California Civil Code section 1940.4 was added this year to prohibit landlords from forbidding a tenant from posting or displaying political signs. Senator Christine Kehoe (D-San Diego) introduced the legislation to enhance the ability of tenants to participate in the political process. In advocating on behalf of the legislation, Senator Kehoe stated, “[r]enters deserve the right to participate in our democracy and express their views just as much as homeowners.” Continue reading
Have you ever parked at a non-functioning parking meter to run to the court and returned to your car to find a traffic citation on your windshield? The laws about broken meters vary from city to city and just like they always say, “Ignorance of the law is no excuse.”
When I checked with the City of San Luis Obispo, I was told the vehicle must be moved to another meter in case the (non-functioning) meter suddenly clears itself. If you choose not to move the vehicle, have someone stay with the car in case the meter begins to work so they can pump in some coins or use a cash key or credit card. It might be difficult for a law office with limited staff having an employee sit in the car and keep an eye on the parking meter. Better to just move the car. Parking is enforced from 9 a.m. to 6 p.m.
The City of SLO has a color-coded map to let you know what kind of parking meters you can expect to find in the downtown area. You can get the parking map from the City of San Luis Obispo website at www.slocity.org/publicworks/parking.asp and click on “Parking Map”. Every office doing business with the court or City offices should have one.
And at the Paso courthouse, there is no problem with parking meters – yet.
In Ventura County, parking is just plain prohibited at a broken meter. In Santa Barbara County, it is allowed, but only for 45 minutes. Some larger cities have begun installing “smart meters” that supposedly self-report maintenance issues. Usually, there is no way for the municipal authority to know that a meter is broken unless someone reports it – that’s most likely to happen after getting a citation for parking next to one.
It’s best to call the municipality to ask what the local policy is before leaving your car at a broken meter location. Parking tickets can be expensive!
Ellen Sheffer
esheffer@carnaclaw.com
In an effort to address the State’s alarming unemployment rate, certain large construction projects which implement innovative measures to reduce environmental impacts will be processed under new procedures designed to fast track such projects.
The Jobs and Economic Improvement through Environmental Leadership Act (the “Leadership Act”) was signed by Governor Brown last year and took effect January 1, 2012. The Leadership Act establishes an expedited process for judicial review of lawsuits challenging a project’s compliance with the environmental review required by the California Environmental Quality Act (“CEQA”) for certain large projects.
In order for a project to qualify, the project must (1) be related to the clean energy industry or non-industrial development projects that comply with LEED (Leadership in Energy and Environmental Design) energy-efficiency standards and are located on an infill site; (2) result in a minimum investment of $100,000,000; (3) create high-wage, highly skilled jobs that pay prevailing wage and living wages and provide construction jobs and permanent jobs for Californians; and (4) not result in any net additional emission of greenhouse gases.
In addition, the project applicant must enter into a binding and enforceable agreement that all mitigation measures will be conditions of approval and will be fully enforceable by the lead agency. Further, the project applicant must agree to pay the costs of any hearing challenging the project.
The Governor must certify each project individually for streamlining under the Leadership Act. If the Governor determines that a project qualifies, that determination must be submitted to the Joint Legislative Budget Committee for their review which must make a determination within thirty days of receipt of the determination.
The draft and the final environmental impact report for a project that has been deemed to qualify under the Leadership Act must include a notice that the environmental impact report is subject to the procedures set forth in the Leadership Act. The lead agency processing the project application must prepare the administrative record concurrently with the administrative process and certify the administrative record within five days of its approval. This ensures that if the project is challenged the administrative record will already be prepared and available.
If the environmental review of a project that qualifies under the Leadership Act is challenged, the action will go directly to the California Court of Appeal. The Court of Appeal will have 175 days to issue its decision. This will greatly decrease the time within which CEQA challenges are typically resolved. Such challenges usually are commenced in the superior courts and may take several months to one year to resolve. This expedited judicial process will allow project applicants to receive a final determination sooner, which will allow construction to commence sooner.
The Leadership Act is scheduled to sunset on January 1, 2015. The legislation states the purpose of the Leadership Act is to provide unique and unprecedented streamlining benefits for a limited period of time to put people to work as soon as possible.
The full text of the Leadership Act can be accessed at: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0851-0900/ab_900_bill_20110927_chaptered.html
Carmel & Naccasha has lawyers who are familiar with the California Environmental Quality Act and the new Leadership Act, should you desire any additional information.
Heather K. Whitham
The rapid growth of the use of e-mail as a professional communication tool has necessitated the development of guidelines, or “netiquette” in handling, managing and writing e-mail. Here are some common pitfalls to avoid:
Who among us has mistakenly chosen “reply” when that is not what we intended? Be careful to review who will actually receive the message, especially when you were simply copied on the original message. Always take a second look at the recipient of your message. One way to reduce the chance of sending a message to an unintended recipient is to forward, rather than reply, to messages. By doing so, you must insert the name of the recipient.
