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First Steps in a Divorce: A Guide From a Family Law Expert

Mon, 01 Sep 2025 22:50:00 GMT

Facing a divorce can be overwhelming, and knowing the first steps to take is often the hardest part. This blog will guide you through the essential stages of the divorce process, from filing initial documents to understanding asset division and spousal support, so you can make informed decisions. Family law in Mission Viejo, CA, offers expert guidance to navigate these complex issues, and at Larry Bellomo Attorney at Law, we help clients understand what to expect and how to protect their rights every step of the way.

Understanding the Divorce Process

If you are considering a divorce, navigating the legal landscape can feel overwhelming. Family law provides essential guidance to help individuals understand their rights, responsibilities, and the steps involved in dissolving a marriage. From filing initial documents to attending your first consultation, knowing what to expect can reduce stress and help you make informed decisions about your future.

The divorce process typically begins with filing a petition with the court, formally initiating legal proceedings. This requires careful documentation of marital assets, debts, and any existing agreements between spouses. Consulting with an attorney who specializes in family law in Mission Viejo, CA, ensures your filing is accurate, complete, and compliant with local regulations, helping to avoid delays or complications that can arise from mistakes in paperwork.

A Clear Roadmap for Starting Divorce Proceedings

Evaluating Your Situation

Before filing for divorce, take time to assess your circumstances. Consider marital assets, debts, child custody arrangements, and your goals for the outcome. Consulting resources on family law in Mission Viejo, CA, at this stage helps you understand your legal rights and potential obligations, allowing you to plan your next steps with confidence.

Gathering Documentation

Accurate documentation is essential for a smooth divorce process. Collect financial records, property deeds, bank statements, and any agreements related to your marriage. Attorneys specializing in family law in Mission Viejo, CA, can advise you on which documents are necessary for filing and how to organize them effectively to support your case.

Filing the Divorce Petition

The legal process officially begins when you file a divorce petition with the court. This document outlines your request to dissolve the marriage and may include preliminary requests for child custody, support, or property division. Working with a professional in family law in Mission Viejo, CA, ensures the petition is completed correctly, reducing the risk of delays or errors.

Serving Your Spouse

Once the petition is filed, your spouse must be formally notified, or “served,” with divorce papers. This step is required by law to allow your spouse to respond. Understanding family law in Mission Viejo, CA, helps ensure that service of documents is conducted properly, which is crucial for the legal validity of your case.

Preparing for the First Consultation

After filing and serving, the next step is the initial consultation with a divorce attorney. During this meeting, you’ll review your situation, discuss your goals, and get advice on strategy. Consulting with experts in family law in Mission Viejo, CA, guides asset division, spousal support, and custody matters, helping you enter the legal process well-informed and prepared.

Understanding Temporary Orders

In some cases, temporary orders may be issued early in the divorce process to address child custody, support, or property use while the case is ongoing. Family law ensures you understand your rights and obligations under these temporary measures, preventing misunderstandings or conflicts during the proceedings.

The Importance of Legal Counsel in Divorce

Divorce often involves complex issues such as asset division, spousal support, and, in some cases, child custody. Navigating these matters without expert guidance can lead to mistakes, missed opportunities, or even unfair outcomes. Legal counsel specializing in family law provides the knowledge and experience needed to protect your rights and ensure your interests are represented throughout the process.

An experienced attorney can help identify marital property, separate individual assets, and calculate appropriate spousal support based on factors like income, the length of the marriage, and lifestyle considerations. They also offer strategic advice on negotiations and court proceedings, helping you avoid common pitfalls that could complicate your case. With proper legal guidance, you can approach your divorce with confidence, knowing that complex financial and legal issues are being handled accurately and fairly.

Protecting Your Rights and Future

Navigating the early stages of divorce can feel overwhelming, but understanding the process and working with experienced legal counsel makes a significant difference. Family law provides the guidance needed to handle complex issues like asset division, spousal support, and custody arrangements with confidence. If you are beginning your divorce journey, contact Larry Bellomo Attorney at Law in Mission Viejo, CA, to ensure your rights are protected and your case is handled effectively. Take the first step toward a secure future today by scheduling a consultation.

True Religion Emerges from Bankruptcy with High Hopes

Sun, 28 Jan 2018 21:25:47 GMT

January 28, 2018

According to an October 27, 2017, announcement, the Los Angeles jeans company, True Religion, exited Chapter 11 bankruptcy with about $357 million less debt, debt maturities extended, cash to implement a growth plan and a positive outlook for the future. The company emerges with a reduced retail footprint and an exit loan of $60 million from Citizens Bank, the same bank that provided the initial cash during the reorganization process.

At the peak of the company, True Religion jeans were selling anywhere from $150 to $250 a pair at their nearly 140 stores and online. The brand also sold at upscale department stores, such as Bloomingdales, Saks Fifth Avenue and Nordstrom and at other locations in the U.S., Mexico and South America. Around 2013, True Religion, like many other apparel stores, struggled for success, watching sales decline as it competed with the internet, online shopping and competing discount retailers. The rapid growth in the trend of athletic wear for leisure caused the sales of blue jeans to quickly decline.

Behind $192,000 on rent for its California office headquarters and drowning in major debts owed to creditors, manufacturers, U.S. Customs and Border Protection and malls around the country, True Religion filed for bankruptcy on July 5, 2017, in a U.S. Bankruptcy Court in Delaware. At the time of filing, the company had 128 stores in the United States and 11 stores outside the country.

The company made some major changes, hiring John Ermatinger as CEO and president and bringing on a new chief marketing officer and a new vice president of sourcing. They also reduced costs, streamlined processes and closed unprofitable stores.

John Ermatinger publicly thanked the companyâ€™s supporters â€” consumers, employees, vendors and suppliers â€” for their ongoing commitment and devotion to True Religion. He expressed his excitement regarding the future of the company, which includes implementing new growth strategies through innovative partnerships, expanding True Religionâ€™s digital presence and refining its marketing operations.

You do not have to be a major corporation to file bankruptcy , Like in the case of True Religion, bankruptcy allows individuals to emerge in a better financial position than before. Our legal team can help you navigate through these difficult times.

Professor Penalized for Inhibiting Free Speech of Pro-Life Group

Tue, 16 Jan 2018 21:24:05 GMT

January 16, 2018

A Fresno State professor who intimidated a pro-life group was ordered to pay $17,000 and attend training on the First Amendment. He was recorded on video in an attempt to harass pro-life students who were drawing with chalk on the sidewalk. He also asked students from his public health class to assist him in his efforts. He claimed they were outside of the campus free speech area, but no such area has existed on campus since 2015. The sidewalk messages suggested pro-life options for students.

The president of the club stated that the First Amendment gives students the right to speak on campus. She documented an incident between herself and the professor on video. He can be heard telling her that she is not in a free-speech area.

However, she claimed that she had school permission to be there and to be speaking. The professor began erasing the sidewalk messages with his shoe. He told her that she did not understand the areas where free speech was permitted on campus.

Alliance Defending Freedom acted as legal representation for the group, the Fresno State Students for Life. The professor must pay $1,000 to the president and $1,000 to another student as well as legal fees. However, he said that the money was paid by his insurance company, so he is not concerned about the legal fees. He does not admit to any wrong actions but is willing to attend the training so that he can learn the opinions and thoughts of others.

The president expressed her relief that he will not be able to harass them again and explained that the case was not about winning money. She was extremely surprised at his actions, especially on a public campus. She further opined that professors should encourage and not prohibit free speech.

Legal counsel for the pro-life group stated that the professorâ€™s behavior flagrantly violated the First Amendment He added that school officials do not have the right to restrict freedom of speech on campus. The school did not comment about the case.

If you believe that your First Amendment rights have been violated, you will need experienced legal representation to defend you. Contact us so that we can discuss your case.

Protecting Millennial Relationships

Fri, 05 Jan 2018 21:22:28 GMT

January 5, 2018

The complexities of any divorce include dividing money, property and assets between both parties. While this might not be as complex for a millennial as it is for a couple who has spent their lifetime acquiring possessions, both types of divorce require finding a qualified family lawyer to deal with the personal issues.

Legal experts report that stereotypes claim that other generations are more loyal than millennials who don’t really value traditions. She continues that even though they wait to marry, they still place a high priority on the institution. However, she added that they will not tough out a relationship the way their parents did.Â This by no means makes a divorce any easier for millennials. They feel just as hurt and disappointed as any others who divorce , but their outlook for the future tends to be more optimistic.

Although marriage rates in the U.S. continue to decline, divorce rates are also dropping. Millennials delay marriage until later in life, placing an emphasis on education and careers before taking this significant life step. Millennials tend to be more open to diverse relationships, including living together.

In the past, prenuptial agreements held a negative connotation as if one of the parties expected the marriage to end. The more-practical millennials, who prioritize acquiring and preserving wealth, see the prenup as a planning tool and communication map to manage financial expectations and interests. Creating a prenup with a lawyer realistically deals with the uncertainty of the future and helps a couple draft specific plans.

Millennials choosing to live together instead of marrying can benefit from an attorneyâ€™s expertise when drawing up a cohabitation agreement, protecting both parties and their assets in case the relationship ends. When couples know the laws regarding cohabitation , marriage and divorce in their state, they tend to be ready for even unexpected contingencies.

Whether a couple plans to cohabitate, marry or file for divorce, planning for a big relationship step helps the individuals prepare for the future, no matter what happens in the marriage. Consulting with a knowledgeable, experienced family lawyer sets up both parties for success.

African Americans caught bankruptcy system cycle

Sat, 23 Dec 2017 21:20:42 GMT

December 23, 2017

The 32-year-old mother entered the high rise in downtown Memphis as a memory tugged at the far corners of her mind. Suddenly, it came to her. She had been in this very building with her own mother for the same purpose â€” to file bankruptcy .

She anguished over the decision but a court order had recently enforced a judgement against her that allowed a company to seize a portion of her check. With her struggle to make ends meet, the judgment would put an unbearable strain on her already overburdened finances â€” the proverbial straw that broke the camelâ€™s back.

Despite the stigma, she decided that bankruptcy would stop the vicious cycle of juggling bills each month so that she could now start fresh. She even dreamed of becoming a homeowner one day.

While the U.S. Bankruptcy Court for the Western District of Tennessee in Memphis funnels millions of dollars to the court, the lawyers and the creditors, the debtors for whom the entire system exists donâ€™t fare so well. The clients are stuck in a vicious cycle.

Most people choose to file Chapter 7, which allows the person to start over from square one without seizing any debts. In contrast, Chapter 13 requires monthly payments while stopping car repossessions and home foreclosures. This method is most common in the South and was what this mother chose. She didnâ€™t understand the difference between the two. However, filers who opt for Chapter 13 must continue making payments for five full years. Most cannot even last 12 months under the program. These individuals went through each and every step of the bankruptcy â€” paying filing and legal fees and dealing with a seven-year blemish on their credit record â€” but do not ultimately benefit from the program. Once they have defaulted, they revert back to all unpaid debts with interest rates higher than ever.

When comparing Caucasian filings with African-American filings, the latter usually file under Chapter 13 but cannot complete the program. Some return for repeat filings, with a few filing Chapter 13 up to 20 times during their lifetimes. They view bankruptcy as a last resort.

If you are considering bankruptcy, talk to our knowledge attorneys about which options â€” Chapter 7 or Chapter 13 â€” is best for you.

Custody order revoked for Ohio rapist

Tue, 19 Dec 2017 21:19:03 GMT

December 19, 2017

An Ohio rapist who was previously granted parental rights and custody of a child he fathered nearly a decade ago lost custody. The mother of the boy was 12 years old at the time.

