Proposition 19 has passed. It will become effective either in February or April, 2021. The bottom line is that it prevents a child from claiming an exemption from real property tax reassessment upon the death of the parent. (“Parent” a...
Read MoreHow Much Proof Do You Really Need?
Restraining orders! Can you win, or will you lose? Temporary Restraining Orders To get that very first TEMPORARY RESTRAINING ORDER (TRO), the lowest burden of proof, REASONABLE PROOF, is required. This means that only your say so may be all that is r...
Read MoreCurrent Law on Our Second Amendment
It was not until 2008 that our US Supreme Court definitively came down on the side of an “individual rights” theory in support of the Second Amendment. Relying on new scholarship regarding the origins of the Amendment, the Court in District of Colum...
Read MoreOur Constitution – Should it be thrown out?
I’m far from a politician. I’m just an “ol’ country lawyer”, US born, who has lived free thanks to our Constitution, and of course our Armed Forces which have protected the freedoms given to each of us by our Constitutio...
Read MoreCustody Evaluations – Watch Out!
When the court orders a child custody evaluation, that brings into play an entire strategy plan to deal with the interviews of yourself, your minor and even adult children, your friends, teachers, etc., and the other parent of course. Having been t...
Read MoreLane Splitting – Legal or Not?
Being an avid long distance biker (Alaska; cross-country numerous times; etc. etc. etc.) for many, many years, I have stayed on top of lane splitting legalities. At present, and I do mean the present, lane splitting in California is neither allowed ...
Read MoreSeek Work Orders for Unemployed Spouses/Partners
California law mandates that each divorcing spouse or partner become self sufficient within a reasonable time after divorce proceedings begin. If this does not occur, the other spouse or partner can request that the court issue a “seek work...
Read MoreAbusive Behavior and Spousal Support
In California, generally speaking, judges aren’t allowed to consider marital misconduct when making decisions about spousal support (previously called “alimony”). The purpose of spousal support is to make sure that neither spouse f...
Read MoreCommissions PLUS Hourly Wages?
I have received a mini-flood of inquiries during the past couple months about employees who work for “commissions”, which inquiries prompted me to write this blog. As of 2013, all commission agreements must be in writing. The written co...
Read MoreMandatory Harassment Training
That’s right. If your company has at least 50 employees, then once every two years, employers must provide at least two hours of harassment avoidance training to all supervisors. The details are critical to know if you should provide the necess...
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