Flag a message as “Urgent” only when it truly is. This rule also applies to requesting that the recipient indicate the message has been received and read.
Do not slide on proofreading, spell checking, and reviewing for proper grammar and syntax. Using e-mail does not excuse us from communicating in a professional manner. This extends to using appropriate fonts, formatting and stationery.
Do not use stationery that makes it difficult to read the text. Many firms avoid the use of stationery altogether.
Beware the use of taglines; your audience may not share your personal philosophy and may, indeed, be put off by the views expressed. The content of the message is what should take center stage.
Curb the need to respond to every message. When the exchange reaches a natural stopping point, stop.
Include a signature line that provides enough information for the recipient to know exactly who you are, your firm, your title, and appropriate contact information. Some people may prefer to respond to an e-mail with a phone call.
Using an informative subject line will assist the recipient to search for and find the message later.
E-mail is here to stay, and stay, and stay. Your message is forever so think twice before committing your thoughts to posterity by sending them in an e-mail.
Ellen Sheffer Leslie Donahue
esheffer@carnaclaw.com ldonahue@carnaclaw.com
Under a new law that took effect on January 1, 2012, most employers or prospective employers in California, with the exception of certain financial institutions, may no longer obtain a consumer credit report when hiring or evaluating employees. The new law, Assembly Bill 22, was authored by Assemblymember Tony Mendoza and signed into law by Governor Jerry Brown on October 10, 2011.
Prior to the enactment of AB 22, an employer could request a credit report for employment purposes so long as he or she provided prior written notice of the request to the person for whom the report was sought. In the event an adverse employment decisions was based on information contained in a consumer report, the law required the employer to so advise that employee or potential employee and provide the name and address of the reporting consumer credit agency.
AB 22 amends section 1785.20.5 of the Civil Code and adds a section 1024.5 to the Labor Code to prohibit an employer or prospective employer, with the exception of certain financial institutions, from obtaining a consumer credit report for employment purposes. Assemblymember Mendoza views the new law as good news for many long-term unemployed individuals whose credit score has suffered due to their unemployment. It may be difficult for someone whose credit score has dropped due to an inability to be hired when the employer is using the prospective employee’s credit report as a factor in making a hiring decision. Assemblymember Mendoza believes this legislation will improve this “catch 22.”
There are certain exceptions to the new law. Employers may obtain consumer credit reports for employment purposes for the following: any position with the State Department of Justice; a sworn peace officer or other law enforcement position; any position for which the information contained in the report is required to be disclosed by law or to be obtained by the employer. Also exempted are managers, named signatories, anyone with access to trade secrets, access to $10,000 or more in cash during the workday, and anyone who regularly works with information that can be used to commit identity theft.
AB 22 also requires employers who are authorized to obtain consumer credit reports to inform the person for whom the report is sought the specific reason for obtaining the report.
The passage of AB 22 was Assemblymember Mendoza’s third attempt at similar legislation. AB 482 (2010) and AB 943 (2009) were both vetoed by then Governor Arnold Schwarzenegger.
If you have any questions about this law, Carmel & Naccasha has attorneys qualified to answer your questions. The full text of the new law can be accessed at: http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_22&sess=CUR&house=A&author=mendoza
Heather K. Whitham
hwhitham@carnaclaw.com
As of January 1, 2012, all children under eight years of age and under 4’ 9” must be restrained in a rear seat in an appropriate child passenger restraint system that meets applicable federal motor vehicle safety standards. This modifies the previous law, which required children under six years of age who weigh less than sixty pounds to be secured in a child passenger restraint system.
The new law is the result of Senate Bill 929 introduced by State Senator Noreen Evans who represents the Second Senatorial District. Senate Bill 929 implements the recommendations of the National Highway Transportation Safety Administration (“NHTSA”). The NHTSA recommends that children who have outgrown car seats with an internal harness continue to ride in booster seats until they reach age eight years or until they are 4’ 9” or taller. According to the NHTSA, booster seats help to ensure that the safety belt is positioned properly across the child and restrains, rather than injures, the child in the event of an accident.
The child advocacy group, Partners for Child Passenger Safety (“PCPS”), reports that car collisions are the leading cause of death and acquired disability in children between the ages of four and eight. It has been proven that booster seats save the lives of children by reducing their risk of injury and fatality related to automobile accidents. The PCPS cites statistics showing that booster seat use for children ages four through seven decreases the risk of injury by fifty-nine percent as compared to the use of seat belts alone.
Most parents who already have booster seats for their young children will not need to purchase new boosters. Rather, under the new law parents will simply keep their children in the same booster seat an additional two years.
This is the third time the Legislature has passed legislation requiring the use of booster seats until a child reaches age eight or 4’9” in height (AB 1290-Evans in 2006 and AB 881-Mullin in 2007). Both of those bills were vetoed by then Governor Schwarzenegger. In his veto message, Governor Schwarzenegger indicated the need to work towards compliance with existing requirements rather the enactment of new requirements. It appears the third time is the charm for this important legislation.