Judge Gregory Ross of Sanilac County originally gave parenting time and joint custody to the man and ordered him to pay child support on Sept. 22. The new ruling rescinds those rights but does not address the issue of child support.

The child was born after the man raped the girl. An estimated 100 people gathered to protest the ruling outside the courthouse in October 2017.

The victimâ€™s lawyer expressed her concern over the judgeâ€™s failure to address child support, which the victim needs.

The judge stated that he was unaware of the circumstances surrounding the childâ€™s conception and birth, specifically the rape. He received a paternity petition, which did not indicate anything unusual. He further rejected claims that he â€œrubber stampedâ€ the order, stating that the order did not raise any red flags or causes for concern.

As a result, the court will be reviewing its procedures to ensure that this type of legal error does not occur in the future.

An advocate for abused children expressed her dismay that the original consent order was processed as the defendant was convicted twice of sex offenses. She emphasized the need to protect children and said he should have never been considered for any type of parental rights or custody. The defendant entered a guilty plea to attempted third-degree sexual conduct on Sept. 6, 2008, regarding the mother of the child. He served just over two years in prison and was released on Dec. 20, 2010.

He pled no contest to two counts of criminal sexual conduct related to a 15-year-old girl on March 29, 2010.

The mother in the custody case reported that the defendant kidnapped and raped her, threatening to kill her if she told anyone what happened. However, she decided to keep the baby after learning that she was pregnant. She expressed her gratefulness for the life of her child.

In contrast, the defendant claimed that his relationship with his sonâ€™s mother at age 12 was â€œromantic.â€

If you have questions about the changing landscape of family law, especially as it relates to parental or custodial issues, talk to our seasoned legal team.

Trump administration ruling: Civil Rights laws do not include gender identity

Fri, 15 Dec 2017 21:17:12 GMT

December 15, 2017

Overturning a federal policy put in place by the Obama administration, the U.S. Department of Justice ruled in early October 2017 that federal civil rights protections do not apply to transgendered individuals under the Civil Rights Act of 1964.

Attorney General Jeff Sessions informed federal prosecutors across the nation that they should enforce laws according to the original intentions of Congress and not according to â€œsex.â€ The meaning of the word â€œsexâ€ is in question and is being challenged by gay activists. They claim that the word does include transgendered individuals and sexual orientation in general. However, strict interpretationists insist that it simply means male and female based on law and does not relate to policy.

Sessions elaborated that the previous administration inappropriately applied new meanings to the 53-year-old legislation.

Sessions went on to explain that the Obama administration overstepped its bounds in ascribing unimagined modern categories to a 52-year-old anti-discrimination law. Specifically, the former president officially interpreted civil rights legislation to include homosexuality and transgenderism. However, a spokesman with the DOJ indicated that the expansion of the law was too broad.

Even so, the DOJ assured that all individuals will be protected in accordance with the law. This includes numerous laws that are already in place that prohibit discrimination due to sexual orientation .

Sessions further stated that the repeal of the policy does not justify the mistreatment of any individual. He added that Congress might decide to pass an amendment to Title VII that includes additional protections.

The pro-gay rights organization Lambda Legal complained about the decision. A representative with the agency claimed that the law and the courts were on their side.

Thus far, the Supreme Court has been silent on the matter regarding the definition of â€œsexâ€ and the application of the word when it comes to civil rights. However, a 1989 ruling determined that â€œsexâ€ discrimination applies to anyone outside of generally accepted male/female norms.

The changing landscape of gender laws mean that new cases regularly come before the courts that challenge long-standing decisions. If you have questions about how these laws might affect you, contact our law office for assistance.

Toys “R” Us seeks bankruptcy protection

Mon, 04 Dec 2017 21:15:15 GMT

December 4, 2017

Another retailer, Toys “R” Us, sought Chapter 11 bankruptcy protection on September 18, 2017. The store joins a growing list of brick-and-mortar retailers that has succumbed to the pressures of long-term debt, which they listed at more than $5 billion.

The parent company owns Babies “R” Us and cited stiff competition from other big box stores, such as Walmart, and the online presence of Amazon, as a reason for their financial woes. However, the giant toy retailer could not overcome the mountain of debt “$6 billion” they incurred during a leveraged buyout in 2005. They submitted the paperwork in Richmond, Va., to the federal bankruptcy court .

The company needed to make a payment in 2018 of $400 million as part of their agreement. They sought independent counsel from a legal team in order to address these issues. A statement from the retailer indicated that they still hope to pursue growth over the long term.

Additional retailers that have filed bankruptcy in 2017 include rue 21, a teenage clothing store; Gymboree, a children's clothing store; and Payless ShoeSource. Some companies have released tens of thousands of workers and closed thousands of stores in an effort to remain competitive in this market and to reduce costs. Babies “R” Us and Toys “R” Us stores number about 1,600 globally. The company has given no indication that they will close any of these.

Banks and lenders, including JPMorgan Chase, will back the retailer with $3 billion so that they can keep paying employees and suppliers. The company CEO released a statement that he hopes that the company can move forward as they address their financial problems by seeking bankruptcy protection.

Changing business and retail markets have affected brick-and-mortar businesses in the current retail climate. These effects from businesses can trickle down to individuals, impacting their income and standard of living. In other cases, people struggle with unforeseen medical bills that completely overwhelm them. In these situations and in business-related matters, Chapter 7 or Chapter 11 bankruptcy protection might offer you options and hope for the future. Contact our legal team today to find out how we can help.

Judge Tosses Out Lawsuit Against Black Lives Matter by Police Officer

Mon, 13 Nov 2017 21:13:12 GMT

November 13, 2017

On September 28, 2017, a Louisiana judge tossed out a lawsuit against Black Lives Matter , stating that the group is a “social movement” that can't be sued. An anonymous officer who works for the Baton Rouge Police Department claimed that he suffered from serious injuries during 2016 protests in the city, including brain injuries, the loss of teeth and more, after a rock was thrown at him during a civil rights protest . He wanted BLM held responsible for his injuries.

He also named DeRay Mckesson as a party to the lawsuit, alleging that he contributed to the violence at the protests. Three officers were killed in the city during that month while five were killed in Dallas within days. Additional parties named in the complaint were the Black Lives Matter Network and #BlackLivesMatter, the hashtag used to designate the movement.

The judge admitted that separate individuals and groups apart from BLM can be named in lawsuits. He excluded BLM, reasoning that a movement, such as the Tea Party movement, the LGBT movement, the Civil Rights movement and others, cannot be sued. Furthermore, he challenged the naming of a hashtag, which expresses thought, in the lawsuit and added that no hashtags can be sued, criticizing the plaintiff and his attorneys for the inclusion of the hashtag in the lawsuit.

Mr. Mckesson's legal team expressed their pleasure at the ruling. Mr. Mckesson repeated that he does not condone violence and is sorry that the officer was hurt. However, he agrees with the judge's decision. On the other hand, the officer countered that he was disturbed by the ruling. He sought to remain anonymous because he feared reprisal after filing the lawsuit.

A second lawsuit is still pending from a different officer before the same judge. This case also names the same defendants, including #BlackLivesMatter.

Determining who can be held responsible in a lawsuit might be difficult as some entities do not involve individuals or groups. A competent legal team can provide you with direction when filing a lawsuit to ensure that you name those who can be held liable.

Payless ShoeSource fighting to survive after bankruptcy

Mon, 06 Nov 2017 21:11:25 GMT

November 6, 2017

Payless ShoeSource has eliminated half of its $847 million in debt and is moving forward with plans to open new stores in Latin America, including 22 in Nicaragua , the Dominican Republic, and Peru, as well as venturing into new markets in Asia. As one of the largest stores to ever emerge from bankruptcy, they are using a risky strategy that sounds counter-intuitive in a crowded retail market amid burgeoning competition from online stores.

Despite having only 400 stores in Latin America, the region boasts 40 percent of the chainâ€™s global profit, the most growth for the company. Paylessâ€™ strategy will focus mostly on bricks-and-mortar stores in a highly competitive US market with record store closings, bankruptcies of large franchises, and fierce competition from e-commerce companies, such as Amazon.

The company closed approximately 700 mall-based stores over the course of the bankruptcy but will open four new mega stores in the US on top of their 3,200 existing global locations. The corporation will invest $234 million during the next five years of its expansion, including improving its online sales. Because Payless relies on customer loyalty and repeat customers, they donâ€™t worry about in-store sales suffering from competition with e-commerce.

Emerging from federal bankruptcy provides the company with better terms, vendor contracts and lease agreements. During bankruptcy, many landlords reduced rent by up to 50 percent while vendors increased trade credit by 60 to 75 days. However, the companyâ€™ s past financial woes and the competitive retail space still leaves a small margin for error and doesnâ€™t take into consideration any potential negative surprises.

According to Thomson Reuters LPC data, while Payless slashed its debt in half during its bankruptcy, $280 million of new term loans carry yields between 7 and 9 percent, similar to other struggling retail chains, but still above the average term loan yields of 3.6 percent.

In a changing economic climate, personal or business bankruptcy might provide a viable alternative for debt reorganization . If you are considering bankruptcy, our legal team can help. Contact us today to discuss your options and move toward a positive financial future.

Ford Motors in $10M Harassment Settlement

Sun, 29 Oct 2017 21:09:26 GMT

October 29, 2017

To avoid an extended dispute, the Detroit-based Ford Motor Company has voluntarily agreed to pay up to $10.125 million in a sexual and racial harassment settlement, albeit without any admission of liability. Charges were filed on behalf of a group of workers at its Assembly Plant and its Stamping Plant, both in Chicago.

In its investigation, the U.S. Equal Employment Opportunity Commission , who advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination, found legitimate grounds to believe African-American female employees were repeatedly subjected to sexual and racial harassment and that the company retaliated against those who filed complaints.

Information as to how many employees claimed they experienced harassment or when the incidents were alleged to have occurred was not made public.

TheÂ automaker, who employs 5,500 workers between both plants , claimed it took appropriate steps in handling the matter, including disciplin ary actions and the firing of employees who violated Fordâ€™s anti-harassment policy , after having conducted an investigation of their own.

Although they declined to discuss details, the automaker said employees deemed eligible to receive settlement money will be determined through a claims process as per the agreement established between Ford and the EEOC. Those entitled to the monetary relief include African-American males as well as women, all of whom began working at the plant after Jan. 1, 2010.

Terms of the agreement include that for the next five years, Ford will oversee training at both its Chicago plants; the company will report complaints of discrimination and any sexual harassment to the EEOC; the company will continue teaching established anti-discrimination and anti-harassment protocols to current and new employees; and the company will monitor all personnel for compliance. The automaker will also work closely with the EEOC in addressing complaints of harassment and discrimination at both Chicago plants and to enforce protocol intended to prevent harassment or promptly address it whenever such complaints arise.

Racial and sexual harassment is prohibited by federal law, including Title VII and similar statutes . If you have been the victim of this type of mistreatment, our attorneys can advise you of the proper legal steps to take.

Missouri Law makes it easier for adoptees to find their biological parents

Tue, 17 Oct 2017 21:06:48 GMT

Adoptees over the age of 18 that were born in Missouri can request their birth certificate with their biological parents’ names starting in January 2018. The parents will have to fill out a form to remain anonymous. If they fail to fill out the form, they provide permission by default for the adoptee to find them.

State Representative Don Phillips, who is an adoptee himself, signed the bill on July 1, 2017. Before this, the only way for a person in a closed adoption to find out who their birth parents were was through the court and the specific adoption agency from which they came. In addition, they needed to pay an investigator to find the parents.

