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In this podcast, shareholders Karen Tynan (Sacramento) and Charles Thompson (San Francisco) discuss California Code of Civil Procedure Section 527.8, which allows employers and unions to obtain temporary restraining orders (TROs) in response to credible threats of violence in the workplace. Charles, who co-chairs the firm's Leaves of Absence/Reasonable Accommodation Practice Group, and Karen, who co-chairs the Workplace Violence Prevention Practice Group, review the nuances involved in securing TROs and share best practices to help prepare employers for situations where a TRO may be necessary. The episode concludes with practical tips for actions employers can take after the new law goes into effect on January 1, 2025.
In this podcast, shareholders Karen Tynan (Sacramento) and Amy Bianchini (San Deigo) discuss the circumstances under which a California employer may seek a restraining order on behalf of an employee. Karen, who is co-chair of the firm's Workplace Violence Prevention Practice Group, and Amy address California Code of Civil Procedure Section 527.8 and procedures to effectively obtain restraining orders. They also cover the scope of restraining orders, including who can be restrained and who can be protected, and they highlight the procedural requirements, which may vary from county to county and review a case study.
Episode Synopsis: In this Voting Rights Pt 2 episode: Ellina Yin speaks with Dr. Angelica Cortez about the presidential election and the importance of the Down Ballot vote. Guest: Dr. Angelica "Gel" Cortez is a nonprofit executive, organizer, and leading voice in the Filipina/x/o American power building movement. Voted as a Silicon Valley Woman of Influence and 40 Under 40, she is the mind behind multiple civic and health equity campaigns across the state and nation. She is the current Executive Director of LEAD Filipino and first Senior Vice President of Justice, Equity, Diversity, and Inclusion (JEDI) for Pacific Clinics, the largest mental and behavioral health service provider in California. Additionally, she is the owner of FancyHeadz, a social enterprise that produces headwear and accessories to support health services in Southeast Asia. 2024 Voter Guide: https://linktr.ee/onlyinsj2024 Learn more about Only in San José: www.onlyinsj.org Resources: Emancipation Proclamation (1863) Civil Rights Act (1866) Voting Rights Act (1965) 14th Amendment to the U.S. Constitution: Civil Rights (1868) 15th Amendment to the U.S. Constitution: Voting Rights (1870) California Voting Rights Act (2001) California Code, Government Code - GOV § 54950 The California Voting Rights Act and Local Governments by David C. Powell, California State University, Long Beach Post-Election Trends in County of Santa Clara https://data.sccgov.org/stories/s/m73k-nkyp Pew Research Center, Voter Turnout 2018-2022 https://www.pewresearch.org/politics/2023/07/12/voter-turnout-2018-2022/ State-by-State Youth Voter Turnout Data and the Impact of Election Laws in 2022 https://circle.tufts.edu/latest-research/state-state-youth-voter-turnout-data-and-impact-election-laws-2022 APIA Vote Surveyhttps://apiavote.org/wp-content/uploads/2022-Asian-American-Voter-Survey-Report.pdf Mis/Disinformation Tools: InVID Reverse Search Tool: https://www.invid-project.eu/tools-and-services/invid-verification-plugin/ Lateral Reading and the Nature of Expertise: Reading Less and Learning More When Evaluating Digital Informationhttps://purl.stanford.edu/yk133ht8603 Hive Ai Detection Softwarehttps://thehive.ai/apis/ai-generated-content-classification Dare to be Greyhttps://www.daretobegrey.com/home Media Clips Springfield, Ohio Public Comment: https://www.reddit.com/r/justgalsbeingchicks/comments/1g5t3si/a_woman_from_springfield_ohio_addresses_the_towns/?utm_source=share&utm_medium=web3x&utm_name=web3xcss&utm_term=1&utm_content=share_button https://www.tiktok.com/@sunrisemvmt/video/7426126368271781151 Music: Spunker by Blue Dot Sessions, Creative Commons License Attribution - Noncommercial 4.0 International (CC BY-NC 4.0) *Copyright Disclaimer under Section 107 of the Copyright Act of 1976: Allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing.
Allison Jordan joined Wine Institute and the California Sustainable Winegrowing Alliance (CSWA) in 2003, shortly after the publication of the California Code of Sustainable Winegrowing. Since 2007, she has served as the Executive Director of the Alliance and Vice President, Environmental Affairs for Wine Institute. Previously, she was a Senior Associate at SureHarvest and Vice President and Executive Director of Resource Renewal Institute. Jordan holds a master of Public Policy from the Goldman School at UC Berkeley and a Psychology bachelor's degree from Allegheny College, a Certificate in Wine Business Management from Sonoma State University and WSET Level 2 from the Wine & Spirit Education Trust. Allison Joins Sustainable Nation to Discuss: Keys to successful adoption of California Sustainable Winegrowing Alliance's certification program Interest from buyers in third party verification CSWA's Green Medal Award program How wineries are engaging with suppliers to pursue certification Advice and recommendations for sustainability professionals Allison's Final Five Questions Responses: What is one piece of advice you would give other sustainability professionals that might help them in their career? To take time to think creatively about partnerships. One of the ways that we've made big advances is by just getting really creative and reaching out to people that we know are working in the space, whether it's in winegrowing or something tangential that maybe could be really beneficial to our industry. We've been able to make incredible progress, get experts involved, get new resources that can really help match our industry support for our efforts. Really thinking about how we can support each other in this very complex, comprehensive area of sustainability. What are you most excited about right now in the world of sustainability? That there's so much awareness now about climate change, that it's bringing new energy, new ideas, technology. I don't think technology is the full solution, but there's certainly exciting things happening that will help us leapfrog and make progress. There's a lot of positive energy in finding solutions. Interestingly, my daughter is currently a junior in a program at our local high school called the Marin School of Environmental Leadership and their curriculum is all around climate and environmental solutions. Seeing her class and some of the products they had to come up with as juniors, sustainable products that they're currently marketing, it's just incredibly inspiring because you can see that it's just the way that the next generation thinks. I'm inspired by that. What is one book you would recommend sustainability professionals read? I'd have to recommend a book that I use. I'm teaching a sustainable enterprise course for the Sonoma State Executive Wine MBA program right now. I have them read Andrew Savits, the Triple Bottom Line. It's just a really great basic understanding of what sustainability means for business and how it's evolved over time and the trajectory that we're on that basically shows that this is an imperative, not a nice to have. I just think it does a great job of introducing all of the key concepts for those who may be newer to the sustainability world. Even for those who've been in it for a long time, it's a good reminder of the basic framework and concepts that are really key. What are some of your favorite resources or tools that really help you in your work? The first thing that pops into my mind is people. I go to so many experts, Josh, you're one of them, on issues that I know they have more expertise than I have. The other resource that I turn to time and time again, which is kind of funny because I've been involved in helping to develop a lot of the resources in it, but it's still a really great repository of information. That's our resources library on sustainablewinegrowing.org. I can always stand to be refreshed on certain topics and it's a great way to point people to resources that they might need as well. Where can our listeners go to learn more about you and the work being done at the California Sustainable Winegrowing Alliance? The website that is the most core to what we do as an organization is sustainablewinegrowing.org. That's where you'll find the resources library about the organization, ways to get involved, etc.
