myself, remember meeting Thomas, in a Greenwich Village bar after one of his readings. He was full of wonderful gestures, and lilting voice, very musical without rehearsed vocalese or reliance on specific tunes. He was also very good about downing pints and keeping a running conversation of poetic merit without losing his place.

Harris plans to work this inner music and rhythm into his solo lines, and choral parts, and also to inject instrumental snippets from the BBC radio in the British Isles of the 1930’s and 40’s, Thomas’ formative years. He says these are embedded in larger chunks, and that there is a minimum of dissonance for dissonances sake.

Harris has the Camellia Symphony, the Camerata California Choir, and four very adept solists. One of them, Pedro Betancourt, was featured in a recent fall Turner Harmonie concert to a great deal of adulation. Pedro also sang at the Carmel Mission Messiah, all of the very demanding tenor solos.

I asked Harris what he is working on now.

“A work about Cain and Abel, “Mark of Cain”--that draws more recent scholarship into the family relationships depicted in the book of Genesis. I have a solo soprano taking the role of the serpent. And another work is called “In the Arms of Music”, which celebrates all the music I really love.”

So I am sure you readers will like this Sunday’s program. Let me know your comments, as I will also be reviewing it for this paper.

Ask the County Law Librarian: Amending a Birth Certificate

2010-12-16T21:45:10Z

Q: I gave birth to a beautiful baby boy in September. We named him James, but from day one we called him Kimo, which is James in Hawaiian. We regret not naming him Kimo and I would like to amend his birth certificate. Is that possible?

Lelani

A: Congratulations on the new addition to your family!
Amendments to birth certificates are used to correct errors and cannot be used to change information on the certificate. Changing information on the certificate requires a court order.

Since both parents are in agreement the process is straight forward. All of the forms you need are available here: http://www.courtinfo.ca.gov/selfhelp/other/namechangechild2.htm

First you would complete the Petition for Change of Name including the Attachment to the Petition for one child. Both parents sign the Attachment. Next complete the Order to Show Cause and the Civil Case Cover Sheet. File all the forms with at least 2 copies of each in the court in the county where you live.

You must publish the Order to Show Cause in a newspaper of general circulation once per week for 4 weeks in a row. Bring the proof of publication and the Decree Changing Name form to your court date and the judge will sign it. An appearance may not be required. Here is information about the process from the Sacramento Superior court http://www.saccourt.ca.gov/forms/docs/cv-142.pdf

Once you get a certified copy of the Decree Changing Name you can change your child’s birth certificate, social security card and other legal documents. Visit www.cdph.ca.gov or call (916)445-2684 for information regarding amending the birth certificate.

Another resource is this 60 minute video which explains the process in detail: http://www.saclaw.org/videoDetails.aspx?vid=25

The Sacramento County Public Law Library also has a free Name Change workshop every Monday from 1:30 – 3:30 http://www.saclaw.org/pages/cshc-workshops.aspx

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Ask the County Law Librarian — Air Rights

2010-12-11T20:42:17Z

Hello-

Recently I was watching the movie Burlesque starring Christina Aguilera and Cher and a legal issue was raised that piqued my curiosity. In the movie (spoiler alert!) Cher and Xtina are able to save the burlesque club from foreclosure by selling a nearby developer the "air rights" over the club so that the view for the developer's skyscraper will remain unimpeded. Is there such a thing as "air rights" for the space above a building and can one purchase them, or is this just an example of "movie magic"?

Thanks,
Becky

A: Believe it or not, “air rights” are for real, and the deal you describe is entirely plausible. The owner of land generally owns not just a particular bit of the surface of the Earth, but the ground beneath it and the air above it, too. Your neighbor can’t drill sideways into your yard for oil; likewise, he can’t build a deck that hangs over the yard.

Back in the olden days, a land owner owned everything on his plot of land, from the center of the Earth to the outer reaches of the universe. As the English common law classic Blackstone's Commentaries put it, “Land hath also, in its legal signification, an indefinite extent, upwards as well as downwards.” This infinite ownership caused no real problems, since no one could actually get up all that that high, but that changed when airplanes were invented. Technically, airplanes were trespassing whenever they flew above land without permission, regardless of how high they flew.