Patti Naumann, the leader of Adoption Triad Connection of St. Louis, expressed that there were just too many steps to go through. She added that the process did not work because numerous obstacles held adoptees back, such as cost, name changes of the involved parties and the release of information for both biological parents. With the new process, all the adoptee has to do is obtain their birth certificate and look at the details. The responsibility is on the birth parents to stop the process if they really do not want their information released.

Parents have three options for contact: personal contact, contact by a middle man or no contact. If one parent does not want to be contacted but the other parent does or does not fill out the form, only the participating parent’s information will be released.

Naumann believes that a majority of the parents will consent to the release of information . Data from other states shows that only 86 parents asked to remain anonymous with over 11,000 birth certificate requests. Naumann explains that attitudes about the stigma of adoption have changed from one of shame to greater acceptance. Naumann believes that this new law will allow adoptees and birth parents to reconnect and build a relationship.

If you are looking for your birth parent or if you have other questions about adoption law , contact our seasoned family attorneys for further assistance.

California expands ability to remove child from parental custody

Mon, 04 Sep 2017 21:04:34 GMT

September 5, 2017

In July 2017, the California Supreme Court made a controversial ruling that the state has the right to take custody if a child faces extreme danger even if the parent makes an effort to protect them.

This ruling was based on a case when the state of California removed a 17-year-old girl from her mother’s custody instead of finding the teen delinquent. The teen ran away multiple times and had truancy issues at school. She also had a child at age 15 and then became pregnant again at age 17. Her mother looked for her each time she ran away, called police and child welfare for help but finally decided to send her daughter to live with grandparents.

Oddly, the circumstances for the teen did not change dramatically after the ruling. After a short stay in a shelter, she moved right back to her grandparent’s house.

Though child welfare officials were tasked with providing services to reunite the teen and her mother, the mother still argued that she provided the best possible care for her daughter, that she had a plan for future care and that taking her teen was unnecessary.

The ruling is problematic in both sides of the case. Parents face a stigma after a ruling rendering them unfit in neglect or abuse cases, including when homelessness or mental illnesses is a factor. However, though popular, labeling a child delinquent can have lasting negative effects as well. A child delinquency ruling can often punish children instead of treating them for mental illnesses that are not their fault.

The state is moving toward a long-term view, avoiding the automatic placement of children into the delinquency system pipeline. The state also has the option of taking control of wayward children under delinquency laws covering crimes and less serious behavior, such as missing school or disobedience to parents, without taking guardianship. However, the court almost always prefers a resolution that involves the least amount of intervention possible.

Family law, including cases of juvenile delinquency, often involves thorny issues that can determine a child’s future . Larry Bellomo will help you fight for the rights of your children.

Alfred Angelo Bridal chain closes in bankruptcy

Wed, 30 Aug 2017 21:01:52 GMT

August 31, 2017

Alfred Angelo Bridal Chain closed more than 60 wedding dress stores before filing bankruptcy in July 2017. They claimed only $50,000 in assets contrasted with more than $50 million in liabilities in their filing, showing them completely upside down in debt.

The bridal chain sold dresses at 1,400 retailers while operating its own stores as well. They unfortunately failed to compete against bridal fashion start-ups and traditional retailers that featured lower prices, which led to the outstanding debt and resulted in closure and bankruptcy .

The store closings added panic to a stressful wedding process for many harried brides, and social media served as the storyboard for bridezillas and bridesmaids alike. Brides hurried to resolve the status of their orders while store employees were left unprepared with no way to adequately explain the difficult situation.

The stores closed without warning, and the bridal chain formally apologized. They encouraged bankruptcy trustees to finish and fulfill as many orders as possible in an official letter to customers. However, this situation has justifiably panicked brides to be because of the ultimate fear of losing their dresses, some just weeks before their weddings. An apology and promise of effort did little to solve the angst.

Company employees worked tirelessly to retrieve customer’s ordered items and offered to simply give them any sample items they had on hand in a last ditch effort to take care of customers. However, these efforts did not work for all customers as some were left without their dresses. Brides and bridesmaids flocked to former competitors, such as David’s Bridal, to look for other dresses before it was too late.

Unemployed workers feared not receiving pay for the last week of work. Despite their certainty that they wouldn’t be paid, some still volunteered to work 12-hour days to selflessly take care of customers. Many suffered abuse as customers lost their cool, using profanity, yelling and displaying the expected behavior of a stressed and disgruntled bride-to-be.

While making the decision to file corporate bankruptcy is not easy, companies sometimes must face the inevitable, especially when debt overwhelms them. Larry Bellomo is an experienced Orange County bankruptcy attorney that is here to serve.

US Supreme Court hands major victory to churches

Sat, 19 Aug 2017 20:59:42 GMT

August 20, 2017

After a Missouri church was denied funds to resurface its playground , the Supreme Court ruled in June 2017 that separation of church and state goes too far when they withhold government grants from religious institutions.

Trinity Lutheran Church in Columbia, MO, was denied access to state program funds set aside for charitable organizations when the church sought reimbursement for the cost of rubberizing the surface of its playground. Although the church scored high in the grant process, Missouri’s state constitution forbids spending public money on any church or religious denomination.

Citing that government grants cannot be denied for secular purposes, the court ruled 7-2 that religious entities cannot be excluded from state programs based on similar grounds. This denial directly violates the Constitution’s protection of the free exercise of religion found in the First Amendment .

Experts say the court’s ruling in Trinity v. Comer will bring more challenges in other areas by religious groups. The court’s reasoning sends a strong message that the exclusion of a church from a resurfacing playground project will not be tolerated just as a child should not be excluded from a school-choice program in which they are eligible to attend a religious school on a scholarship.

Supporters of the separation of church and state expressed their disappointment in the ruling. Many are worried about the entanglement of church and government and expressed frustration that the court did not respect Missouri’s strict constitutional prohibition, which is similar to that of 38 other state constitutions.

Many of these states allow church participation in programs that are generally available to the public and are for secular benefits such as safety and health. In a surprising twist, Eric Greitens, the new Republican governor, reversed the policy that originally denied Trinity’s 2012 application, and churches are now eligible to participate.

A private lawyer has been appointed by the new attorney general to defend Missouri’s original policy on church and state.

Larry Bellomo is an Orange County Family Law and Bankruptcy attorney with decades of experience supporting the community.

17 years in, doppelgänger key to inmate exoneration

Mon, 31 Jul 2017 20:57:54 GMT

July 31, 2017

In 1999, Richard Jones was sentenced to a 19-year prison term , convicted of aggravated robbery for purse snatching at a Walmart parking lot. Numerous appeals failed to secure his release though he maintained his innocence throughout his incarceration. However, a new discovery cut two years off his sentence; someone else committed the crime for which Richard was penalized for close to two decades. He gained his release on June 8, 2017, after serving 17 years in custody.

Two men told police they picked up the alleged offender, Ricky Amos, also known as ‘Rick,” from the drug house where he lived. They drove to Walmart to commit the robbery. Of course, the names Rick, Ricky and Richard can all be used interchangeably, leaving Richard Jones a target for pinning the robbery. However, that’s not the oddest part of the story; Ricky Amos and Richard Jones are doppelgangers. The two men look strikingly similar with the same facial features, hair and cornrows. Both possess a 6-feet-tall, 200-pound frame and are roughly the same age.

In 2015, fellow inmates informed Jones of another inmate that looked just like him with a similar name. Jones connected with the Midwest Innocence Project and the University of Kansas Innocence Project who secured his release.

Upon discovering his ‘twin,’ Jones commented that the pieces to the mystery of his conviction fell into place. He understood how authorities could easily confuse him with the actual offender.

At his sentencing, Jones was separated from his two young daughters. Finally, in mid-June 2017, Jones reunited with the girls, now women, and met his granddaughter for the first time.

Amos has not been charged but is serving time for other crimes. Jones also had a criminal record prior to his incarceration. A GoFundMe page has been setup to help Jones get back on his feet. Kansas does not have a law requiring the state to compensate wrongly convicted individuals for overturned convictions.

A wrongful conviction robs the person of years of their life. If you or a loved one have faced wrong imprisonment , contact our legal team today.

Larry Bellomo is an Orange County Family Law attorney with over three decades of experience in practice.

Mary Kay Letourneau in divorce with ex-student

Wed, 19 Jul 2017 20:55:19 GMT

July 20, 2017

In 1996, Mary Kay Letourneau and Vili Fualaau relationship made headlines for weeks as the public followed the highly publicized sexual relationship between the teacher and her student. The couple has now announced their separation .

At the time, Vili was a 12-year-old student while Mary Kay was a 34-year-old married teacher with her own family and children. She was eventually convicted and sentenced to prison as a result of the relationship. Despite orders to stay apart, their relationship lasted through Mary Kay’s seven-and-a-half-year prison sentence. During said sentence, Mary Kay fathered two children by Vili. They married in 2005.

As the pair celebrated their tenth anniversary, Barbara Walters interviewed the family. Vili described that period in his life as challenging and emphasized the lack of support he received. He mentioned that his friends were young and lacked any understanding of how to parent . He appeared to have little if any adult support.

Mary Kay spoke of how their marriage was forever blemished because of the way the relationship began, yet she indicated that there was more depth to their relationship. She explained that she did not know if they would ever truly recover from the damage the media did to their relationship. She admitted that the story was huge and that it took on a life of its own. Even so, she emphasized that they have their own personal story that differs from that portrayed by the media.

Now, after more than two decades of continued national media attention, a prison sentence, and raising two children, the famous couple has separated. Further reports indicate that Vili and Mary Kay are still committed to being good parents to their two children, Audrey, 19, and Georgia, 18. However, an amended report stated that Vili only separated so that he could pass a background test for a new business venture. Vili told the media that their relationship is fine.

Despite the best efforts of couples, marriages sometimes cannot withstand the pressure of internal and external factors. If you are facing a divorce , Orange County divorce lawyer Larry Bellomo can provide you with guidance to ensure that your rights are protected. Contact us today.

Retailer Gymboree files for bankruptcy

Sun, 09 Jul 2017 20:53:34 GMT

July 10, 2017

Following in the steps of other troubled retailers, Gymboree filed for bankruptcy protection in an effort to slash $1 billion of its $1.4 billion in debt. They will stay in business due to an agreement with their lenders as they restructure the organization even borrowing $35 million more to finance operations.

Of nearly 1,300 stores branded Gymboree, Crazy 8 and Janie and Jack brands, the chain is expected to close 375 although they haven’t given specific details. Gymboree employs more than 11,000 people; unfortunately, many of those employees will soon be searching for a new job.

Gymboree’s struggles of declining mall traffic, inflexible rental costs and the rise of online stores causing financial trouble isn’t new. Payless ShoeSource, Rue21, and The Limited all have faced similar woes. In fact, Credit Suisse predicts that by 2022, up to 25 percent of America’s malls could close.

People are shopping online more and more, but online revenue only represents 21 percent of Gymboree’s bottom line . Chief Restructuring Officer James Mesterharm claimed the company’s web systems are outdated, making it difficult for them to keep up in a rapidly changing industry. Gymboree only recently introduced store email, analytics and tablet computers for employees, all evidence that Gymboree lags in innovation.

Throughout their financial struggles , Gymboree has endured several key leadership changes. Chief Financial Officer Andy North has been replaced by interim CFO Liyuan Woo. The company’s CEO, Mark Breitbard, resigned and was replaced by Daniel Griesemer, though Breitbard will remain on staff as chairman. New CEO Daniel Griesemer’s statement on the company’s future can be summarized with hopes that the organization can stay up to date and move forward toward long-term growth.

Gymboree still posted a profit of $71 million in 2016 though down from $94 million in 2015. Filing for bankruptcy while still profitable cold be the act of saving grace for the future of Gymboree.