Welcome to EO Radio Show - Your Nonprofit Legal Resource. This episode covers the provisions of California's Charitable Fundraising Platforms law (Gov. Code, § 12599.9) relevant to all covered charitable fundraisers and fundraising platforms soliciting in California. Although this is a California law, it is of nationwide interest. The California Attorney General rulemaking has just become final, and several of the new provisions of Title 11 of the California Code of Regulations (CCRs) became effective March 26, 2024. Additional provisions will become effective on June 12, 2024 and January 1, 2025. Today, we cover the details of the reporting obligations, due diligence for the platforms, disclosure and consent requirements, and recordkeeping recommendations for charitable fundraising platforms and platform charities. Show Notes: YouTube channel: www.youtube.com/@farellabraunmartel/podcasts California Attorney General Website page for Charitable Fundraising Platforms (Including Crowdfunding): oag.ca.gov/charities/pl Form PL-1 oag.ca.gov/system/files/media/PL-1.pdf Form PL-2 oag.ca.gov/system/files/media/PL-2.pdf Form PL-3 oag.ca.gov/system/files/media/pf-form-PL-3.pdf Form PL-4 oag.ca.gov/system/files/media/pf-form-PL-4.pdf If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.
Welcome to EO Radio Show - Your Nonprofit Legal Resource. In episode 76, I introduce the provisions of California's Charitable Fundraising Platforms law (Gov. Code, § 12599.9). These rules are relevant to all covered charitable fundraisers and fundraising platforms that are soliciting in California, so although this is a California law, it is of nationwide interest. The California Attorney General's rulemaking has just become final, and several new provisions of the California Code of Regulations became effective on March 26, 2024. Additional provisions will become effective on June 12, 2024 and January 1, 2025. In part one, I introduce key concepts and definitions. Resources: YouTube channel: https://www.youtube.com/@farellabraunmartel/podcasts California Attorney General Website page for Charitable Fundraising Platforms (Including Crowdfunding): https://oag.ca.gov/charities/pl California Code of Regulations: Definitions Regarding Charitable Fundraising Platforms and Platform Charities EO Radio Show #29: Nonprofit Basics: What You Need To Know About Expenditure Responsibility If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.
Today we read a depressing book that killed dozens of people, and then we try to solve a murder in California with help from a haunted billboard! Vote For Your Favorite Paranormal Podcast: Dead Rabbit Radio! https://paranormalitymag.com/vote25/ Patreon https://www.patreon.com/user?u=18482113 PayPal Donation Link https://tinyurl.com/mrxe36ph MERCH STORE!!! https://tinyurl.com/y8zam4o2 Amazon Wish List https://www.amazon.com/hz/wishlist/ls/28CIOGSFRUXAD?ref_=wl_share Dead Rabbit Radio Wiki https://deadrabbitradio.pods.monster/doku.php?id=Welcome Help Promote Dead Rabbit! Dual Flyer https://i.imgur.com/OhuoI2v.jpg "As Above" Flyer https://i.imgur.com/yobMtUp.jpg “Alien Flyer” By TVP VT U https://imgur.com/gallery/aPN1Fnw “QR Code Flyer” by Finn https://imgur.com/a/aYYUMAh Links: Bridgend (2012) - Trailer https://www.youtube.com/watch?v=02uI7uxa1h8 Suicide bridge https://en.wikipedia.org/wiki/Suicide_bridge Nanjing Yangtze River Bridge https://en.wikipedia.org/wiki/Nanjing_Yangtze_River_Bridge Golden Gate Bridge http://www.weirdca.com/location.php?location=88 Copycat suicide https://en.wikipedia.org/wiki/Copycat_suicide Choi Jin-sil https://en.wikipedia.org/wiki/Choi_Jin-sil#Death The Sorrows of Young Werther https://en.wikipedia.org/wiki/The_Sorrows_of_Young_Werther The National Directory Of Haunted Places Arroyo Abduction https://books.google.com/books?id=kAK1p91zJEwC&pg=PA66&lpg=PA66&dq=arroyo+abduction+ghost+sign&source=bl&ots=u3YfcHxbAj&sig=ACfU3U2Mc5TQ5tzKNMD9eYVMG1xwkKgj8A&hl=en&sa=X&ved=2ahUKEwjxxKyg6JflAhWBNX0KHa4CBx4Q6AEwC3oECAgQAQ#v=onepage&q=arroyo%20abduction%20ghost%20sign&f=false California Code, Penal Code - PEN § 190.2 https://codes.findlaw.com/ca/penal-code/pen-sect-190-2.html Otay Mesa girl probably ‘incapacitated' when she was killed, expert says https://www.sandiegouniontribune.com/sdut-otay-mesa-girl-probably-incapacitated-when-she-2005aug20-story.html UNSOLVED CHILD MURDER : LAURA ARROYO https://www.tapatalk.com/groups/missing87975/unsolved-child-murder-laura-arroyo-t1721.html Chula Vista Man Sentenced to Death for the Kidnapping, Molestation and Murder of 9-Year-Old Otay Mesa Girl http://www.sdcda.org/files/Bracamontes%20Sentence12-14-05.pdf Girl, 9, Taken From Home and Slain : Crime: Child vanishes after answering apartment door in San Ysidro. Her battered body is discovered later in Chula Vista. https://www.latimes.com/archives/la-xpm-1991-06-21-me-903-story.html Family Agonizes as Girl's Death Remains Unsolved : Crime: Police have had a suspect since the beginning in the killing of 9-year-old Laura Arroyo, but no arrest has been made. Some evidence is still being analyzed. https://www.latimes.com/archives/la-xpm-1992-05-05-me-1359-story.html Listen to the daily podcast anywhere you listen to podcasts! Logo Art By Ash Black Opening Song: "Atlantis Attacks" Closing Song: "Bella Royale" Music By Simple Rabbitron 3000 created by Eerbud Thanks to Chris K, Founder Of The Golden Rabbit Brigade Dead Rabbit Archivist Some Weirdo On Twitter AKA Jack YouTube Champ Stewart Meatball The Haunted Mic Arm provided by Chyme Chili The Golden Rabbit Army: Fabio N, Chyme Chili, Greg Gourley, Vixen Wiki created by Germ http://www.DeadRabbit.com Email: DeadRabbitRadio@gmail.com Twitter: @DeadRabbitRadio Facebook: www.Facebook.com/DeadRabbitRadio TikTok: https://www.tiktok.com/@deadrabbitradio Mailing Address: PO Box Jason Carpenter PO Box 1363 Hood River, OR 97031 Paranormal, Conspiracy, and True Crime news as it happens! Jason Carpenter breaks the stories they'll be talking about tomorrow, assuming the world doesn't end today. All Contents Of This Podcast Copyright Jason Carpenter 2018 - 2023
Thou Shall Always Conduct A Thorough Investigation This is the second in a series of fifteen claims commandments that I believe must be followed by every insurance claims professional. INVESTIGATION Investigation is a search for truth. It is an art form where facts are established. It has been defined by the state of California, for example, as follows: “Investigation” means all activities of an insurer, or its claims agent related to the determination of coverage, liabilities, or nature and extent of loss or damage for which benefits are afforded by an insurance policy, obligations or duties under a bond, and other obligations or duties arising from an insurance policy or bond. [California Code of Regulations, 10CFR2695.2(k)] Courts will not subject an insurance company to a choice between liability under a bad-faith-failure-to-investigate theory for publication of a denial of coverage without an adequate investigation. Liability can be imposed for a constructive denial imposed after the insurer has conducted a more thorough investigation that confirms an earlier determination of no coverage, on the theory of delay coupled with a wrongful intent. Courts, state statutes and regulations require that an insurer complete a thorough investigation before it decides the resolution of a claim for property damage, bodily injury, personal injury, or for defense and/or indemnity under a liability insurance policy. Initial conclusions based on a bare reading of a lawsuit or initial investigative interview are not enough. Rather, the insurer is required to perform a thorough investigation before deciding on a claim. Even though an insurance company is entitled to make a thorough investigation to determine whether there is coverage under its policy of insurance, the company acts at its peril in refusing to defend its insured. If it is subsequently determined that the company erroneously denied coverage, the company will be liable for damages for breach of its agreement under the policy, but if done in good faith it will not be required to pay exemplary damages. Insurers should conduct their thorough investigation as soon as possible. If a defense is required before the investigation can be completed, the prudent insurer will provide a defense to the insured under a reservation of rights, including a reservation to withdraw the defense and seek reimbursement for moneys expended in providing the defense under reservation. --- Support this podcast: https://anchor.fm/barry-zalma/support