In United States v. Causby 328 U.S. 256 (1946), the Supreme Court noted that “It is ancient doctrine that at common law ownership of the land extended to the periphery of the universe… [b]ut that doctrine has no place in the modern world.” Instead, the Court ruled that land owners own only the airspace they can “reasonably use,” and that the airspace above that is a public highway.

So, airspace isn’t infinite, but it can be very valuable in the right circumstances. In some places (mostly dense cities), there is a thriving market for air rights. For instance, railroads frequently sell air rights above their tracks, so that people can build on platforms above them. Owners of buildings that use solar energy may purchase air rights from their neighbors to preserve their access to the sun. These are perfectly valid sales; if the railroad or neighbor ever sells its land, the new owners have no rights to the airspace.

I haven’t seen Burlesque, but it sounds like the club found a creative solution to raise money out of “thin air.” The low-rise burlesque club has no use for its air space, while the neighboring developer wants to prevent any future high-rise buildings on the club site. The neighbor now literally owns the air space above the club, guaranteeing that no one can ever build a building tall enough to block the view.

Coral Henning, Director
@coralh & @saclawlibrarian
www.saclaw.org

Tollywood movie shoots in Sac

2010-12-08T03:13:17Z

An Indian film company spent some time in Sacramento recently shooting scenes for a love story, with Capitol Mall standing in for the streets of San Francisco and Placerville standing in for Brazil.

Wide Angle Creations is a production company based in South India, whose film industry, Tollywood, is the counterpart to North India's Bollywood.

The company came to Sacramento to work on the film "180," which features Siddharth and Priya Anand. Siddharth, who goes only by his first name, is also in Disney's first Southern Indian movie "Once Upon a Warrior."

In "180," he stars as a successful San Francisco-area doctor who falls in love, marries and encounters trials and tribulations in life.

Like many Indian movies, "180" is a musical romance. Some of the singing may have happened in Sacramento, but Kris Hemenway, a line producer for the movie, couldn't go into too much detail.

"They have done little pieces of song just about everywhere they've gone," Hemenway said Tuesday.

Scenes have been shot in India and Malaysia. But the film takes place mainly in the San Francisco Bay Area.

The name Tollywood is said to predate Bollywood and was reportedly coined in 1932 by an American engineer who introduced talkies to India. “Tollywood” was his name for the budding film industry located in Tollygunge, a suburb of Calcutta or Kolkata in West Bengal.

In the same way that Kolkata is exotic to U.S. residents, California is mysterious and alluring to those living in India.

In addition to the Bay Area, other Northern California cities and the region’s natural beauty are also highlighted, from honeymoon scenes shot in South Lake Tahoe to rescue scenes shot on the American River in Coloma.

"We're kind of their exotic locations," Hemenway said. "They shot from San Francisco to South Lake Tahoe and probably got (some of the most) beautiful places on the planet."

The movie is set for release early next year in Tamil, Telugu and English in theaters in India and the United States.

Sacramento's Capitol Mall plays a pivotal role at the start of the movie. On Nov. 28, a quiet Sunday after Thanksgiving, Sacramento Police closed down the entire mall and the crew set up wrecked cars and police cars for a car accident scene where the movie's lead woman meets the doctor she later marries.

The accident allegedly takes place in San Francisco, and the Emerald Tower at 300 Capitol Mall doubles as the woman's workplace. The director really liked the look of Capitol Mall and the striking fall colors there, Hemenway said.

The production company chose to shoot some scenes in Sacramento and El Dorado County because of the locations themselves and because the people here are so friendly, Hemenway said.

"Sacramento PD - they are phenomenal," said Lucy Steffens, head of the Sacramento Film Commission. "They are one of our best resources when it comes to filming."

At least 50 to 70 extras were used here. Cast and crew returned to Sacramento last Saturday to shoot scenes in the Old City Cemetery. Cast and crew dined in Target's parking lot. The director worked hard to keep nearly 40 Sacramento County Jail inmates and their orange jumpsuits out of camera range while they worked in the cemetery, Steffens said.