The changing retail economy has affected individuals and businesses alike, resulting in the need to restructure finances. If you are struggling financially, call us today to see if bankruptcy is right for you.

Larry Bellomo is an Orange County Bankruptcy and Family Law Attorney practicing in southern California for over 30 years.

Dance Moms star sentenced to prison

Thu, 29 Jun 2017 20:43:38 GMT

June 30, 2017

In late 2015, Miller was charged with hiding hundreds of thousands of dollars after filing for Chapter 11 bankruptcy three years prior. She was also charged with smuggling in over $100,000 in foreign currency into the country without legally declaring it to customs. Miller pled guilty to bankruptcy fraud in the summer of 2016. Almost a full year later, she finally learned her fate in early May 2017. Sentenced to one year and one day in prison, Miller will face further supervision upon release. She will also pay $160,000 in fines and judgments.

You know her as the tough-as-nails face of Lifetime’s hit reality series, “Dance Moms.” Now Abby Lee Miller is facing a new kind of reality—prison. Miller built an entire brand on her loud and tough style of instructing young girls in the world of dance. Many criticized her treatment of the girls as near abusive. She has since departed the hit show, replaced by Cheryl Burke of “Dancing With The Stars” fame for the 2016 – 2017 season. While the series’ fate beyond this season remains uncertain, Miller will likely be a news story for the duration of her sentence.

Given her tough image, many speculate how she will deal with serving actual prison time. However, she might not serve her entire sentence and could be looking at about 10 months of time behind bars rather than the full year with further time at a probationary facility .

Despite her legal woes, Miller elected to go about business as usual. She made promotional stops for her show and embarked on approved business trips overseas. Still, she claims she understands the gravity of the charges against her. Despite how people might expect her to react given her public image, she has publically expressed both a willingness to accept responsibility for her mistakes and a fear of what might await her behind bars.

If you want to file Chapter 11 bankruptcy , you need to follow specific guidelines, including the declaration of all monies and properties. Our seasoned attorneys can provide you with proper counsel to help you avoid legal problems.

Mississippi funeral home facing allegations of discrimination

Mon, 19 Jun 2017 20:38:10 GMT

June 20, 2017

The family of the late Robert Huskey is pursuing legal civil action against a Picayune, Louisiana funeral home that reportedly told the family members that they did not “deal with his kind,” referencing his gay marriage . The family had seemingly finalized arrangements to cremate the remains of the late Robert Huskey. With payments made and paperwork pending after the 86-year-old’s death, the family believed the paperwork was done. However, the paperwork listed one John Zawadski as the deceased’s husband, so the funeral home backed out of the arrangement.

John Gaspari, the biological nephew of the widowed Zawadski, had taken over funeral planning in an effort to relieve his uncle of the burden. He grew up viewing Huskey as an uncle and felt outrage and disgust that such prejudices persisted even against a dead man.

In the wake of the decision to refuse funeral services, Gaspari scrambled to find an alternative. He secured another funeral home in Hattiesburg, a 75-mile drive from Picayune. Unfortunately, due to the new nursing home’s lack of a morgue to hold the body until the hearse arrived, Gaspari had to hire the services of yet another funeral home to hold the body for a few hours. Given the distance of the new venue, Gaspari cancelled plans for the luncheon following the burial.

Huskey had taken ill due to heart ailments in his final years. He’d previously undergone bypass surgery, but his condition deteriorated to the point where he could no longer receive proper care at home.

When asked for comment, Henrietta Brewer, the co-owner of the Picayune Funeral Home, denied that her business refused crematory services due to sexual orientation . Furthermore, she insisted that nobody from the home had spoken the words “their kind” to any other party, including the nursing home staff.

While Zawadski is seeking monetary damages , he clarifies that his goal is to ensure that no families go through such experiences in the future.

Larry Bellomo is an Orange County attorney with over 30 years of experience practicing Bankruptcy and Family Law. If you feel that your civil rights have been violated because of your sexual orientation, you might want to seek legal counsel. Our attorneys can provide you with specific guidance relevant to your situation.

Liberals ignited by Miss USA comments

Fri, 09 Jun 2017 20:20:46 GMT

June 10, 2017

Kara McCullough, crowned as the 2017 Miss USA in May , ignited controversy with comments on some hot button social issues. During a Q&A session in pageant, McCullough was asked her opinion on whether healthcare is a right or a privilege. McCullough argued that it was a privilege. In order to have healthcare, she says, we need to have jobs. She cites that her healthcare comes as a benefit of working for the government . Thus, in order to increase access to healthcare, people need access to more jobs. Her comments did not sit well with many advocates of healthcare as a right. They took to social media to decry her position.

The comments come as the United States Senate is debating a bill to repeal the Affordable Care Act, more commonly known as Obamacare . The Trump administration recently expressed openness to permitting states to add work requirements to younger Medicaid recipients. Trump owned the Miss USA pageant before selling it to a talent agency in 2015.

Additional controversy came from McCullough’s comments about feminism, downplaying her very use of the term to herself. She instead employed the word “equalist.” She views men and women with equal opportunities in the workplace. She cites the leadership of many women in scientific fields as an inspiration for her own career success. She runs an outreach program to provide education and tutoring to students.

While progressives remain pleased that the finalists for Miss USA this year promote diversity, the views of the new Miss USA have proven difficult for them. On the other hand, conservatives have balanced the temperament of social reaction to her comments. Many in right-wing media outlets have praised her accomplishments and her status as a strong role model for young women .

Prior to the Q&A section, McCullough was still a fan favorite and finalist among fan-submitted votes. Her crowning marks the second year in a row the representative of D.C. has taken home the title of Miss USA.

Numerous outspoken public figures have vocalized their views on liberal policies. When a newly recognized person brings a more temperate approach to the table, he or she sometimes experiences backlash. If you feel that your rights have been violated because you have expressed outspoken views, contact our legal team for support.

Reproductive technology and baby rights

Tue, 30 May 2017 20:18:35 GMT

May 31, 2017

Almost anything is possible in today’s age as far as artificial insemination and in vitro fertilization is concerned. Unfortunately, very few laws exist to protect children born from these methods, and even fewer rights are afforded them, according to the author of a new book, “Babies of Technology: Assisted Reproduction and the Rights of the Child.” Mary Ann Mason, a professor at UC Berkley, advocates for more regulation in the fertility industry. She claims that children have a fundamental right to know who their biological parents are even if they are not birthed from traditional conception methods.

She sees it as problematic that sperm donors are promised anonymity, causing many of their children to be unable to find them should they wish to know who their birth fathers were. Even when the biological parent is known, there’s no guarantee that the child will have any rights, e.g., an inheritance.

Mason shares the story of a Florida father who froze his sperm before he died of cancer, and his wife gave birth to twins using that sperm after he had passed away. The twins weren’t considered his survivors, so the U.S. Supreme Court ruled that they didn’t qualify to receive his Social Security benefits.

Mason also feels sperm and egg donors shouldn’t be promised anonymity. Instead, assisted reproduction needs to be better controlled with regulations that look out for the interests and rights of the child, more so than the current regulations in the US.

The donors also shouldn’t be paid, resulting in fewer cases where individuals can donate a lot of their sperm or eggs and become parents anonymously to hundreds of children who never learn the identities of the donors who helped create them.

Artificial insemination and bioengineering of embryos is not going to go away, and therefore, the country needs stricter rules and perhaps a federal administrative agency that oversees all aspects of assisted reproduction. Children born in the US have the all the rights of a US citizen, no matter how they’re conceived.

If you have questions about your rights as a child of in vitro fertilization or artificial insemination, contact our legal team to see how we can help.

Retail Bankruptcies Expected to Peak in 2017

Fri, 19 May 2017 20:16:42 GMT

May 20, 2017

As of April, nine major retailers have already filed for bankruptcy in 2017, which will result in hundreds of stores closing . Retailers are running out of cash and are quickly approaching recessionary levels. Those that are staying in business are shutting down a record number of stores. Over the next few months, more than 3,500 stores are expected to close.

Shopping malls across the country are struggling to stay open as stores close faster than the malls can secure new tenants. According to RBC Capital Markets, private equity firms are no longer willing to rescue dying retailers like they did during the recession. Current issues are more structural rather than quick operational fixes, and banks are less willing to save these failing retailers.

Traditional retailers with scores of physical stores have been hit the hardest. RadioShack, Gander Mountain, Payless Shoe Source, hhgregg and BCBG are among the nine retailers that have filed for bankruptcy so far this year—as many as all of last year combined.

Twenty retail companies filed bankruptcy in 2008 at the peak of the recession. CNBC predicates that the U.S. might see these same numbers by September if the current trends persist.

With the rise of e-commerce and titanic shifts in how shoppers spend their money, visits to shopping malls have been declining for years. According to real-estate research firm Cushman & Wakefield, visits declined by 50 percent during 2010 and 2013. Some retailers have not adapted to the new retail environment of changing shoppers’ habits.

American consumers are spending less money on apparel and accessories as they devote more disposable income to travel, restaurants and technology. As a result, malls across the country are struggling to stay open.

Emptied store space in malls is being taken over by entertainment spaces, restaurants and health and wellness destinations, such as fitness studios and nail/hair salons. Without a solid supply of concepts willing to take over, predications indicate that the shopping mall will become an icon of the past.

If you are considering filing for Chapter 7 or Chapter 11 bankruptcy , our attorneys can help ensure that your rights are protect. Contact us for help.

$243k Settlement in NJ Police Brutality Case

Tue, 09 May 2017 20:14:06 GMT

May 10, 2017

Bloomfield Township, NJ agreed to pay a settlement of $243,250 to a man who says he nearly lost his ear during an arrest in April 2017.

His complaint, available for public review at the NJ Civil Settlements blog, alleges that Rodolfo Crespo was arrested on drug-related charges on March 5, 2013. He was then taken to police headquarters where he was reportedly assaulted by officers Orlando Trinidad and Jennifer P. Horn. Upon requesting a phone call, Trinidad grabbed Crespo by the throat, threw him on the floor and placed his knee on Crespo’s back while he and Horn took turns dealing blows to him. They allegedly used force so excessive, they “ practically ripped [his ear] from his head .” Instead of providing first aid, Crespo’s complaint claims the officers tried to cover up the incident altogether.

The lawsuit names several other officers reportedly involved in conspiring to cover up the alleged incident and also states that Crespo’s incident report did not even mention the assault or his injuries. He was eventually taken to the hospital for treatment, where he suffered bruises, trauma to his head and a seriously cut and injured right ear.

This lawsuit is the latest in a series of problems for the department plagued by problems in recent years. Most relevant is a separate incident in which Trinidad was also convicted of assaulting another man during a 2012 arrest on Garden State Parkway. He falsified police reports about the case and was eventually sentenced to five years in prison for his involvement.

In accordance with the settlement’s confidentiality clause, Crespo was not allowed to disclose details of the case with any third parties. However, according to the NJ Civil Settlements blog, if a government agency is involved in the settlement, the facts of the case are a matter of public record.

None of Crespo’s allegations have been proven or disproven in court.

In the political climate of 2017 and beyond, police brutality has come to the forefront of the legal arena. If you or a loved one has suffered at the hands of those who have been sworn to protect you, contact our firm for further information about your rights.

Larry Bellomo is a Family Law and Bankruptcy attorney practicing in Orange County, California.

Judge allegedly aids escape of illegal immigrant

Sat, 29 Apr 2017 20:12:11 GMT

April 30, 2017

An Oregon judge is under investigation for helping an illegal immigrant charged with a DUI leave the Multnomah County Court to avoid arrest by U.S. Immigrations and Customs Enforcement agents.

Monica Herranz allegedly helped Diddier Pacheco, a 22 year-old undocumented Mexican-born construction worker, escape through her own private entrance while federal agents were outside waiting to deport him.