Today we will show you how to legally complain and remove a judge. The system has made it difficult, but Angel breaks down how to do it properly. Michael's YouTube Videos https://www.youtube.com/user/MrPropriaPersona1 Want to help us fight judicial injustice? Donate to KidsMatter.charity https://kidsmatter.charity/campaigns/kids-matter-donate/donate/ Transcript: We have a returning guest Angel law. That's a pseudonym because she's so mixed up in so many cases. But she's here to explain something that I have a lot of interest in. And I'm sure a lot of you will, and that is how to properly complain and get your judges or attorneys in trouble for violating your rights or the law, or the million other things that they do so with that. Angel, let's talk about what it is that you've done and what you've figured out and what a lot of people don't know just an overview. Right. So what has recently happened was, I was a unique case, where I was able to remove a judge from my own matter by filing a motion to disqualify the judge based upon the judges. very terrible conduct. And this is the most difficult way to remove a judge. And it's fraught with obstacles, and it's something you wouldn't want to do. But in the course of figuring that out. Prior to asking the judge to remove himself because of his misconduct, I can first started off with making a complaint to the presiding judge of my courthouse. And this is really important because you can usually obtain a form by contacting the clerk of your court. And there's an official form that you can even fill out in handwriting. It's about two pages long so special complaint to the presiding judge and you send it in. The presiding judge has 30 days to respond, and they must respond within 30 days. Notice it's something I was looking for be a wonderful tool for all of us if we flood the court. And we drive the presiding judges into having an answer for the accordance conduct of their subordinate judges. We could maybe let them know hey, we know that you guys aren't supposed to be doing this. And Mr. Presiding or Mrs. Presiding Judge. You have an administrative and supervision advisory duty to do something about that. And maybe at least it's you know, just because they're they don't want to do the work. They might say to their subordinate judges. Hey, knock this off. I've got too many complaints to respond to so step number one, when you got to an awful judge is preparing to remove them with either a one or a coordinated effort where you're going to complain to the presiding and then you're going to complain to the BJP. But you don't want to complain. You thought though, I would just interject that doing it. This way to remove the judges is a lot harder than just go into 171 one 70.11 7.3 Or one 70.6 If you haven't recused anyone yet, right? And I, you know, in my experience, when I read the California Code of Civil Procedure, and this is not legal advice, this is my personal experience. I had a conversation with an appellate attorney, and a one 70.6 is a peremptory challenge. That means within 10 days of being appointed, a new judge, like your case is assigned to a new judicial officer. You're supposed to have 10 days and you left to complete your motion to challenge that judge and have an offense. Basically,
Host Justin and Cheynne have the honor of speaking with now Assistant City Manager Carl Simpson. Carl is a military veteran and veteran to code enforcement. Carl shares his input on multiple topics. He also shares some awesome stories on the way
How do you slope side flares on a curb ramp? We answer this question today as we discuss Part 4 of ADA requirements for ramps and curb ramps – pro tips for understanding the differences. We also cover guidelines on clearances in front of ramps and flares in relation to crosswalk striping, slope transitioning, and adding detectable warnings in parking access aisles. Joining us today are BlueDAG co-founders Paul Klein and Mark Wood, with over 50 years of experience in the field. We're also joined by Trent Sunahara, our Chief Strategy Officer, and Victor Felix, BlueDAG's Director of Content and Compliance. In this episode, you will hear: Sloping side flares on a curb ramp - guidelines for modification and violations Clearances in front of ramps and flares in relation to crosswalk striping Transitioning to different slopes Adding a detectable warning at the head of a parking access aisle Links: 2010 ADA Standards for Accessible Design https://www.ada.gov/regs2010/2010ADAStandards/2010ADAStandards.pdf California Code for Ramps, Curb Ramps, and Slopes https://www.sos.ca.gov/elections/publications-and-resources/polling-place-accessibility-guidelines/ramps-curb-ramps-slopes For more announcements and discussion please join the FREE ADA Shop Talk Community Here: https://ada-shop-talk-community.mn.co/ Need Accessibility CEU's? Check out our Monthly FREE Webinar & Newsletter Here: https://www.bluedag.com/newsletters/ Make sure to subscribe to the ADA Shop Talk Podcast on your favorite podcast player such as iTunes, Spotify, iHeart Radio and Google Podcasts Do you have a topic or would you like to be on the show? Email Trent at trent@bluedag.com Produced by BlueDAG LLC. All Rights Reserved. BlueDAG is a cloud-hosted software system for end-to-end management of ADA evaluation and compliance initiatives. BlueDAG's integrated suite of tools simplifies and streamlines the ADA compliance tasks of both public and private entities. BlueDAG is accessible via web browser on any computing platform with an Internet connection. A companion mobile application is also available. More information here: https://www.bluedag.com/
Are handrails required on both sides of the ramp? We answer this question today as we discuss Part 3 of accessibility requirements for ramps and curb ramps – pro tips for understanding the differences. We also cover guidelines on curb or barrier edge protection, handrail extension, and surface edge protection. It's also important to note here that ramps should not be confused with curb ramps, which we will define today. Definitions are important to make sure we don't mistake one over the other and end up not meeting the standards. Joining us today are BlueDAG co-founders Paul Klein and Mark Wood, with over 50 years of experience in the field. We're also joined by Trent Sunahara, our Chief Strategy Officer, and Victor Felix, BlueDAG's Director of Content and Compliance. In this episode, you will hear: Guidelines for handrails on a ramp and side ramp landings Extended floor or ground surface edge protection (Figure 405.9.1 on ADA Standards) Curb or barrier edge protection to prevent wheel entrapment (Figure 405.9.2 on ADA Standards) Handrail extension and barrier requirements to be cane-detectable The definition of a curb ramp and its different types Differences in requirements between ADA and California Curb ramp guidelines for counter slope, landings, location, and diagonal curb ramps Links: 2010 ADA Standards for Accessible Design https://www.ada.gov/regs2010/2010ADAStandards/2010ADAStandards.pdf California Code for Ramps, Curb Ramps, and Slopes https://www.sos.ca.gov/elections/publications-and-resources/polling-place-accessibility-guidelines/ramps-curb-ramps-slopes For more announcements and discussion please join the FREE ADA Shop Talk Community Here: https://ada-shop-talk-community.mn.co/ Need Accessibility CEU's? Check out our Monthly FREE Webinar & Newsletter Here: https://www.bluedag.com/newsletters/ Make sure to subscribe to the ADA Shop Talk Podcast on your favorite podcast player such as iTunes, Spotify, iHeart Radio, and Google Podcasts Do you have a topic or would you like to be on the show? Email Trent at trent@bluedag.com Produced by BlueDAG LLC. All Rights Reserved. BlueDAG is a cloud-hosted software system for end-to-end management of ADA evaluation and compliance initiatives. BlueDAG's integrated suite of tools simplifies and streamlines the ADA compliance tasks of both public and private entities. BlueDAG is accessible via web browser on any computing platform with an Internet connection. A companion mobile application is also available. More information here: https://www.bluedag.com/