Many scenes were shot throughout El Dorado County. Various locations there have appeared in dozens of movies, including a river scene in "Indiana Jones and the Temple of Doom." The area has stood in for more exotic locations at other times as well, with Highway 50 posing as Europe's Autobahn in car commercials and Placerville depicted as Japan in "Memoirs of a Geisha," said Kathleen Dodge, executive director of the El Dorado Lake Tahoe Film & Media Office.

Placerville was a strong candidate for location shooting for the recent movie "Knight and Day" starring Tom Cruise and Cameron Diaz, but the crew shot those scenes in the Los Angeles area instead, Dodge said.

So perhaps it's not such a stretch to hear that historic downtown Placerville is playing Brazil in "180." Other scenes were shot in a private home, Chuck's Restaurant in Placerville, El Dorado Hills Town Center and more.

"We're all complaining about how our money's leaving the country," Dodge said. "Here's a situation where we're bringing money in from another country. It doesn't get any better than that."

Photo of Old City Cemetery by Chris Fryer. Photo of 300 Capitol Mall by Suzanne Hurt, a staff reporter for The Sacramento Press.

A love for dirt

2010-12-06T00:19:04Z

Maybe it comes from having folks that lived off the land, but I have always had affection for dirt. I remember making mud pies in the backyard of my L.A. home. I was three and there was just something about getting my hands dirty that felt good. In case you were wondering, yes, I did try a bite or two. Even the taste didn’t turn me off to playing in the dirt. It makes me now ponder how children seem to know that dirt is associated with food.

My connection to dirt didn’t stop with that good L.A. mud. I found another connection to dirt in the backwoods of Oklahoma. It was where my daddy grew up. The air smells different in Oklahoma. There’s a sweetness to it along with a humidity you cannot find in California. I remember riding my daddy’s old mare after the funeral for my granddaddy. Even at the age of five, I knew what home felt like. As I tightened my knees against Goldie and hung on to a piece of her mane, I remember looking over the field where the windmill stood and the barn stood empty. I just knew it must be the most perfect place in the whole world.

Seeing the red earth exposed by the sides of the Oklahoma roads, still gives me a thrill. It makes me recall the stories my daddy has told about choppin’ cotton and cleaning up the rows of corn hit down by the tractor. That dirt fed my daddy and his family even during the Great Depression. Even though my granny sold the 160 acres decades ago, I still visit it on trips “back home.” The last time I was able to get my hands dirty in good ole’ red dirt, I dug up crepe myrtles from the home place. My granny had planted them for her husband next to the corners of the farmhouse. They were his favorite plant. Two of them grow tall along his gravesite. They thrive in that Oklahoma dirt. I know he must be quite content in the dirt that fed him and with the flowers of summer that he loved.

Growing up in the Sacramento Valley, you can’t help but find a connection to dirt. I know some call it “soil” but that name does not make it sound sweeter to me. I learned in school that the Sacramento/San Joaquin Valley provides the whole world with every fifth bite of food eaten each day. A trip down to Sloughhouse for sweet corn has an added bonus of a view of cornfields that roll right up to the Sierra Foothills. Literally millions of dollars were pulled from the Sierra dirt, but that can’t compare to the blessings of food, homes and beauty derived from the same old dirt.

When I was blessed with children, I found a great need to dig in dirt. It takes a lot of food to feed three growing young ‘uns. I started out in early spring and “double-dug” beds to keep the Bermuda at bay. That digging had the added benefits of slimming me down. But really, the best reward was being outside where the birds were singing and the smell of that cow-endowed earth fragranced the air with each turn of my shovel.

I grew red potatoes and red onions in fall. Each March, we were blessed with a treasure hunt for sweet red potatoes that I’d fry with those fat Stockton Red onions. My kids would eat as many as I would cook.

I now grow pumpkins for my eight grandkids. My wonderful dirt will produce Cinderella’s, Sugar Pies and even apple green pumpkins with an amazing shiny skin. I love seeing the grandkids inspect each and every one before choosing their favorite. My oldest grandson also takes time to dig for worms. It seems he too is fascinated by dirt and its inhabitants.