The judge is under internal investigation by the Multnomah County Court Administration and is said to be cooperating with investigators. Federal law makes it illegal to hide illegal aliens in any way, shape or form.

ICE officials met with Billy Williams, the U.S. Attorney in Portland, asking him not to launch an investigation. Williams instead met with most of the judges in the county and made it clear that such actions would not be tolerated.

Pacheco could have left the court room through only three exits, and he failed to come out through the public one. Instead, he is believed to have fled through the private exit the judge and courtroom staff use to get to their offices. This leads to a staircase that goes to yet another exit on the first floor.

Pacheco’s attorney claims to have no knowledge of how his client left the courtroom but acknowledged his client and Herranz knew there were ICE agents inside the courthouse positioned to arrest Pacheco upon his exit through the public exit.

Many in Portland think Herranz should be removed from the bench and even lose her license to practice law for her actions. Herranz is currently a board member of the Oregon Hispanic Bar Association and for the time being, remains a judge in the Multnomah County courts. She will likely face disciplinary action when the investigation is over.

ICE agents captured Pacheco outside the same courthouse after another appearance in court two weeks later. He was taken to an ICE detention facility in New Mexico and is awaiting deportation to Mexico.

With the upheaval under the Trump administration regarding the status of illegal aliens and deportation, the courts continue to challenge the application of related laws. For questions about your civil rights , call us for help. Larry Bellomo is an Orange County attorney practicing in Bankruptcy and Family Law.

Supreme Court abstains on transgender bathroom rights

Wed, 19 Apr 2017 20:10:07 GMT

April 20, 2017

The Supreme Court decided not to rule on a high-profile transgender rights case on whether public schools should allow students to use bathrooms matching their gender identities.

A hearing for the case originally scheduled for March 28 looked like it would be the biggest case of the court’s current term. However, the Trump administration rolled back federal guidance that a lower court had determined did cover transgender students using school bathrooms that correspond to the gender they identify with.

Many officials from the Obama administration, trans-rights advocates, and school officials had filed legal briefs with the Supreme Court to show their support to 17-year-old Gavin Grimm, a student who was born female but who identifies as male . The student, set to graduate in June, had sued his Virginia high school for the right to use the boys’ bathroom.

Lawyers for the Obama administration previously determined transgendered students’ bathroom access was covered under Title IX of the Education Amendments of 1972, a law that bars sex discrimination in schools that receive federal funding. However, the direction of this case dramatically changed with the election of Donald Trump.

The Trump administration backpedaled on the Obama directive that left the decision about school bathroom use up to the personal preference of the student. Previously, the young person could choose a bathroom based on their gender identity , not based on the gender listed on their birth certificate.

The high court asked the U.S. Court of Appeals for the 4th Circuit to look at the case again and decide what to do with it now that the transgender guidance is no longer on the books. The justices did not issue any comment on the case other than their one-sentence order returning it to the U.S. Court of Appeals for the 4th Circuit .

Since the Supreme Court returned the case to a lower court without reaching a decision, the issue of transgender rights in school settings will likely be left in limbo until sometime after Grimm has graduated from high school.

Larry Bellomo has become known as the best Orange County family lawyer for good reason. With decades of experience in practice, he serves his clients with compassion and unrivaled expertise. Contact us today to find out what we can do for you.

Louisiana Sheriff’s office in brutality settlement

Sun, 09 Apr 2017 20:07:23 GMT

April 10, 2017

Bryce Hemstad, an ex-inmate of St. Tammany Parish, settled out of court with the Sheriff’s Office reference an assault case involving a deputy accused of brutality in March 2017. Hemsted’s attorney, Stephen Haedicke, would not release the details of the settlement but divulged that the confidential agreement would be completed within a few weeks. The Sheriff’s Office gave no immediate response to a request for a statement concerning the compromise. After the settlement had been reached, U.S. District Judge Mary Ann Vial Lemmon dismissed Hemstad’s lawsuit.

On October 19, 2016, Hemstad, an inmate in St. Charles Parish’s Nelson Coleman Correctional Center, filed to sue the St. Tammany Sheriff’s Office for police brutality in federal court in New Orleans. The suit stated that on November 27, 2015, Deputy Joseph Hart removed Hemstad from his dormitory, walked him down a hallway while cursing at him and forced him to handcuff himself to a bench. Then, former deputy Timothy Hooker placed Hemstad in a headlock, sprayed him with pepper spray and punched him in the face several times, damaging his teeth, jaw and face. Hemstad claimed he was left to suffer for nearly an hour while still handcuffed to the bench.

The lawsuit also named Deputy Joseph Hart and former Deputy John Favaloro. Hemstad asserted that the pair witnessed the incident but did nothing to prevent the allegedly unprovoked attack. Two other named defendants included Sheriff Randy Smith, former Sheriff Jack Strain and the Sheriff’s Office Insurer.

Hooker, arrested on separate charges in December 2015, was fired by the Sheriff’s Office for allegedly striking another inmate while removing him from the jail’s eating area for not complying with mealtime procedures. Hooker will stand trial concerning the incident.

Within the last 12 years, Hemstad has taken a guilty plea to various charges in St. Tammany which include illegal possession of a firearm, aggravated assault, harassment by telephone, burglary, unlawful possession of the prescription pain medicine oxycodone, and maintaining a methamphetamine lab.

Larry Bellomo is an extraordinary Orange County lawyer with decades of experience practicing Bankruptcy and Family Law. For help with your case, contact our office today.

Early bankruptcy discharge for musician 50 Cent

Fri, 31 Mar 2017 20:05:26 GMT

March 31, 2017

The rapper 50 Cent paid off more than $22 million , and a federal court discharged the bankruptcy in Hartford, Connecticut, in early February 2017. He originally filed bankruptcy in 2015, reporting assets of less than $20 with $36 million in debt. The court set a repayment plan in motion to the tune of about $23 million for the rapper, whose given name is Curtis James Jackson III.

Jackson broke into the rap scene in 2003 with the album, “Get Rich or Die Tryin .”

Jackson sought protection after several lawsuit rulings against him. He owns a mansion in Farmington. While the mansion was slated to be sold, the early repayment negated that necessity.

The original plan was scheduled to take five years, but he managed to repay it early by using his own money and more than $13.5 million that he received from a personal injury malpractice settlement. The courts allowed a discount for the early pay-off of the bankruptcy. He was able to initially pay $7.4 million followed by another $1.3 million. By negotiating with creditors after receiving the settlement, he was able to repay his debt early. Unsecured creditors dropped their claims from 74 to 72 percent.

However, his journey toward solvency was fraught with challenges, among them a debt of $6 million to a woman after he posted a sex tape of her with her boyfriend online. She originally requested $7 million but also agreed to a reduced settlement.

During the summer of 2015, when he initially filed for bankruptcy , he posted a photo of himself on social media with stacks of money. When the court questioned his behavior, his attorneys claimed that the money was not real and that he was simply pulling a publicity stunt, similar to the behavior of others in the entertainment industry.

Sleek Audio, the largest creditor, won $18.1 million but eventually received about $17.5 million. They had made a headphones deal with Jackson that eventually dissolved.

Filing bankruptcy might not result in the devastation that you believe. Talk to our legal team for further information on the types of bankruptcy and on possible options that might accelerate the process for you as well.

Elvis Presley granddaughters taken into protective custody

Sun, 19 Mar 2017 20:03:25 GMT

March 20, 2017

Lisa Marie Presley claims that upsetting photographs of young children have been found on a computer that belonged to her husband, Michael Lockwood, resulting in the placement of her 8-year-old twin daughters into protective custody . Presley and Lockwood are separated. Presley reportedly found inappropriate video film and numerous photos on his computer. In court documents filed in Los Angeles on Feb. 7, she expressed her outrage at the alleged discovery.

The twins are in the care of California’s Department of Children and Family Services . Presley has requested that the court refuse Lockwood’s request for $100,000 in legal fees and $40,000 monthly in alimony based on his reported possession of the pictures. The incident affected her emotionally, thus providing a rationale for denying the monetary claims, according to her attorney.

The Beverly Hills Police Department indicated that that child abuse allegations stemmed from incidents that occurred in Tennessee. The Tennessee Bureau of Investigation apparently seized different items prior to June 2016. However, the BHPD added that the TBI had not filed a case related to the matter.

Presley further indicated that her previous business manager did not pay taxes; as a result, she owes millions of dollars in delinquent taxes. She explained that the business manager and Lockwood purchased large items without her permission. She also pays for two full-time nannies along with the expenses for the girls’ private school. Presley resides with an older daughter in order to reduce her financial outlay.

Lockwood responded to the allegations, claiming that they were nothing more than a weak attempt at defamation. He further insisted that her statements were inaccurate but added that he would not seek revenge by painting her in a negative light. He categorically denied the accusations but did not make an additional statement regarding the matter.

In some cases, criminal activity of the other party might affect the payment of legal fees and alimony , reducing your financial responsibility. Emotional distress might also impact your divorce case . A competent family law attorney can provide you with further information on the financial implications for your specific situation.

OCC student suspended after recording professor’s anti-Trump rant

Fri, 10 Mar 2017 20:01:16 GMT

March 10, 2017

A 19-year-old freshman at Orange Coast College in California was suspended after he recorded his professor criticizing President Trump in December 2016. The student plans to appeal his case; if the school refuses his appeal, he has indicated he will file a lawsuit. The process involves an appeal through the proper channels at the college. If that doesn’t work, he will file his case in federal court.

The student was directed to apologize to the professor and write an essay stating why he made the recording. He was also terminated from classes for a semester and for the summer term. After the student recorded the video, he posted it on YouTube and then on the school’s Facebook page. His lawyer claimed that he was targeted as a conservative and alleged that the student’s civil rights were violated.

One professor observed that the school Republican had engaged in cyberbullying by posting the video. Another instructor commented that the posting was an effort to intimidate instructors and was politically motivated. The chairman of Republican Party of Orange County categorically denied this claim, further stating that that the school was limiting the young man’s freedom of speech . He labeled the school’s actions as an attempt to trample the freedom of speech of the young man and again emphasized his support of the young man in question and of his right to appeal the case.

The young man allegedly received death threats after he posted the video. The female gay professor, 68 and a Latina, explained that she commented about the President in all three classes that she taught on human sexuality. She wanted to comfort students who were upset about the election and to direct them to resources if they felt discrimination. She was recorded stating that the election of President Trump was “an act of terrorism.”

Upper management at the college was reportedly investigating her statements, but it was not known if the school took further action in the matter or if they finished their report.

If you believe that your right to free speech has been violated, call us for assistance. We will review the facts of your case and provide you with counsel on a possible course of action.

Cuba Gooding, Jr. Files for Divorce

Tue, 28 Feb 2017 19:59:05 GMT

February 28, 2017

Actor Cuba Gooding Jr. separated from his wife, Sara Kapfer, on March 13, 2014 due to irreconcilable differences. On January 19, 2017, he finally responded, filing for divorce . The couple has been married for 22 years. Gooding, 49, is seeking physical and legal custody of the pair’s daughter, age 10.

However, when the couple first separated, Kapfer asked for joint physical and legal custody . She also sought alimony. According to his divorce filing, Gooding is willing to pay spousal support as requested, but does not want that support to extend to any time after the initial separation. Gooding starred in the “People Vs. OJ Simpson,” which earned him a significant amount of money; he did not want her to lay claim to those funds.

The couple met in high school, and Gooding often spoke kindly of their relationship. After dating for seven years, they wed in March 1994. The pair has three children, Piper, Mason and Spencer. The two other children are no longer minors, so custody is not an issue.