This week, we continue our discussion around ramps and curb ramps – pro tips for understanding the differences. Particularly, we talk about the requirements for ramp landing, and how they're different in the ADA world and in California. We also briefly touch on the accessibility requirements for ramps on doorways. Joining us today are BlueDAG co-founders Paul Klein and Mark Wood, with over 50 years of experience in the field. We're also joined by Trent Sunahara, our Chief Strategy Officer, and Victor Felix, BlueDAG's Director of Content and Compliance. In this episode, you will hear: 60-inch ramp landing requirement for ADA (Section 405.7) 72-inch ramp landing requirement for California Requirements for doorways adjacent to a ramp landing Links: 2010 ADA Standards for Accessible Design https://www.ada.gov/regs2010/2010ADAStandards/2010ADAStandards.pdf California Code for Ramps, Curb Ramps, and Slopes https://www.sos.ca.gov/elections/publications-and-resources/polling-place-accessibility-guidelines/ramps-curb-ramps-slopes For more announcements and discussion please join the FREE ADA Shop Talk Community Here: https://ada-shop-talk-community.mn.co/ Need Accessibility CEU's? Check out our Monthly FREE Webinar & Newsletter Here: https://www.bluedag.com/newsletters/ Make sure to subscribe to the ADA Shop Talk Podcast on your favorite podcast player such as iTunes, Spotify, iHeart Radio and Google Podcasts Do you have a topic or would you like to be on the show? Email Trent at trent@bluedag.com Produced by BlueDAG LLC. All Rights Reserved. BlueDAG is a cloud-hosted software system for end-to-end management of ADA evaluation and compliance initiatives. BlueDAG's integrated suite of tools simplifies and streamlines the ADA compliance tasks of both public and private entities. BlueDAG is accessible via web browser on any computing platform with an Internet connection. A companion mobile application is also available. More information here: https://www.bluedag.com/
"...DFEH is also informed...documents related to investigations and complaints were shredded by human resource personnel and emails are deleted thirty (30) days after an employee's separation." - Department of Fair Housing and Employment (CA), amended complaint against Activision Blizzard Activision Blizzard's day just got worse as the State of California has expanded its disparity and harassment complaint and accused the game giant of suppressing evidence in violation of the law. Evidence destruction is no joke, but the nature of what constitutes 'evidence' is certainly up for discussion...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/Canucu5jRAE #California #Activision #Lawsuit *** CHANNEL SUPPORT PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 03:20 The Amended Complaint - New Factual Basis 11:44 Settlement Agreement Terms 18:33 A New Cause of Action 25:36 Confidential Law Firms and Privilege 32:12 Destroying Documents 35:50 Activision's Response 39:11 Conclusion *** Discussed in this episode: "California vs Activision Blizzard: A Legal View" YouTube Playlist - Hoeg Law https://www.youtube.com/playlist?list=PL1zDCgJzZUy9PBxr5dNcoQLh2erIt2XrZ "California expands lawsuit against Activision Blizzard" Axios - August 24, 2021 https://www.axios.com/activision-blizzard-lawsuit-temporary-workers-4a8fa284-a003-4c56-819c-43c7c2d3f3ca.html DFEH (California) vs Activision Blizzard et al Amended Complaint - Filed August 23, 2021 https://s3.documentcloud.org/documents/21048497/activision-amended-complaint-82321.pdf "Unlawful Practices, Generally" California Code 12946 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=12946 California Code of Regulations - Title 2, Section 11013 http://www.gamutonline.net/district/lawndale/displayPolicy/980001/ "Wages, Hours and Working Conditions" California Code 1197.5 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1197.5.&lawCode=LAB "Wages, Hours and Working Conditions" California Code 1198.5 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1198.5 "Personnel files and records" California Government Website https://www.dir.ca.gov/dlse/faq_righttoinspectpersonnelfiles.htm "Activision Blizzard: California Lawsuit Accuses Publisher's HR Department of Shredding Documents" IGN - August 24, 2021 https://www.ign.com/articles/activision-blizzard-lawsuit-hr-shredded-documents *** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law). CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL. *** Twitter: @hoeglaw Web: hoeglaw.com
Twitch's ban of Dr. Disrespect in the Summer of 2020, when he was then one of the platform's most popular streamers, has been a constant topic of debate and conversation in the gaming and game streaming industries. Now, that debate has changed as talk of lawsuits fill the air. Will Dr. Disrespect sue Twitch? Can he even survive dismissal? And on what grounds might such a lawsuit be premised? You can see the groundwork being laid, but it's a difficult road indeed...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/I8FJcevnzqo #Twitch #Ban #DrDisrespect *** CHANNEL SUPPORT PATREON - https://www.patreon.com/VirtualLegality STREAMLABS - https://streamlabs.com/richardhoeg STORE - https://teespring.com/stores/hoeg-law-store *** CHAPTERS 00:00 Introduction 02:06 Disrespect Says He's Suing Twitch 07:48 Possible Legal Theories 17:15 Black Widows and Arbitration 23:32 Conclusion *** Discussed in this episode: "Twitch Bans Dr. Disrespect - A Lawyer's Take On What We Know (VL254)" YouTube Video - June 29, 2020 - Hoeg Law https://youtu.be/wfgiEiefZ2E "Dr. Disrespect Banned From Twitch: Doc's Statement And What We Know" Forbes - June 28, 2020 https://www.forbes.com/sites/davidthier/2020/06/28/statement-respond-why-dr-disrespect-banned-from-twitch-for-mysterious-reasons/?sh=5e8ed8652c0e "DrDisrespect FINALLY opens up about you know what." YouTube Video - August 24, 2021 - DrDisRespect https://youtu.be/PkqZhyukSW0 "Intentional Interference With Prospective Economic Relations - Essential Factual Elements" California Jury Instructions - Justia https://www.justia.com/trials-litigation/docs/caci/2200/2202/ "Negligent Interference With Prospective EconomicRelations" California Jury Instructions - Justia https://www.justia.com/trials-litigation/docs/caci/2200/2204/ "Intentional Infliction of Emotional Distress - EssentialFactual Elements" California Jury Instructions - Justia https://www.justia.com/trials-litigation/docs/caci/1600/1600/ "Intentional Infliction of Emotional Distress - 'Outrageous Conduct' Defined" California Jury Instructions - Justia https://www.justia.com/trials-litigation/docs/caci/1600/1602/ "Negligence - Recovery of Damages for EmotionalDistress - No Physical Injury - Direct Victim - Essential Factual Elements" California Jury Instructions - Justia https://www.justia.com/trials-litigation/docs/caci/1600/1620/ "Contracts in Restraint of Trade" California Code 16600 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=16600. "Terms of Service" Twitch - Updated January 1, 2021 https://www.twitch.tv/p/en/legal/terms-of-service/ "Validity, irrevocability, and enforcement of agreements to arbitrate" 9 USC 2 https://www.law.cornell.edu/uscode/text/9/2 "Scarlett Johansson Slams “Misogynistic” Disney Response As Mouse House Tries To Move ‘Black Widow' Suit Behind Closed Doors – Update" Deadline - August 21, 2021 https://deadline.com/2021/08/scalett-johansson-disney-lawsuit-black-widow-response-arbitration-1234819262/ Periwinkle v Walt Disney Defendant's Motion to Arbitrate - Filed August 20, 2021 https://deadline.com/wp-content/uploads/2021/08/black-widow-disney-arbitrtion-motion.pdf "Arbitrability – Who Decides?" ABA Article - February 2019 https://www.americanbar.org/groups/business_law/publications/committee_newsletters/bcl/2019/201902/fa_3/ *** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law). CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL. *** Twitter: @hoeglaw Web: hoeglaw.com