When I stick my hand in the dirt of my Sacramento Valley garden, I can just feel its rich power to bring forth great things. It makes me feel connected to our Creator and to my people. I know my grannies and granddads all worked the dirt and were connected to it in so many ways. I taught my children to respect it. They are now teaching their own. I hope each and every generation inherits the love I have for dirt and they remember who they are.

Karen Everett Watson is a freelance journalist and a certified gerontologist who works from her Sacramento Valley home.

www.legacywriter.me

watson@softcom.net

Ask the County Law Librarian – Avoid Probate with Small Estate Affidavit

2010-12-02T01:46:56Z

Q: My mother just lost a long battle with breast cancer. My sister and I were both able to be with her until the very end, which was a good thing, but now my sister is saying we have to “probate her estate.” My mother didn’t own a home or any real estate, only a few items of personal property: an old car, some costume jewelry, nothing anyone but me and my sister would want. All I know about “probate” is that people try to avoid it for some reason—can you tell me what it is and why I would want to avoid it?

Vicky

A: “Probate” is a formal way of distributing a “decedent’s estate,” which is a legal term for the property left by someone when they die. In California, an estate can be distributed as an independent probate proceeding when the decedent left a will or other estate plan, or as a probate court-supervised estate if there is no will. If the property left is worth $100,000 or less, however, there is a third option, which you may be able to use: the estate can be distributed as a “small estate” under Sections 13100-13115 of the California Probate Code.

The main reason to avoid probate is cost—like any court process it can be expensive and time-consuming. In Sacramento County it currently cost $395 just to file to be the administrator of an estate, and another $395 to file for an order concerning the sale of estate property, and another $395 to file for an accounting, so you can see how the fees can add up pretty quick, not to mention the cost of your own time and transportation to and from court, etc.

Another reason many people object to probate is because like any other court record, probate court records are public records, and many people prefer that the itemized value of their property not be a matter open to the public. You can actually view all the documents filed in Sacramento County Probate Court cases initiated after February 5, 2007, online at the Court’s website.

If you are able to take advantage of the “Small Estate,” distribution procedure, you will need to complete an “Affidavit for the Collection of Personal Property” and present it, along with a certified copy of the death certificate, evidence that the decedent owned the property (e.g., stock certificate, bank passbook, storage receipt), and reasonable proof of your identity (e.g., driver's license) to the institution holding the property. The Sacramento County Public Law Library has a Step-by-Step Guide to this procedure, along with blank and sample completed forms, on our website available to download for free.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Ask the County Law Librarian – Small Claims Court and Security Deposits

2010-11-24T19:53:11Z

Q: Until about a month ago, I was renting a room in a house from someone I thought was a reasonable lady. We had an argument, and she gave me 30 days notice to move out, saying that she would mail me my security deposit ten days after I had moved. The problem is, she kept $200 of my security deposit. Can I take her to small claims court for the money?

-Randy

A: Small Claims court is a common venue for security deposit disputes between a landlord and a tenant. It has the advantage of being very quick, with cases typically being heard in only a few months, and of being relatively inexpensive. If the two parties can’t reach a compromise, the tenant’s best remedy might be to sue the landlord for the money withheld, relying on a judge to settle the matter. Here are a few things to keep in mind before filing a claim:

• California Civil Code §1950.5 primarily governs security deposits; be sure to read each section carefully to be aware of the various requirements for both the landlord and the tenant. Before you consider filing a claim, make certain you have complied with the law. For example, Civ. Code §1950.5(a)(3) requires “the cleaning of the premises upon termination of the tenancy necessary to return the unit to the same level of cleanliness it was in at the inception of the tenancy.” If you failed to clean any portion of your rented area (to the state it was when you moved in), the landlord has the right to withhold all or a portion of your deposit, depending on the degree of neglect. If this occurs, he or she must provide you with an itemized accounting detailing the deductions.