The actor spoke highly of his wife on “The View” and shared fond recollections of how they fell in love in high school. He also suggested they might be reconciling when he appeared on “The Steve Harvey Show” in March 2016.

Gooding has starred in dozens of movies and television shows, including the 1996 movie, “Jerry McGuire,” featuring Tom Cruise. In it, he quoted his now famous line, “Show me the money!” His first credited acting gig in a movie, according to IMBD, was in “Coming to America,” starring Eddie Murphy. He played a boy getting a haircut. He subsequently had roles in various television shows. The actor’s additional well-known films movies include “Snow Dogs,” “Radio,” “Red Tails,” “Men of Honor” and Lee Daniels’ “The Butler.” He has demonstrated extensive versatility in his roles, playing in dramas, comedies, thrillers and more and calling on a wide range of acting skills to make his characters come to life.

Even if you are not a Hollywood actor, you need legal counsel when your marriage ends . If you are looking for seasoned representation, talk to our officer today.

Abby Lee Miller faces fraud charges

Mon, 20 Feb 2017 19:56:59 GMT

February 20, 2017

The star of “Dance Moms,” Abby Lee Miller, has much more trouble on her hands than dealing with the ultra-competitive moms and talented dance students on her hit reality television show. In June of 2016 in federal court, Miller pleaded guilty to bankruptcy fraud. Her sentencing hearing began on January 20 and will continue on February 24, after which U.S. District Judge Joy Flowers Conti will make her decision.

Assistant U.S. Attorney Gregory Melucci is pushing for a 2 to 2 ½ years prison sentence rather than merely probation. Although the defense argued that no creditors suffered financial loss when the bankruptcy fraud was exposed, under the law, the amount of money involved merits a prison sentence. Melucci contended that the only reason Miller hid her earnings was so that she did not have to repay the full amount of what she owed.

After defaulting on two mortgages, one a $245,000 condominium in Florida and another a $96,000 dance studio outside of Pittsburgh, Miller filed for bankruptcy. She included various additional debts totaling almost $60,000, among which were her unpaid property taxes. Miller requested the Chapter 11 bankruptcy court to allow her to pay back only a portion of her condominium loan, $150,000, at a lesser interest rate. She even proposed to give back the property and pay nothing. Miller agreed to fully repay her other debts, but wanted zero or lower interest rates. After discovering the fraud, Miller received an order from a very angry bankruptcy judge to pay back everything she owed.

According to Chapter 11 bankruptcy laws, Miller should have fully and honestly disclosed all income and assets, but she concealed her real earnings throughout the proceedings and never revealed information about television contracts for future income. Her deceitfulness was exposed when the bankruptcy judge happened to be flipping through the channels and discovered Miller’s reality TV show. After further investigation, Bankruptcy Trustee Larry Wahlquist testified about her true income and non-approved bank accounts.

Miller’s attorneys will not comment until the February 24th hearing, at which time they will call their witnesses.

If you are considering filing a Chapter 11 bankruptcy, you will need to follow federal laws and regulations or risk prosecution for defrauding the court. Our legal team can help you navigate through filing a bankruptcy .

MLK Jr’s son in meeting with Trump

Fri, 10 Feb 2017 19:53:57 GMT

February 10, 2017

On the heels of escalating tension with prominent civil rights leaders and just before his inauguration as President, Donald J. Trump met with the oldest son of the Rev. Dr. Martin Luther King Jr. The meeting accented the public feud President-elect Trump is having with Representative John Lewis of Georgia.

The meeting was an effort to calm the fractured distrust of many minorities for the President-elect. He has contended President Obama’s country of birth, received support from white supremacists, argued for stronger immigration laws that could divide families and backed other policies that counter minority interests. He posed for photos with Martin Luther King III but did not respond to questions from reporters regarding related matters.

The closed-door meeting lasted nearly an hour, and he then provided opportunities for photos. Mr. King felt that the session was beneficial for civil rights and emphasized the President-elect’s desire to work together for all Americans. Mr. King plans to hold him accountable to those promises. He also down played the feud between Mr. Lewis and the President-elect, stating that both parties made statements in the heat of the moment. Mr. Lewis threatened to boycott the election and challenged the validity of election results due to alleged Russian hacking.

Mr. King suggested that the government offer a free photo identification card so that Americans could vote even if they do not have a driver’s license. The President-elect seemed open to the idea. However, some leaders felt that these steps were not enough to calm their fears. Rev. Sharpton explained that he thought the President-elect was only concerned about public appearances and that he did not care about the real issues.

About 8 percent of African-American voters cast ballots for President-elect Trump. An estimated 75 percent of blacks think that race relations will deteriorate while he is President.

Sean Spicer, the cabinet’s press secretary, indicated that the President-elect would not ignore the attacks from Mr. Lewis. However, he seemed to scale back his comments against the Representative within hours.

The nation is focused on civil rights issues due to tense race relations amid the current political atmosphere. If you feel that your rights have been violated, talk to our civil rights lawyers to find out what steps you should take.

Court Agrees to Terms of Teresa Giudice’s Bankruptcy

Tue, 31 Jan 2017 19:51:56 GMT

January 31, 2017

“Real Housewives of New Jersey” star, Teresa Giudice, has — for the moment — some breathing room.

In December 2016, she reached a settlement with her creditors that has been approved by the U.S. Bankruptcy court in Newark, NJ. This settlement allows her to keep 55 percent of any potential winnings from the ongoing lawsuit she has against her former bankruptcy attorney, James Kridel.

The parties reached the settlement after intense negotiations between Giudice and multiple creditors and attorneys. A U.S. bankruptcy judge expressed simultaneous relief and disbelief at the surprising resolution of the hearing.

Giudice’s attorneys at the time of the ruling, Anthony Rainone and Carlos Cuevas, indicated that Guidice has repaid the majority of her creditors, including $156,000 against a $551,563 lien filed by the Internal Revenue Service. The attorneys also stated that Giudice and her husband have worked out a settlement with the NJ Department of Revenue.

The Giudices initially filed for bankruptcy in 2009, retaining Kridel as their counsel. However, the bankruptcy trustee , John Sywilok, accused the Giudices of hiding assets and income, which prompted the Giudices to withdraw their bankruptcy filing.

Teresa Giudice was charged and pled guilty to bankruptcy fraud. She was also found guilty of wire and mail fraud for a scheme perpetrated prior to the bankruptcy.

While serving her one-year prison sentence, Giudice filed a legal malpractice suit against Kridel, alleging the mishandling of the fraud charges resulted in her imprisonment. Kridel responded by calling the lawsuit “absurd.”

When the trustee, Sywilok, was made aware of Giudice’s case against Kridel, he reopened her bankruptcy. Sywilok initially contended that any winnings from this case should go to Giudice’s creditors but subsequently agreed with her attorneys to split the award between her and her creditors.

Giudice’s legal malpractice suit against Kridel was dismissed earlier in 2016 due to the reopened bankruptcy. However, Giudice’s attorneys indicate they plan to refile the suit this month, claiming Sywilok as a co-plaintiff.

In the RHONJ reunion show in 2016, Teresa Giudice accused co-star Jacqueline Laurita of reporting her to the feds.

Ordinary people sometimes face unexpected expenses and other financial challenges in their daily lives. A competent bankruptcy attorney can review your case to help your decide if filing bankruptcy is a valid option.

Custody Battle over Sofia Vergara’s Embryos

Fri, 20 Jan 2017 19:49:06 GMT

January 20, 2017

Nick Loeb, Sofia Vergara’s ex, is pursuing custody of two frozen embryos , Emma and Isabella. The couple split up in 2014; Loeb previously sought custody of the embryos. The lawsuit claims that the embryos are due an inheritance via a trust in Louisiana, but they cannot claim it as they have not been born. The embryos are physically in California.

Louisiana has determined that a fertilized egg is a person, which differs from California law. However, Loeb is not named as a plaintiff. Instead, a separate trustee has been listed as a plaintiff.

Vergara, who stars in the sit-com, “Modern Family,” created the embryos via in-vitro fertilization in 2013. The couple allegedly signed a contract stating that they both must agree regarding the handling the embryos. Vergara reportedly has denied permission for the embryos to be given to a surrogate mother to be birthed.

The plaintiff’s legal team has stated that both parties knew that the purpose of IVF was to bring the embryos to full term. According to text message records, four embryos originally survived. However, additional information states that the embryos would remain frozen and only brought to term if both of them agreed to this course of action. Vergara does not want the babies born now that she and Loeb have split up. On the other hand, Loeb, with a strong pro-life stance, believes the babies have a right to live.

Vergara’s legal team further contends that Loeb’s reported pro-life beliefs are nothing more than a publicity stunt, since he previously consented to abortions for two former girlfriends. Depositions on the two women, as yet unnamed, remain in limbo.

Vergara has now married an actor. She has one son from a prior relationship. Her attorney believes that Loeb’s case will fail. He further cites the written agreement both parties made prior to the pregnancy.

A key focus in the case is specifically when a fertilized egg is considered to be a viable human being. If you have questions on specific family law matters, contact our office to find out your rights and for answers to your legal questions.

Orange County DA under investigation for serious accusations

Wed, 11 Jan 2017 19:47:08 GMT

Orange County District Attorney Under Investigation for Serious Accusations

January 11, 2016

In 2011, Scott Dekraai murdered eight people in a Seal Beach salon in Orange County, California. Three years later, after confessing to the crimes, he was sent to prison pending his court case. In 2015, a California criminal court judge removed the OC District Attorney’s office from the case , citing numerous violations of Dekraai’s rights while he was in prison.

According to court documents, the OCDA office used prison informants to obtain information on Dekraai in an attempt to secure the harshest possible verdict. The California District Attorney’s office was assigned as prosecution, and the Orange County DA’s office started on a journey that eventually led to federal lawsuits against the office and many of its attorneys.

In the state of California, prosecutors cannot legally utilize informants to gather information on a suspect after that individual has been arrested. However, in 2013 OC public defender Scott Sanders alleged that the DA’s office had been using confidential informants in prison as a regular course of action. In December 2016, the U.S. Department of Justice opened an investigation into the alleged practice by the OCDA’s office.

The Orange County District Attorney’s office is the largest in the country with approximately 250 attorneys and a huge staff of support personnel. The investigation into their unethical and potentially illegal activities has already lead to the overturning of several key murder convictions. Some legal observers are speculating that the Department of Justice may open investigations into every murder case the Orange County DA has prosecuted since 1986.

Rackauckas and his office have denied any wrongdoing despite mounting evidence against them. This included a secret file that was used to track every informant the Orange County DA had working inside local prisons and which prisoners those informants were talking to.

This speculation has been brewing for years, but the official investigation has only just begun. The Department of Justice has not indicated if the OCDA’s office will be allowed to prosecute cases while it is under investigation or if the DA’s office will be temporarily suspended from murder case prosecutions. In light of prosecutorial misconduct , the court might overturn a criminal case.

Larry Bellomo is an exceptional Orange County lawyer practicing in Bankruptcy and Family Law.

Cannabis now legal in California

Sat, 31 Dec 2016 19:44:33 GMT

December 31, 2016

Although the drug is still illegal under federal guidelines, an Oregon representative believes that the feds will need to reconsider removing federal penalties for the drug so that each state can independently decide what restrictions to pass. He further called the war on drugs “toxic.” States now use this individual approach when dealing with alcohol . However, medical experts question the safety of the drug, especially when it comes to impairment while driving and how it affects the brains of young people. Those against legalization want further research into the long-term effects of the drug.

The new laws reflect the changing attitudes in the country about the legalization of the drug. According to a Gallup poll in October, 60 percent of those who responded were in support of national legalization, the highest number in nearly half a century.