Explaining how to Deal With a Demand for Insurance Appraisal https://zalma.com/blog Almost all property insurance policies contain an “appraisal” clause similar to that in the Standard Fire Insurance Policy. This appraisal provision is, in many states, considered an arbitration proceeding. In California, an appraisal complies with the requirements of California Code of Civil Procedure section 1280 et seq. It is easily implemented and works promptly. In some states, as becomes clear below, appraisal is not considered to be an arbitration, but is still enforceable as a contractual provision. However, the use of such appraisal will be rendered meaningless if the appraisers are bound to the some of the definitions of actual cash value issued by various courts and regulators. They are not entitled to resolve coverage issues but are compelled to reach their conclusions in accordance with the law of the state where the appraisal will take place. The appraisers are limited, however, only to decide the amount of loss and the value of the property in question. (Jefferson Insurance Company of New York v. Superior Court, 3 Cal. 3d 398, 90 Cal. Rptr. 608 (1970).) The appraisers cannot make decisions outside the limited scope of the policy language. They cannot find that the insured did not own the property, that the insured had no interest in it, that the insured was not entitled to recovery under policy exclusions, that the insured presented a fraudulent claim, or that the loss exceeds the policy limits. ZALMA OPINION Appraisal is an important right available to insurers and their insureds to resolve, without a great deal of expense, lawyer fees, and time to resolve the usual dispute between insurers and insured about the amount of loss. © 2021 – Barry Zalma --- Support this podcast: https://anchor.fm/barry-zalma/support
Today's replay episode is a very informational interview with attorney Alan Crivaro on California's Ban The Box legislation. The interview continues to receive a lot of positive feedback and the topic remains relevant and as important as ever. During the interview, Teresa McQueen talks with criminal defense attorney Alan Crivaro about California's Ban-The-Box legislation. The episode provides an overview of Ban-The-Box conditional offers of employment and notice requirements as a starting point for a discussion on how Ban-The-Box legislation will impact the employer selection process. Episode Timeline 00:06Introduction and Disclaimer 01:39Thoughts on Ban the Box 16:29Break and Public Service Announcement 17:52Things Employees and Employers need to know 33:33Teresa's Closing Remarks RESOURCES MENTIONED IN THIS EPISODE: California AB1008 – Criminal Conviction History Department of Fair Employment & Housing – What Can An Employer Ask? California Code of Regulations Section 11017 – Employee Selection Additional Materials: Orange County Lawyer Magazine Article: WHEN TO ASK, WHEN TO TELL:NAVIGATING CALIFORNIA'S RECENT BAN-THE-BOX LEGISLATIONby Teresa A. McQueen and Alan J. Crivaro
Today's replay episode is a very informational interview with attorney Alan Crivaro on California's Ban The Box legislation. The interview continues to receive a lot of positive feedback and the topic remains relevant and as important as ever. During the interview, Teresa McQueen talks with criminal defense attorney Alan Crivaro about California's Ban-The-Box legislation. The episode provides an overview of Ban-The-Box conditional offers of employment and notice requirements as a starting point for a discussion on how Ban-The-Box legislation will impact the employer selection process. Episode Timeline 00:06Introduction and Disclaimer 01:39Thoughts on Ban the Box 16:29Break and Public Service Announcement 17:52Things Employees and Employers need to know 33:33Teresa's Closing Remarks RESOURCES MENTIONED IN THIS EPISODE: California AB1008 – Criminal Conviction History Department of Fair Employment & Housing – What Can An Employer Ask? California Code of Regulations Section 11017 – Employee Selection Additional Materials: Orange County Lawyer Magazine Article: WHEN TO ASK, WHEN TO TELL:NAVIGATING CALIFORNIA'S RECENT BAN-THE-BOX LEGISLATIONby Teresa A. McQueen and Alan J. Crivaro
Laws that impact home ownership are often not well understood. Many homeowners may not be aware of an exemption that slightly lowers annual property taxes or the exemption that protects homeowners from a particular kind of creditor — the judgment creditor, a creditor who has sued an individual in court and obtained a legal judgment to collect money owed. A judgment creditor has the right to take several actions to collect the debt, including selling assets like real estate. Show Notes:A homeowner must file for the homestead exemption with the correct county recorder's office. An example of a form can be found at the following link: https://saclaw.org/wp-content/uploads/sbs-homestead-declaration.pdfFootnotes:1 California Legislative Information, “Revenue and Taxation Code, section 218,” https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=RTC§ionNum=218.2 California Legislative Information, “Assembly Bill No. 1885, Chapter 94,” https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1885. As of January 1, 2021, Assembly Bill No. 1885 became law and amended Section 704.730 of the California Code of Civil Procedure.3 California Legislative Information, “Code of Civil Procedure, section 704.960,” https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=704.960.Important Disclosures: https://www.bosinvest.com/disclosures.
When users of Sony's PlayStation 4 (PS4) were greeted this past week with a warning that their party chats may be recorded, a number of publications sounded the alarm. Why was such functionality necessary? Was Sony spying on its users? To what end? As Sony took note of the controversy, the corporation proceeded to make blog posts and tweets assuring folks that "it wasn't that bad", and that Sony only had its users best interests in mind. But while the messaging was appreciated, the question remains: what rights does Sony reserve in its own terms of service. And how might those be changed to better reflect what the company is telling the world? Maybe play should have *some* limits...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/y6sEHOUkgPo #Sony #Recording #PS5 *** Discussed in this episode: "Sony will let PS5 owners record their voice chats and snitch on fellow players" The Verge - October 14, 2020 - Jay Peters https://www.theverge.com/2020/10/14/21516928/sony-ps5-playstation-5-owners-record-listen-voice-chats-moderation-4-8-0-software-update "What's Actually IN those New PlayStation Network (PSN) Terms? (VL334)" YouTube Video - October 8, 2020 - Hoeg Law https://youtu.be/e9J9dhI4qKA PlayStation Network Terms of Service Updated October 2020 https://www.playstation.com/en-us/legal/psn-terms-of-service/ California Code, Penal Code - PEN § 632 https://codes.findlaw.com/ca/penal-code/pen-sect-632.html "Details on new voice chat functionality coming to PS5" PlayStation Blog - October 16, 2020 https://blog.playstation.com/2020/10/16/details-on-new-voice-chat-functionality-coming-to-ps5/ "Hey folks - just wanted to let you know that we’re looking into your feedback on the recent changes to Parties on PS4." Tweet - October 17, 2020 - PlayStation (@PlayStation) https://twitter.com/PlayStation/status/1317616221580218368 *** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law). CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL. *** Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com STORE: https://teespring.com/stores/hoeg-law-store
The book is designed to assist California insurance claims personnel, claims professionals, independent insurance adjusters, special fraud investigators, private investigators who work for the insurance industry, the management in the industry, the attorneys who serve the industry, and all integral anti-fraud personnel working with California admitted insurers who must comply with the requirements of the California SIU Claims Regulations that were rewritten and made operative October 1, 2020. The state of California, by statute, requires all admitted insurers to maintain a Special Investigative Unit (an “SIU”). The SIU must comply with the requirements set forth in the Special Investigative Unit Regulations (the “SIU Regulations”) and train all integral anti-fraud personnel to recognize indicators of insurance fraud. It is necessary, therefore, that insurance personnel who are engaged in any way in the presentation, processing, or negotiation of insurance claims in California to be familiar with the SIU Regulations. The state has imposed on all claims personnel duties to deal with insurance fraud if the insurers are doing business in the state. California licensed insurers are required by California Insurance Code Sections 1875.20-24 and California Code of Regulations, Title 10, Sections 2698.30 -.41 to establish and maintain Special Investigative Units that identify and refer suspected insurance fraud to the California Department of Insurance (CDI) and directly to the local California County District Attorney's Office for workers' compensation only. https://zalma.com/blog You Must Know how to Comply with the California SIU Regulations that are Effective October 1, 2020 New Regulations to Enforce Statutes Requiring Insurers To Maintain A Special Investigative Unit See the full video at https://youtu.be/gy_3jDhDaNII have completed a resource for everyone involved in the insurance industry in the state of California to enable them to comply with the newly revised California SIU Regulations since the revisions add much to the obligations of insurers doing business in California. The new book: California SIU Regulations 2020 a book explaining the revised SIU Regulations is now available from Amazon.com here. --- Support this podcast: https://anchor.fm/barry-zalma/support