Heather K. Whitham
hwhitham@carnaclaw.com
When you and your paralegal first meet with a potential client, you should consider gathering information about your clients’ online personae on your intake forms. This may prove valuable in the investigation phase of their matters, whether it is criminal, a civil lawsuit, a family law dispute, or trust and estate matters. It can also serve to impress upon the client the importance of designating a trusted colleague or family member to keep up with any commerce that may be taking place over the Internet.
Reflecting on the Central Coast Paralegal Association’s well-attended October MCLE presentation on Digital Afterlife (and noting that our local free paper recently did an article on the same topic), it occurred to me that this subject touches almost all our lives, if we own and operate a computer or a smart phone.
It is good practice to query a potential client about his or her online activities, including artistic works in progress. My son worked on a screenplay for several years on a school-owned computer (in his free time). When his term ended and he handed back the computer, his intellectual property went with it – gone forever for failure to back up the hard drive.
Assets and activities in online video games and virtual worlds can have value too. It pays to ask. Even if clients are not comfortable handing over all this personal information to the attorney, it’s good advice to tell them to store their passwords somewhere safe – online or in printed form. Perhaps in a home safe or a safe deposit box so family members or a designated representative can carry on for them. It’s just good practice. If the information is stored only online, it will be important that someone have the necessary login information and password to access the computer.
As our clients’ lives become more complicated as a result of the ever increasing role of technology, it is important that paralegals and attorneys be aware of how to assist and advise them regarding how best to handle their digital presence.
Ellen Sheffer Leslie Donahue
esheffer@carnaclaw.com ldonahue@carnaclaw.com
The California Veterinary Medical Board (“Board”) is in the process of adopting a new regulation to establish “minimum standards” for a managing licensee of a veterinary hospital premise. Under the current regulations, it is the responsibility of the managing veterinarian to ensure that the premises comply with minimum standards of veterinary practice. However, the Board does not articulate what that obligation entails. If the Board’s new regulation makes it through the adoption process, the managing licensee will have more clearly defined and additional obligations.
Proposed Board Regulation 2030.5 provides:
(a) A Licensee Manager is the California licensed veterinarian named as the Managing Licensee on a facility’s premise permit.
(b) The Licensee Manager is responsible for ensuring that the premise for which he/she is manager complies with specified requirements of the Veterinary Practice Act and is responsible for ensuring that the physical and operational components of a premise meet the minimum standards of practice as set forth in the Board’s regulations.
(c) The Licensee Manager is responsible for ensuring that no unlicensed activity is occurring within the premise or in any location where any function of veterinary medicine, veterinary surgery or veterinary dentistry is being conducted off the premises under the auspices of this premise license.
(d) The Licensee Manager shall maintain whatever physical presence is reasonable within the facility to ensure that the requirements in (a) – (c) are met.
(e) Each licensed veterinarian shall be responsible for their individual violations of the practice act or any regulation adopted thereunder.
In case there is any doubt regarding the Board’s mission in adopting this new regulation, the regulation adoption process requires a licensing Board to state its “reasons” for the regulation, which the Board has articulated as follows:
The proposed regulation establishes the minimum standards for a California licensed veterinarian who is the managing licensee of a veterinary hospital premise. It establishes that the managing licensee is wholly responsible for insuring the minimum standards are followed regardless of the number of hospital premises managed by the managing licensee and it requires the manager to maintain whatever physical presence is necessary to ensure such requirements are met. (Emphasis added).
Many veterinary premises licensees will have to examine and change the way they run their hospitals and clinics. Are you ready to be “wholly responsible”? If you need advice regarding the current Board regulation or the proposed Board regulations, attorneys at Carmel & Naccasha, LLP are ready to provide assistance.
Steven L. Simas
ssimas@carnaclaw.com
Nearly all real estate loans in California are secured by a trust deed. A trust deed is a device wherein a borrower transfers legal title to property to a trustee which holds it as security for a debt between a borrower and a lender. Most real estate loans have only one lender (at any given time) such as a bank, however, some real estate financing arrangements have multiple lenders (or beneficiaries) for a single trust deed. Often, these beneficiaries will be several private individuals who come together and lend on a single loan. When things are going well and everyone is getting paid, ownership and management of the trust deed is a simple from the beneficiaries’ end…they sit back and get paid in accordance with the terms of the loan. However, if the loan is in default, the different beneficiaries may not agree on how best to move forward. Continue reading
Many of us have talked on our cell phone while driving even though we know it is a violation of the Vehicle Code. Vehicle Code section 23123 pertains to driving while using a cell phone without the use of a hands free device. Many of us have made or taken that occasional call while driving. Recently, I accepted such a call and quickly pulled over to the side of the road. As I spoke on the phone with my car idling I wondered if my actions constituted using a cell phone while “driving.” A recent case doesn’t answer that specific question; however, it does analyze similar issues. Continue reading
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