State laws aside, the federal government’s restrictions prevent interstate sale of marijuana. However, the lieutenant governor of California thinks that the bloc of states where the drug is legal can work together on the issue, possibly effecting national change.

Supporters across the state praised the new law, known as Proposition 64, as criminal justice and a social justice reform since minorities will no longer be arrested and convicted for possession.

The funding disparity in the campaign between the anti-legalization efforts and the pro-legalization efforts no doubt played a huge role in the passing of the bill. The campaign against legalization spent just $2 million while the campaign for legalization spent an estimated $24 million as of Nov. 6. Marijuana companies, optimistic that the drug’s legalization would benefit them, invested heavily into the campaign.

Advocates called the passage of the law a huge victory because of California’s booming economy, its large population and the state’s optimal growing conditions for the drug. The bill passed with a 56 percent approval and permits those over the age of 21 to possess small amounts of the drug for personal use. Individuals can also grow as many as six plants in their homes as long as they cannot be seen by the public. However, it will take at least two years for the licensing process at which time the sale of the drug will begin.

Changing drug laws in California affect criminal sanctions and might even impact previous legal decisions. Larry Bellomo is a Bankruptcy and Family lawyer in Orange County, California. If you are in need of legal representation, contact our office today for your free, no obligation consultation.

$20 Million Settlement for Wife of Exonerated Prisoner

Tue, 13 Dec 2016 19:41:15 GMT

December 13, 2016

An appeals court in Illinois determined in October 2016 that a woman who married an inmate is now entitled to the $20 million settlement he received in a wrongful conviction case as part of marital property.

The defendant, Juan Rivera, was sentenced to life in prison without the possibility of parole for the murder of an 11-year-old girl in 1992. He appealed in 1998 but was again found guilty and re-sentenced with the same penalty. In 2009, he was retried. Evidence showed that he was on a home monitoring system and could not have possibly committed the crime. Even so, he was again found guilty and sentenced to life in prison without parole. DNA evidence finally cleared him in 2011, and he was subsequently freed.

His wife, Melissa Sanders-Rivera, married him on Oct. 31, 2000. He sought a divorce in May 2014. He received approximately $11.4 million after legal fees and taxes.

He contested that she was not entitled to the money because he had allegedly committed the “crime” in 1992. She countered that the money stemmed from a lawsuit as a result of his exoneration in 2011. The appellate court ruled that since the defendant filed the wrongful-conviction lawsuit in 2011 when he was married, the settlement should be shared with his wife.

The woman’s attorney felt the ruling was fair and hopes that the decision will be upheld. He claimed that she was caring and added that she visited her husband hundreds of time while he was in custody. He further explained that she provided him with the emotional support that carried him through the years of difficulties when everyone else had turned against him.

The man’s attorney felt that the ruling was an injustice to him and hopes that the appellate court’s decision will be overturned. In the event that the ruling is not overturned, the attorney hopes that a jury will reduce the payout amount to his ex-wife.

If you have questions about equitable property division when a marriage ends, our team of seasoned legal professionals can provide you with answers. Call us to be sure that you are treated fairly during a divorce.

Chinese Divorce Settlement Breaks $1 Billion

Thu, 01 Dec 2016 19:39:07 GMT

December 1, 2016

In September 2016, as part one of the highest divorce settlements in the nation, the controlling stakeholder of Grindr, a gay-dating app, Zhou Yahui will transfer 278 million shares equaling an estimated $1.1 billion to his soon-to-be ex. The agreement stands as one of the most expensive settlements on record. Zhou will keep control of the company as he will retain $1.5 billion in inventory or a 34.5 percent stake.

Zhou originally earned his fortune via the distribution of Chinese games online and overseas, bringing his revenue totals to 1.78 billion yuan in 2015. Nearly three-fourths of his earnings were overseas. He graduated from the Beijing institution of Tsinghua University. The company is now expanding into social media and online finance. He also invested in a British lending company, LendInvest.

This is not the first divorce settlement in China to hit a record amount. In 2012, another couple negotiated an extremely high settlement of $2.75 billion, which Wu Yajun paid to her ex-husband, Cai Kui. She is the chairwoman of a property development company, Longfor Properties. Another hefty settlement of $359 million was paid by the vice president of heavy equipment, Yuan Jinhua, to his ex-wife, Wang Haiyan.

Wang Wei, the founder of an online video site, potentially lost the most money during his divorce. In 2011, during the divorce process, his ex-wife sought to have the value of the shares frozen for his company, Tudou. This delayed the initial public offering of the stock on Nasdaq. Although he did come to an agreement of $7 million with his wife, a rival company, Youku, took advantage of the delay. That company proceeded to accelerate the sale of shares, which in turn, affected demand for Tudou. Eventually, Youku acquired Toudu, but Alibaba, the e-commerce conglomerate, now owns the company.

According to the Ministry of Civil affairs, the divorce rate, while still very low, rose from 1.7 percent in 2008 to 2.8 percent nationally in 2015. A state newspaper indicated that the divorce rate rose by 5.6 percent from 2014 to 2015, according to the BBC.

Earlier during the summer of 2016, yet more people in the nation began talking about divorce. Social media chatter and related hashtags escalated after when another famous couple, Wang Baoqiang filed for divorce from his wife, Ma Rong, after she reportedly slept with his agent, Song Zhe. Wang has accused his ex of hiding assets from him. China still holds to highly stereotypical roles of a woman who stays home and cares for her family while the husband works.

During a high asset divorce , both parties need seasoned legal representation with the experience to handle the related nuances of the case. Contact our law firm if you have questions about asset division when a marriage ends.

Mandatory Minimum Sentencing for Rape Offenses in California

Wed, 09 Nov 2016 19:36:40 GMT

November 9, 2016

On September 30, 2016, Gov. Jerry Brown signed a new bill into law in response to the 60-day jail sentence imposed in a sexual assault by a former university swimmer. The bill has broadened the definition of rape and includes mandatory prison sentences if the victim is unconscious during a sexual assault.

The victim in the Brock Turner case, who remained anonymous, made an emotional statement about the personal upheaval that the trial caused her. Activists accused the judge of disregarding her feelings and called the penalty lenient. A petition to recall the judge because of the ruling is circulating. Critics complained that both the judge and the defendant attended the same college and claim that the judge’s sentence reflected the current climate of “white privilege.”

Three Democrat Assemblymen backed the bill, AB2888. The Santa Clara County District Attorney stated that although prison is not a viable option for every offender, more serious crimes, including rape, deserve a prison term. Certain sex crimes, including sexual assault of an unconscious or drunk person, will no longer be eligible for probation and will require a minimum prison term of three years. Attempted rape would mean a two-year minimum prison sentence. Critics have countered that the bill undermines efforts to minimize jail and prison overcrowding.

The governor elaborated that the bill will bring justice to ensure fair sentencing for certain similar offenses. In reaction to accusations against Bill Cosby for sex crimes, the governor signed a bill that eliminates the statute of limitations for sex offenses in the state.

A spokeswoman with the California American Civil Liberties Union expressed her concerns that mandatory harsh penalties will negatively affect minorities. She explained that the state already imposes sentencing guidelines to address these types of situations.

In the Brock Turner case, prosecutors sought six years in custody. However, the probation department submitted a presentence report using established sentencing guidelines, which the judge followed. The judge elaborated that he weighed the following factors as determined by law: the defendant’s age, lack of a criminal record, remorse and level of impairment.

Criminal cases sometimes result in civil lawsuits, depending on the type and the ramifications of the offense. Larry Bellomo is a Family, Divorce and Bankruptcy attorney in Orange County, California that has over three decades of experience.

Record $20.2 Million Award Challenged

Sat, 22 Oct 2016 19:34:50 GMT

November 23, 2016

The defendant in a record-setting civil lawsuit has argued that the verdict was a miscarriage of justice, which could mean that the ruling is overturned, resulting in the possible loss of a $20.2 million award for a New Jersey couple .

The accident is not under dispute, but the extent of the plaintiff’s injuries is in question. Dorthe, who was driving a pickup truck on the day of the accident, March 20, 2010, accidentally rear-ended Visaggio at a stoplight. Steven Visaggio, the plaintiff, reportedly suffered ongoing back problems and permanent injuries to his shoulder after he fell off his motorcycle, landing underneath it. However, Kurt Dorthe, the defendant, is fighting the ruling.

A three-panel appeals ruling in October 2016 agreed with him, resulting in a new trial in the case. They stated that the defendant did not receive a fair trial and believe that the verdict is grossly excessive . They further stated that the judge limited the scope of the defense lawyer’s cross-examinations and that he admonished the same attorney before the jury, possibly affecting their opinion of his professionalism. The judge also permitted testimony from the plaintiff regarding adopting a baby with disabilities — although the child was 22 in 2010, during the trial.

The original judge refused to allow reported videos of a man believed to be the plaintiff working in 2013 despite his claims regarding his extensive injuries. The video documents this person climbing up a ladder onto a roof and back down, allegedly carrying plywood during one trip. Visaggio worked as a home improvement contractor.

The plaintiff did not request medical expenses or lost wages. However, the jury awarded a pain and suffering amount to Visaggio of $15.5 million. They gave his spouse an additional $3.8 million although she was not with him when the accident occurred. Added fees, interests and related costs increased the verdict to the highest in the state in 2014.

The legal team’s failure to pay close attention to seemingly minor details in a personal injury case could affect the entire outcome of a civil lawsuit, resulting in an eventual overturn of a significant verdict. Contact our law firm for seasoned legal representation after a serious injury-accident.

$7 Million Settlement Reached in Depp-Heard Divorce

Wed, 05 Oct 2016 19:32:47 GMT

October 6, 2016

Amber Heard and Johnny Depp agreed to a $7 million settlement in their divorce case in Los Angeles in August 2016, dropping further litigation after the end of their 15-month marriage. Heard, 30, originally claimed that Depp, 53, committed domestic violence against her and allegedly rejected a prior $8 million deal. Depp denied those allegations.

According to Forbes magazine, Depp’s net worth is $48 million. The couple released a joint statement regarding the settlement and denying any intention of harm by either party. Amber will donate money from the divorce to a charity although no details were specified.

However, photographs were released that showed a mirror plastered with the phrase, “Starring Billy Bob and Easy Amber” written across it in blood and blue paint. According to Heard’s legal team, Depp went off into an alcohol- and drug-fueled tirade, breaking glass and cutting his finger tip. He then scripted the phrase on the mirror, using his finger. The incident reportedly happened in Australia in Spring 2015 during the filming of a Pirates of the Caribbean movie, slated for release in Summer 2017. The movie temporarily stopped production as Depp came back to the U.S. for restorative surgery.

Although Depp and Heard met on the set of The Rum Diaries in 2009, Depp was involved with a French actress at the time. The two later connected in 2012.

Billy Bob Thornton categorically denied the accusations of an affair with Heard. He elaborated that the two only spent time together at a cast dinner but did not socialize apart from that. He stated that they had a purely professional relationship, and he did not even claim a friendship with her. Heard further denied an affair.

Thornton, previously married to Angelina Jolie, is now married to Connie Angland. He addressed the rumors with her and reassured her that they were false.

Allegations of domestic violence can further complicate divorce proceedings. An Orange County family attorney can work with you to negotiate a fair resolution to your divorce. For assistance with the negotiation process or help with your case, contact our law firm today.

Medical Marijuana Victory in 9th Circuit Court Ruling

Tue, 27 Sep 2016 19:30:59 GMT

September 28, 2016

In the continued battle between the federal and state governments regarding the legalization of marijuana, the 9 th U.S. Circuit Court of Appeals determined in August 2016 that the U.S. Department of Justice cannot prosecute marijuana cases when the defendant has followed medical guidelines under state law. The law also protects growers and dispensaries.