In losing its case to prevent 72+ individuals from bringing arbitration claims against it, Patreon has found itself in the unenviable position of having to bear enormous legal costs to defend what it no doubt sees as frivolous claims. But Patreon is not the only company with such exposure. And since one of the biggest (Twitch) just recently riled up an even bigger fan base when it elected to ban Dr. Disrespect, there can be no question that both Twitch and the Disrespect team are following the case closely. What does it all mean? Let's dive in. The only place you'll find the "Patreon Difficulty Bucket" is in...Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/IIbqnXILYHw #Twitch #Ban #DrDisrespect *** Discussed in this episode: "Dr. Disrespect and the Secret of Frivolous Arbitration (w/ Patreon)(VL264)" YouTube Video - July 14, 2020 - Hoeg Law https://youtu.be/QLInmrcf83M "Patreon v Ayure" July 29, 2020 - Denial of Injunction https://www.cernovich.com/wp-content/uploads/2020/07/29.07.2020-Denial-of-Preliminary-Injunction.pdf "Arbitration agreements: enforcement." SB-707 (CA - Effective January 1, 2020) https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB707 "California Code, Code of Civil Procedure - CCP § 1284.3" https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-1284-3.html Patreon Terms of Use Effective July 1, 2020 https://www.patreon.com/policy/legal "Consumer Arbitration Minimum Standards" JAMS Website - Updated July 15, 2009 https://www.jamsadr.com/consumer-minimum-standards/ Twitter Terms of Service Effective June 18, 2020 https://twitter.com/en/tos YouTube Terms of Service Effective December 10, 2019 https://www.youtube.com/static?template=terms Facebook Terms of Service Effective July 31, 2019 https://www.facebook.com/terms.php Ubisoft Terms of Use Effective May 12, 2020 https://legal.ubi.com/termsofuse/en-US Twitch Terms of Service Effective May 29, 2020 https://www.twitch.tv/p/legal/terms-of-service/ *** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law). CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL. *** Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
Just FN Go is a podcast created to encourage people to go. To stop waiting to be ready, to stop over planning and to just go and do the things you want to do. Go be the person that you want to be.Sam & Charlie are both Bay Area-raised fathers who have created lanes for themselves in the beverage & barber world. With similar drives, they decided to come together to highlight stories, exchange energy and create conversations.In this episode, Charlie & Sam discuss Sam's return to serving the public, cultural identity markers, machismo in the COVID-19 era, code-switching as Latino's and dealing with masculinity in the world and as a father.Please like & subscribe on whatever platform you're tuning into. Thanks for the love. We appreciate y'all!
With all still quiet from both Twitch and Dr. Disrespect in respect of his ban, many have been left to wonder what anyone can do about the situation. While the options may be limited, a very specific set of California laws may prove quite problematic for all sorts of California tech giants from Patreon to Twitch, as we dive into the strange arbitration cases of Owen Benjamin and DoorDash. We can't recommend frivolous actions, but California has certainly seemed to open the door to them...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/QLInmrcf83M #Twitch #Ban #DrDisrespect *** Discussed in this episode: "Alt-right comedian asked his fans to sue Patreon. It backfired" Daily Dot - July 6, 2020 - Claire Goforth https://www.dailydot.com/debug/patreon-suing-owen-benjamin-fans/ "The Patreon Lawsuit Involving Owen Benjamin Explained by a Lawyer" Cernovich Website - July 13, 2020 https://www.cernovich.com/patreon-lawsuit-owen-benjamin/ "Emails from [Twitch] have began arriving..." Twitter - July 14, 2020 - Modern Warzone (@ModernWarzone) https://twitter.com/ModernWarzone/status/1276693332975108096 "Arbitration agreements: enforcement." SB-707 (CA - Effective January 1, 2020) https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB707 "JAMS Streamlined Arbitration Rules & Procedures" JAMS Website - Updated July 1, 2014 https://www.jamsadr.com/rules-streamlined-arbitration/ "Be Careful What You Wish For: California Federal Judge Compels DoorDash to Conduct – and Pay for – More Than 5,000 Individual Arbitrations" Epstein Becker Green - February 13, 2020 https://www.wagehourblog.com/2020/02/articles/california-wage-hour-law/be-careful-what-you-wish-for-california-federal-judge-compels-doordash-to-conduct-and-pay-for-more-than-5000-individual-arbitrations/ Patreon Terms of Use Effective July 1, 2020 https://www.patreon.com/policy/legal "Validity, irrevocability, and enforcement of agreements to arbitrate" 9 USC 2 https://www.law.cornell.edu/uscode/text/9/2 "Arbitration Schedule of Fees and Costs" JAMS Website https://www.jamsadr.com/arbitration-fees "Consumer Arbitration Minimum Standards" JAMS Website - Updated July 15, 2009 https://www.jamsadr.com/consumer-minimum-standards/ "JAMS Clause Workbook" JAMS Website https://www.jamsadr.com/clauses/ "California Code, Code of Civil Procedure - CCP § 1284.3" https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-1284-3.html Twitch Terms of Service Updated May 29, 2020 https://www.twitch.tv/p/legal/terms-of-service/ Abernathy v DoorDash District Court Order - February 10, 2020 https://www.wagehourblog.com/files/2020/02/Abernathy-v.-Doordash-Order-compelling-more-than-5000-individual-arbitrations-to-proceed.pdf *** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law). CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL. *** Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com
My research has confirmed that California Coronavirus eviction moratorium ordinances in the state of California differ by county and even by city within the same county. Some cities and counties have imposed eviction moratoriums only on residential property and others on both commercial and residential. Sometimes, even when the moratorium covers both commercial and residential property, the type of property is handled differently. In some places, the eviction moratorium imposes obligations on the tenant in order to receive the protection of the moratorium and in some places, the landlord is obligated to notify the tenant, in advance of the tenant's moratorium rights. It is confusing. Compounding the confusion are separate court closures and orders not to issue summons in unlawful detainer matters or for the Sheriff not to do lockouts. To top it all off, the orders and moratoriums are changing from week-to-week or even, day-to-day. During this webinar, I will do the best I can to give you up to date eviction moratorium information in many of the California counties and cities and give practical advice on how to protect yourself, whether as a landlord, tenant or property manager. The video of the webinar has additional material that I included after the webinar. To see the video, go to: https://youtu.be/cBiUz_Hu2s0 Also note that during the webinar I was asked a question that I did not entirely answer accurately. The most correct answer to the question is that California Code of Civil Procedure Section 1951.4 requires reference to and suggests certain language of the code section to be included in the lease in order to sue for rents as the accrue. For more information, link to me on LinkedIn.