• Before filing, write a formal demand letter requesting the return of all or a portion of your security deposit. Include details and state why you feel you believe the deductions were inappropriate. If you fail to perform this step and the landlord points this out at the hearing, your case may be dismissed. You can find sample demand letters at your local law library, in self-help books, or online at the California Courts Self-Help Center. Contact your local law library for more information.

• Assess whether your loss is worth the time and cost of filing a claim. The current filing fees for California small claims courts will vary depending on the county and the amount of money in dispute. For example, in Sacramento County the filing fee for claims of $1,500 or less is $30. You can locate county fee schedules on county superior court websites.

• Be prepared to do a little leg-work. While suing in small claims court is far less complicated than suing in superior court, you will still need to prepare by researching the applicable laws and educating yourself on the small claims process before filing a claim. You will also want to collect and present as many pieces of evidence as possible to support your case, such as photos of the premises at move-in and move-out and a copy of the lease or rental agreement. We suggest reading Everybody’s Guide to Small Claims Court in California, a very useful book on the small claims process. Chapter 20 specifically addresses landlord-tenant security deposit disputes and features advice on whom and where to sue and what each party should bring to court. Two other helpful books are California Tenants' Rights and The California Landlord's Law Book: Rights and Responsibilities. These resources are available for review at your local county law library and/or directly from the publisher at www.nolo.com. To locate the nearest county law library visit: http://www.publiclawlibrary.org/find.html

There are several resources available to those looking for information on small claims courts. Every county in California has a Small Claims Advisor that can assist you with your case free of charge. You can find county-specific court information including Small Claims Advisors here: http://www.courtinfo.ca.gov/selfhelp/smallclaims/scbycounty.htm

California’s Department of Consumer Affairs has a useful web page that provides some basic small claims information, including a glossary of terms. For more in-depth information, the California Courts Self-Help Center has a page with links to forms, county-specific fee schedules and court locations, and a list of FAQs.

You can always do some research at the Sacramento County Public Law Library http://www.saclaw.org. The law library has print and electronic resources on the small claims court process in California, and friendly reference law librarians are available to assist you.

Coral Henning, Director
@coralh & @saclawlibrarian
www.saclaw.org

Ask the County Law Librarian - New Spouse's Income & Child Support

2010-11-18T22:11:26Z

Q: My fiancé has a daughter from a previous marriage. When we get married, can her mother ask for more child support based on our new combined income?

Barbara

A: Don’t worry; the court will base the amount of the support order using only your husband’s income. Under California Family Code section 4057.5, the income of either parent’s subsequent spouse shall not be considered when determining or modifying child support, except in an extraordinary case where excluding that income would lead to extreme and severe hardship to the children. An extraordinary case may include a parent who voluntarily or intentionally quits work or reduces income, or who intentionally remains unemployed or underemployed and relies on a subsequent spouse's income.

Although the new spouses’ incomes cannot be considered, remarriage of the parents can have some effect on the child support payments, because some of the factors considered when making the order may change, such as new children, different tax filing status, etc. A more complete list of the factors considered when determining child support is available at the California Courts website.

The family law Self-Help Center located at the William R. Ridgeway Family Relations Courthouse may be able to help you with your support questions. Every court in California has a family law facilitator, who is a lawyer that will help you with family law problems for free. The facilitators can't represent you in court, but they can help in other ways. The Self-Help Center is located in Room 113 of the William R. Ridgeway Family Relations Courthouse and is open Monday through Thursday from 8:30 a.m. to 4:00 p.m., excluding court holidays.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

National Adoption Day - 11/20/10 at the State Capitol

2010-11-17T20:20:44Z

"Strengthening Communities One Family at a Time"

November is National Adoption Month. Counties and communities across California will promote adoption and permanency awareness through activities and events that bring attention to the needs of the children and youth in foster care throughout the state waiting for families to love and adopt them. Of the 60,000 children and youth that are in California's foster care system, 25,000 of them are ready to be adopted, and yet the continue to linger in care. Locally, there are about 1,200 children and youth in the Sacramento region who are waiting to be adopted.

National Adoption Day on November 20, 2010 will cap the month-long effort to raise awareness about the thousands of children in California waiting for families, celebrate those special people who have provided a loving home to children in foster care, and inspire others to come forward and be a forever family to children and youth.

