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 &

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

Did you receive an iPad, Nook, Kindle or another e-reader as a gift and don’t know how to use it? Are you thinking about buying one? On Saturday, Jan. 21, from 1 to 2 p.m., McKinley Library will offer a free program on the different e-reader devices available. The class will be taught by Megan Wong, Sacramento Public Library’s technology librarian. Wong will also provide information on how to download free library e-books. This program is presented by the Friends of McKinley Library. McKinley Library is in the Clunie Community Center at 601 Alhambra Blvd. For more information, call 264-2920.  

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

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

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

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

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

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

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 helpfu

Starting in mid-November, people can print books from a catalog of more than 3 million titles, or even novels they’ve written themselves, in less than five minutes at the Sacramento Public Library. The library recently acquired an Espresso Book Machine or EBM, which will be available for public use. Printing on the machine is available through the Library's I Street: A Community Writing & Publishing Center project, where the public can join and learn about self-publishing, according to Sacramento Public Library Outreach & Community Services Supervisor Manya Shorr. "The UC Davis extension program for creative writing in Davis is closing, (and) that means there is no center for creative w

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 fu

McKinley Library and Clunie Center celebrate 75 years of memories On Sunday, Oct. 23, East Sacramento and Midtown will throw a party to celebrate the 75th anniversary of McKinley Library and Clunie Community Center. From 1 to 2 p.m., there will be presentations on the history of East Sacramento and Midtown, McKinley Park, Clunie Center and the library by historians and authors Bill Mahon and Amanda Graham. “This is a wonderful opportunity for the history buff, or just the curious, to learn more about the neighborhood,” said McKinley Library’s Shari Nichelini. The library will be open that afternoon for special programs for children. From 1 to 4 p.m., old-fashioned children’s activities

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

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 t

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 S

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 re

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 pro

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 techn

In light of the most recent cuts to its operating budget, the Sacramento Public Library system is conducting an online community feedback survey to receive input on what programs and services the community values most. The goal is to make the “best possible decision we can with the least amount of impact,” said Denise Davis, deputy library director of the Sacramento Public Library. The Sacramento Public Library system held three community forums in mid-July to address the 10 percent cut in its general fund, which came out to about $800,000. Sixty-five people in total attended the three meetings, most attending the McKinley Library forum. In order to receive the input from those who were