Host Sloan Simmons talks with Lozano Smith attorneys Marisa Lincoln and Carolyn Gemma about California’s Uniform Complaint Procedures (UCP). Their discussion covers increasingly important legal parameters and best practices for complying with the State’s UCP, and how the UCP interacts with best practices in investigations and other complaint processes, such as that before the U.S. Department of Education’s Office for Civil Rights. Show Notes & References 1:20 – What is the UCP? 10:00 – California Code of Regulations, title 5, section 4600 et seq. and CSBA Model Policy and Regulation 1312.3 10:20 – Types of complaints subject to the UCP 12:15 – Types of complaints that are not subject to the UCP 13:05 – Do UCP complaints need to be in writing? 15:15 – Requirements of the UCP 24:32 – Findings and Decision Letter 38:30 – CDE appeals process 47:00 – CSBA Model Policy and Regulation 5145.7 (Sexual Harassment Policy) 47:20 – CSBA Model Policy and Regulation 5145.3 (Anti-Discrimination, Intimidation and Bullying Policy) 51:15 – Education Code 234.1
Today we read a depressing book that killed dozens of people, and then we try to solve a murder in California with help from a haunted billboard! Patreon https://www.patreon.com/user?u=18482113 MERCH STORE!!! https://www.redbubble.com/people/deadrabbitradio/works/35749420-dead-rabbit-radio?asc=u Help Promote Dead Rabbit! Dual Flyer https://i.imgur.com/OhuoI2v.jpg "As Above" Flyer https://i.imgur.com/yobMtUp.jpg Bridgend (2012) - Trailer https://www.youtube.com/watch?v=02uI7uxa1h8 Suicide bridge https://en.wikipedia.org/wiki/Suicide_bridge Nanjing Yangtze River Bridge https://en.wikipedia.org/wiki/Nanjing_Yangtze_River_Bridge Golden Gate Bridge http://www.weirdca.com/location.php?location=88 Copycat suicide https://en.wikipedia.org/wiki/Copycat_suicide Choi Jin-sil https://en.wikipedia.org/wiki/Choi_Jin-sil#Death The Sorrows of Young Werther https://en.wikipedia.org/wiki/The_Sorrows_of_Young_Werther The National Directory Of Haunted Places Arroyo Abduction https://books.google.com/books?id=kAK1p91zJEwC&pg=PA66&lpg=PA66&dq=arroyo+abduction+ghost+sign&source=bl&ots=u3YfcHxbAj&sig=ACfU3U2Mc5TQ5tzKNMD9eYVMG1xwkKgj8A&hl=en&sa=X&ved=2ahUKEwjxxKyg6JflAhWBNX0KHa4CBx4Q6AEwC3oECAgQAQ#v=onepage&q=arroyo%20abduction%20ghost%20sign&f=false California Code, Penal Code - PEN § 190.2 https://codes.findlaw.com/ca/penal-code/pen-sect-190-2.html Otay Mesa girl probably ‘incapacitated’ when she was killed, expert says https://www.sandiegouniontribune.com/sdut-otay-mesa-girl-probably-incapacitated-when-she-2005aug20-story.html UNSOLVED CHILD MURDER : LAURA ARROYO https://www.tapatalk.com/groups/missing87975/unsolved-child-murder-laura-arroyo-t1721.html Chula Vista Man Sentenced to Death for the Kidnapping, Molestation and Murder of 9-Year-Old Otay Mesa Girl http://www.sdcda.org/files/Bracamontes%20Sentence12-14-05.pdf Girl, 9, Taken From Home and Slain : Crime: Child vanishes after answering apartment door in San Ysidro. Her battered body is discovered later in Chula Vista. https://www.latimes.com/archives/la-xpm-1991-06-21-me-903-story.html Family Agonizes as Girl’s Death Remains Unsolved : Crime: Police have had a suspect since the beginning in the killing of 9-year-old Laura Arroyo, but no arrest has been made. Some evidence is still being analyzed. https://www.latimes.com/archives/la-xpm-1992-05-05-me-1359-story.html Listen to the daily podcast anywhere you listen to podcasts! ------------------------------------------------ Logo Art By Ash Black "As Above" Art By Grant Scott Dead Rabbit Skull By John from the SCAR Group Halloween Monster By Finn Opening Song: "Atlantis Attacks" Closing Song: "Bella Royale" Music By Dr. Huxxxtable Rabbitron 3000 created by Eerbud Thanks to Chris K, Founder Of The Golden Rabbit Brigade http://www.DeadRabbit.com Email: DeadRabbitRadio@gmail.com Twitter: @DeadRabbitRadio Facebook: www.Facebook.com/DeadRabbitRadio Paranormal, Conspiracy, and True Crime news as it happens! Jason Carpenter breaks the stories they'll be talking about tomorrow, assuming the world doesn't end today. All Contents Of This Podcast Copyright Jason Carpenter 2018 - 2019
The California Public Records Act gives people the right to inspect and obtain copies of government records that are non-privileged and non-exempt. It was enacted in 1968 to: (1) safeguard the accountability of government to the public, (2) promote maximum disclosure of the conduct of governmental operations, and (3) explicitly acknowledge the principle that secrecy is antithetical to a democratic system of “government of the people, by the people and for the people.”To put it another way, it’s a commitment to Open Government. But, it’s also being abused by a savvy few who don’t seek to hold a public agency accountable for anything expect monetary damages. It’s also being weaponized by predatory lawyers as a way to obtain discovery outside the parameters of the California Code of Civil Procedure.It always challenging to represent a public agency in civil litigation only to find out that the agency has already responded to a CPRA request. You can imagine how frustrating it is to also find out that records have been produced earlier and you haven’t made a consistent response to written discovery.Transparency in government is an important concept. But, public agencies have to be careful that they are being consistent in their responses and mindful of the privacy rights of third parties. They also have to be mindful that some unscrupulous individuals use the CPRA just to see if an agency will respond in the first place without any real intent to obtain the actual records.In this episode: The background of the CPRAImproperly withholding recordsWho can request recordsBeing protective of certain recordsTHE FINE PRINT This podcast is for general information only and not intended to be legal advice nor the formation of a lawyer-client relationship. The views, information, and opinions expressed on our podcast are Scott’s and do not necessarily reflect the policy or position of any other person, agency, organization or company. Finally, we know that a few dastardly plaintiff's lawyers will get their hands on this. So . . . let's be clear: Don't even think of using the information in this podcast to sue public agencies because this podcast is not intended nor shall it be construed to give any person any legal or equitable rights, remedies or claims. Music: ”Dangerous" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 3.0 License http://creativecommons.org/licenses/by/3.0/ lawsuitproofyourcity.com
Today's "redux" episode is a replay of a very informational interview with attorney Alan Crivaro on California's Ban The Box legislation. The interview continues to receive a lot of positive feedback and the topic remains relevant and as important as ever. During the interview SAFFIRE LEGAL PC's founder and principal attorney Teresa McQueen talks with criminal defense attorney Alan Crivaro about California's Ban-The-Box legislation. The episode provides an overview of Ban-The-Box conditional offers of employment and notice requirements as a starting point for a discussion on how Ban-The-Box legislation will impact the employer selection process. RESOURCES MENTIONED IN THIS EPISODE: California AB1008 – Criminal Conviction History Department of Fair Employment & Housing – What Can An Employer Ask? California Code of Regulations Section 11017 – Employee Selection Additional Materials: Orange County Lawyer Magazine Article: WHEN TO ASK, WHEN TO TELL:NAVIGATING CALIFORNIA'S RECENT BAN-THE-BOX LEGISLATIONby Teresa A. McQueen and Alan J. Crivaro