Special Event
National Adoption Day
California State Capitol -- “Dawn to Dusk Calling Out of Names”
Saturday, November 20, 2010
6 am to 6 pm

This day culminates the month-long effort around the nation to promote awareness of foster children and youth in search of adoptive families. The event is hosted by a unique coalition of local and state public and private agencies who have united in their efforts to help foster children. On the West steps of the California State Capitol, state and community leaders, adoptive parents, former foster children and child advocates will “call out” the names of children and youth who continue to wait for family love and belonging. This meaningful event will honor those who have come forward to transform the lives of children through adoption as well as recognize the thousands of children in California waiting for forever families.

This ALL DAY event will include:

6:00am – 6pm: Calling Out of Names

8:00am – 6pm: Community Adoption Information Fair:
Featuring information and educational materials from local adoption agencies on how to become a forever parent to a child in foster care. A great opportunity to meet with multiple agencies at one time.

9:00am: Pancake Breakfast

10:30am: Walk Around the Capitol:
Join families and community members for a walk around the Capitol and celebrate the special role of adoptive families in our region.

Throughout:
Entertainment, inspirational speakers, kid’s crafts and more!

6:00pm – Candlelight Vigil:
Stand with us for this powerful moment on the steps of the Capitol.

Get Involved
For more information on how you can help strengthen our community one family at time, visit the websites of one of the agencies sponsoring National Adoption Month in California. Learn how you can become an adoptive family or provide other ongoing, permanent support for foster children in need. Learn also how you can volunteer for National Adoption Day at the State Capitol.

Become A Parent
To learn more about how you can help strengthen our community by becoming a permanent family to a child or children in foster care in the greater Sacramento Area.

Please visit the websites of one of these sponsoring agencies:

AspiraNET: www.aspiranet.org
EMQ Families First: www.emqff.org
Lilliput Children's Services: www.lilliput.org
Sierra Forever Families: www.sierraff.org

Call Out Names

To lend your voice as a participant in the “Calling Out of Names,” contact: Sara Hanson at 916.368.5114 or email shanson@sierraff.org.

Other Events Throughout the State and Nation
Dozens of other events will occur on National Adoption Day in California – and hundreds more across the nation. All seek to bring attention to the thousands children that are waiting for families. For more information, visit www.nationaladoptionday.org.

Ask the County Law Librarian - Jury Duty and Malfeasance

2010-10-28T16:40:08Z

Q: I have been contacted for jury duty and would like to know the definition "of convicted of a felony or malfeasance in office." What does this mean?

-Betsy

A: Not everyone can serve on a jury. When you receive a jury summons, you may notice that it warns that you cannot serve if you have been convicted of a felony or malfeasance in office, unless you have had your civil rights restored.

You probably know that a felony is a serious crime, punishable by state prison or even the death penalty. (Cal. Penal Code § 17.) If you aren’t sure whether you have a felony conviction, check your criminal history records at the California Attorney General’s office.

“Malfeasance in office” is more obscure. “Malfeasance” is an old-fashioned word meaning “evil-doing, specifically official misconduct on the part of one in public employment.” (Oxford English Dict.( 2d Ed.).) A more modern term is “official misconduct.” Someone who commits malfeasance is called a “malfeasor”—a word so old that spell-check wants to correct it.

Bribery, embezzlement, extortion, fraud by election or tax officials, making arrests under false pretences, secret meetings of local governmental agencies, violating conflict of interest statutes—any abuse of office may be called malfeasance.

Some of these crimes are misdemeanors, so malfeasors may never be convicted of a felony. We still don’t want them on a jury. Malfeasance displays lack of respect for public duty, and possibly even an inclination to take bribes—an undesirable characteristic in a juror. That’s probably why the California Constitution excludes “persons convicted of bribery, perjury, forgery, malfeasance in office, or other high crimes” from serving on juries. Cal. Const., Art. VII, § 8; see also Cal. Code of Civil Procedure § 203.

Coral Henning, Director
@coralh & @saclawlibrarian
www.saclaw.org