There's nothing worse than receiving a tort claim or lawsuit and you know, with certainty, that your agency had nothing to do with the alleged incident. Moreover, you look at the list of defendants and you notice that the plaintiff attorney has taken a shotgun approach and simply named every person and entity at, near, or next to the incident location. The first thing that goes through your head is "what a waste of time, energy, and money" this will all be. The second thing that goes through your head is "how do I make this pain stop?"Plaintiff attorneys - particularly the lazy ones - are using the shotgun approach to litigation now more than ever. At best, they want someone else to eliminate defendants so they don't have to make that decision. At worst, they believe they can use the claim or lawsuit to extort nuisance money from you. In today's episode, we'll talk about the shotgun approach to litigation, in general, and specific ways to counter such an attack. We'll also talk about the type of letter that can be sent out immediately upon receipt of a claim or lawsuit that alleges an incident that your entity has nothing at all to do with. In this episode: The shotgun approach to naming defendants The use of declarations of non-ownership Counter-attacks using California Code of Civil Procedure § 1038 Counter-attacks using California Code of Civil Procedure § 128.7 THE FINE PRINT This podcast is for general information only and not intended to be legal advice nor the formation of a lawyer-client relationship. The views, information, and opinions expressed on our podcast are Scott’s and do not necessarily reflect the policy or position of any other person, agency, organization or company. Finally, we know that a few dastardly plaintiff's lawyers will get their hands on this. So . . . let's be clear: Don't even think of using the information in this podcast to sue public agencies because this podcast is not intended nor shall it be construed to give any person any legal or equitable rights, remedies or claims. Music: ”Dangerous" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 3.0 License http://creativecommons.org/licenses/by/3.0/ lawsuitproofyourcity.com
Welcome to Our Ban-The-Box Episode! Workplace Perspective is a regular podcast series for employers and employees focusing on education, training, and the law to help organizations of all sizes develop and maintain successful employer / employee relationships. Today's special guest is criminal defense attorney Alan Crivaro. SAFFIRE LEGAL PC's founder and principal attorney Teresa McQueen will talk with Mr. Crivaro about California's latest Ban-The-Box legislation. The episode kicks off with insight into the employee selection and interviewing process as a starting point for a discussion on how the newest Ban-The-Box legislation will impact the employer selection process by prohibiting inquiry into an applicant's criminal conviction history until after a conditional offer of employment has been made and ends by sharing with our listeners our top five etiquette tips for successful interviewing. Resources Mentioned In This Episode: California AB1008 - Criminal Conviction History Department of Fair Employment & Housing - What Can An Employer Ask? California Code of Regulations Section 11017 - Employee Selection Interview Etiquette Tips Additional Materials: Orange County Lawyer Magazine Article: WHEN TO ASK, WHEN TO TELL:NAVIGATING CALIFORNIA'S RECENT BAN-THE-BOX LEGISLATIONby Teresa A. McQueen and Alan J. Crivaro
Bicycling and the Law Richard L. Duquette EP43 Bicycle and Wrongful Death Part 2 Who May Claim Damages On today’s episode, Richard Duquette discusses Bicycle and Wrongful Death Part 2 Who May Claim Damages with Justin Nelson. Wrongful deaths cause extreme pain and stress to the surviving relatives. To maximize recovery, it’s important to keep them intact. Tune in to learn who are eligible and to understand how such cases can be resolved! Classes of Eligible Survivors In a wrongful death suit, the plaintiff are the surviving relatives. It focuses on the losses they suffered instead of the damages to the deceased. There are different classes of eligible survivors. The primary ones are the surviving spouse, children, offspring, and parents. You may refer to California Code of Civil Procedure 337.60 for the complete list. Importance of an Experienced Attorney Wrongful deaths cause much grief and loss. As Richard puts it, the goal of the attorney is to help protect the surviving family from any further losses, grief, discomfort, emotional trauma. This is why they should seek an experienced attorney, who can help them identify the eligible survivors. Having one attorney for everyone in the family is advantageous. He can help especially when a conflict of interest comes up. It also minimizes the trauma and economically benefits the attorney. Everyone in the family should be intact for equal sharing, happiness, and better way to receive justice. How to Resolve To resolve, attorneys first identify the family members. They can get a conflict waiver if a conflict of interest exists. There should then be another attorney who can give an advise. Having one attorney maximizes the overall damages. It is tactical and strategic to do so. To hear about Bicycle and Wrongful Death Part 2 Who May Claim Damages, download and listen to the entire episode. If you are short on time, here are the highlights of Bicycle and Wrongful Death Part 2 Who May Claim Damages: Classes of eligible survivors? (2:40) What are the specifics? (5:28) An experienced attorney? (6:30) How to resolve? (8:14) Why have one attorney? (11:03) Connect with Richard L. Duquette at the following links: Richard's Website Email Richard Call Richard: 760-730-0500 Connect with Richard on Facebook Follow Richard on Twitter © 2016 Law Firm of Richard L. Duquette
Can a real estate broker represent a California property owner in a small claims court in a dispute involving the property? Yes. Under the California Code of Civil Procedure, there is a way that a real estate broker (property management) can represent the property owner. California Code of Civil Procedure Section 116.540 CCP 116.540 states: (h) A party who is an owner of rental real property may appear and participate in a small claims action through a property agent under contract with the owner to manage the rental of that property, if : (1) the owner has retained the property agent principally to manage the rental of that property and not principally to represent the owner in small claims court, and (2) the claim relates to the rental property. This section allows a California property management company to appear in small claims court on behalf of the owner of the property in landlord-tenant related lawsuits. Should a property owner represent an owner in small claims court? This could be a source of revenue for the property management broker, but could also present risks of negligence, and breach of fiduciary duty. Listen to the show as Attorney Steve describes the legal risks. Do I need a special clause for small claims representation in my broker property management agreements? It would be wise, listen to the show to hear Attorney Steve's general comments on this topic.
A client found me while searching for information about California Code of Civil Procedure section 425.17, proving that clients do some very sophisticated research on their legal issues. Changing the facts to protect the privacy of my client, he had warned the public about an evil yogurt maker who was falsely claiming to sell organic […] The post SLAPP008 – An Anti-SLAPP Motion Against an Evil Yogurt Shop appeared first on California SLAPP Law.
A client found me while searching for information about California Code of Civil Procedure section 425.17, proving that clients do some very sophisticated research on their legal issues. Changing the facts to protect the privacy of my client, he had warned the public about an evil yogurt maker who was falsely claiming to sell organic […] The post SLAPP008 – An Anti-SLAPP Motion Against an Evil Yogurt Shop appeared first on California SLAPP Law.
California real estate dual agency law can be confusing. You want to represent both a seller and buyer in a real estate transaction. Can you do it? If so, what California dual agency rules do you need to keep in mind in order to stay out of a BRE (Bureau of Real Estate) accusation or civil lawsuit for breach of fiduciary duties? Listen in as Attorney Steve, the real estate lawyer, discuses "the dobule popper" and how to successfully double-end a real estate transaction (assuming you want to take your chances in this risky area of real estate law. Real estate law to reference is California Code of Civil Procedure 2079.14 and CCP 2079.16