Half of the states in the nation permit medical marijuana usage. Nine additional states, including California, have relaxed laws coming before the voters on the ballot in the upcoming November elections. However, the sale of marijuana is still a federal crime although the DOJ cannot interfere with state regulations of the drug.

The cases before the 9 ^th Circuit related to 10 incidents involving defendants in Washington and California who wanted a dismissal of their federal charges. The Court agreed to the dismissal with the stipulation that the defendants strictly followed all related state laws, which will now be decided by the lower courts.

The ruling went before a three-judge panel, who all agreed despite the conservative views of two of the judges. However, Judge Diarmuid O’Scannlain opined that the ruling does not keep medical marijuana users from following the law. The ruling occurred just days after the Obama administration opened doors for further research with the drug, including clinical trials and plant growth.

The DOJ countered that they wanted limited prosecution and claimed that the state could still apply their rulings to medical marijuana laws. However, the court felt that this interpretation was a stretch and ruled that it conflicted with the overall tone of the law, citing a rider permitting the use of the drug on an appropriations bill.

However, Congress might later drop the rider, jeopardizing the status of medical marijuana users . The DOJ could again seek prosecution in these cases until the federal government addresses cannabis reform on a more permanent basis.

Larry Bellomo is the most trusted Orange County Bankruptcy and Family Lawyer. If you have any Family Law or Bankruptcy needs, give Orange County’s premier attorney a call.

Domestic violence victims seek help, find eviction instead

Wed, 24 Aug 2016 19:26:48 GMT

August 25, 2016

Many victims of domestic violence stay silent and choose not to seek help from the police or domestic violence shelters for a surprising reason. Ashlee Rousey’s story exemplifies what she and others face when they contact authorities.

In 2008, Ms. Rousey called the police when her abusive ex-boyfriend showed up at her apartment. Her phone call led to her eviction by her landlord just five days later. According to court documents, when she explained what happened to the property management company, she was told she would have to leave due to nuisance laws, which held her responsible for the disturbance, even though she was the victim.

The National Network to End Domestic Violence reports that victims of domestic abuse face increasing rates of homelessness with between 22 and 57 percent of homeless women claiming that domestic violence resulted in homelessness. Nuisance ordinances introduced during the prohibition era cracked down on speakeasies that have evolved in the decades since, giving landlords grounds for evicting tenants in domestic disturbances that require police intervention.

Sen. Jeanne Shaheen (D-N.H.) introduced the Fair Housing for Domestic Violence and Sexual Assault Survivors Act, which aims to provide exemptions for these victims of abuse, making them a protected class . Landlords currently can include lease or rental contract stipulations in which criminal activity of any kind on the property is grounds for dismissal. Unfortunately for people like Ashlee Rousey, this provides a loophole, allowing their entire households to be kicked out of their homes if the police are called.

To this day, Rousey claims that she struggles to find adequate housing as this incident from 2008 remains on her record, following her every time she seeks a new home. As a victim of domestic abuse seeking new housing, potential landlords can reject her lease application without knowing any context. For this reason, an alarming number of domestic violence victims will not seek police intervention for fear of what the future may hold for them if they do.

If you have been a victim of domestic violence or believe that your housing rights have been violated, you might need legal representation. Larry Bellomo is renowned as a leading Orange County attorney, having practiced extensively in divorce, domestic violence and housing issues. Give our firm a call for your free, no obligation consultation.

Supreme Court judgment supports unconstitutional police stop

Tue, 09 Aug 2016 19:24:38 GMT

August 10, 2016

The U.S. Supreme Court overturned a Utah Supreme Court decision in which evidence used to convict Edward Joseph Strieff Jr. was not admissible because the stop was unlawful. Strieff had been stopped by police officers as he left a home that was under surveillance for drug activity. The officer ran his identification and discovered an outstanding warrant for a traffic violation. This discovery allowed police to physically search Strieff whereupon they found methamphetamine and drug paraphernalia.

Justice Clarence Thomas wrote for the 5-3 majority and declared that while the stop was unconstitutional, he still felt that it was justifiable once authorities discovered the arrest warrant, especially after they confiscated the related evidence. However, Justice Sonia Sotomayor, the first justice of Hispanic heritage, has a number of concerns regarding this decision. In her dissenting opinion , Sotomayor wrote that the authorities overstepped their boundaries and that previous court cases required that the evidence be dismissed as fruit of the poisonous tree.

Sotomayor further expanded in her dissent that the ruling permits authorities to randomly stop anyone, ask them for identification and then search records for any outstanding warrants. She additionally expressed fears that the ruling could negatively impact people of color who would be unfairly targeted, especially with the political climate in the nation. She cited regular talks that black and brown parents have with their children regarding proper interactions with authorities in order to protect themselves during any type of police contact.

Thomas wrote that he did not have any concerns about police misconduct related to this specific stop. However, Sotomayor disagreed and declared that no matter the race or innocence or guilt of a person, the police could confirm his or her legal status. Authorities could search a person without grounds, thus violating his or her rights as a citizen, effectively treating him or her as a number.

Despite the Supreme Court’s ruling in the Strieff case, continued legal challenges might yet arise when it comes to arrests and the rights of minorities. If you think that you were unfairly targeted due to race in a traffic stop, contact our office for legal assistance.

Larry Bellomo is an Orange County attorney practicing Family and Bankruptcy Law.

Supreme Court ruling clarifies judge recusal

Mon, 04 Jul 2016 19:21:49 GMT

July 5, 2016

In a divided decision, the Supreme Court rendered a ruling that judges must recuse themselves from cases in which they have previously played a substantial role in prosecuting the individual appearing before them. The decision came after retired Pennsylvania Supreme Court justice, Ronald Castille, ruled on the appeal of a death-row inmate, Terrance Williams, whom Castille had helped prosecute and sought the death penalty for nearly 30 years earlier.

The complicated case against Williams, a teenaged star football player, dated back to the mid-80s when he was convicted of murdering a church deacon and setting his body on fire. Originally, the crime was connected to a robbery, but during the appeals process, lawyers found evidence that the teen had been sexually molested by the victim. However, the defendant did not provide this information to the court. A lower court ruled that the prosecution suppressed evidence in the original trial, although Castille was unaware of it.

In his latest appeal, Williams filed a response asking for Castille to recuse himself or to refer the motion to the full court for a decision, but Castille denied the response without explanation. As a former district attorney, Castille felt that he should not be recused from every one of the thousands of cases that he prosecuted out of the Philadelphia District Attorney’s Office. The majority of the justices disagreed with Castille’s point of view. Justice Anthony Kennedy wrote the majority opinion and asserted that Castille should have removed himself from the case to avoid the obvious conflict of interest. He summarized that a judge’s previous representation of the people against a defendant could show possible bias against him or her, rendering the case unconstitutional. The Supreme Court decision means that Williams should receive a new hearing.

The federal government protects defendants in case of a conflict of interest in a case, such as a judge who was involved in a criminal prosecution. Additional examples of possible conflicts of interest include a significant financial stake in the case or a family relationship to either attorney. Larry Bellomo is an Orange County bankruptcy attorney with over three decades of experience representing the southern California communities in their legal issues.

$21 Million awarded in domestic violence case

Tue, 28 Jun 2016 19:18:36 GMT

June 29, 2016

Domestic violence victim Jennifer Kershaw received an award of more than $21 million in damages from a jury in Franklin County, Ohio. According to Michael King, attorney for the plaintiff, the case sends abusers a strong message that they will be held accountable for their actions and that these crimes will not be tolerated.

Kershaw, who went by her married name of Jennifer Bailey, suffered regular abuse from her husband. When the first-grade teacher visited the emergency room with multiple cuts and bruises, a swollen eye and a broken cheekbone, medical personnel contacted the authorities. Despite her refusal to press charges, the courts convicted Jerry Bailey of a misdemeanor. He spent two days in jail, paid a $100 fine and was placed on probation for two years. Kershaw didn’t think that the sentence was strong enough and reasoned that if she had she been assaulted by a stranger, he would have received more stringent sanctions. Kershaw decided Bailey, and others like him, should be held responsible for their behavior and suffer real consequences.

Kershaw sued her abusive, now ex-husband in civil court for assault and battery and intentional infliction of severe emotional distress. When the judge announced the $1.58 million compensatory damage award, Kershaw, overwhelmed with emotion, missed the rest of the judge’s statement. After the initial shock, Kershaw realized that she had also been awarded $20 million for punitive damages .

Because of Ohio laws limiting the amount of money that can be given for non-economic and punitive damages, Kershaw’s actual award will come to about $3.5 million, an amount that King believes is too low when compared with the original award.

Bailey did not appear in court and did not have an attorney representing him during the civil trial.

The landmark represents one of the first in Ohio for a favorable ruling for the domestic violence victim against an abusive spouse. Kershaw, who felt like her husband had controlled her life, filed the lawsuit as a means of empowerment for herself and other domestic violence victims. Although the legal battle was “gut-wrenching” and brought back memories Kershaw had tried to forget, she can move forward with the healing process, knowing the difference that she has made in the lives of many abused women.

Despite the drastic reduction in the financial compensation to the victim, the courts sent a strong message regarding civil liability in a domestic violence case. Larry Bellomo is an Orange County attorney with over three decades of experience practicing Family and Bankruptcy Law.

Drew Barrymore’s Divorce

Sat, 18 Jun 2016 19:16:46 GMT

June 19, 2016

Drew Barrymore, 41, and Will Kopelman, 38 , have called it quits after nearly four years of marriage. In June 2012, the couple wed at Barrymore’s Montecito mansion and soon after, became the proud parents to beautiful daughters, Olive and Frankie. The pair seemed determined to make their married life work despite rocky pasts and busy schedules. During an interview in the fall of 2015 , Barrymore shared how she and her husband compromised on numerous issues to make their relationship stronger. She expressed her option that compromise could benefit both parties. Unfortunately, their efforts failed to keep the couple together. Although their marriage has ended, Barrymore and Kopelman remain committed to co-parenting and staying a family.

Although Barrymore confessed that she and her now estranged husband are “polar opposites” when communicating their likes and dislikes, Barrymore respects Kopelman as a person and as the father of the children. The decision of where to live may have been one of the issues facing the couple who shared houses on both coasts – one outside of Los Angeles and the other on the Upper East Side of New York City. Barrymore’s schedule, including her acting, writing and producing career; her makeup line, Flower Beauty; her winemaking business, Barrymore Wines; and mothering two- and three-year-olds, keeps her overwhelmingly busy. Kopelman also boasts a successful career as an art dealer and advisor in addition to his role as a loving father. Sources mention that the now exes were headed in different directions and did not rush into this decision.

In an interview, Barrymore expressed the pain related to the divorce , stating that she feels like a failure. Her saving graces, her friends and fans, help considerably through this rough season of life. As Barrymore continues to put one foot in front of the other, at the advice of a longtime and trusted friend, she finds that life does go on. Looking forward to raising her children and enjoying her “girlfriend” time, Barrymore foresees an amicable relationship with Kopelman.

Children complicate a divorce as parents struggle to resolve their issues amicably. Larry Bellomo is an Orange County Family Lawyer who has practiced divorce law for over 30 years. For help with the resolution of parenting schedules and other family law matters, contact our law firm for assistance.

Irvine Woman Secures Award of $5.7 Million in Harassment Case

Sun, 05 Jun 2016 19:14:23 GMT

June 5, 2016

A Southern California jury found a now-divorced couple both guilty of planting drugs in the car of another woman , a former PTA school president. What started as a minor conflict in the parking lot of an Irvine, CA, grade school ended in the courtroom with a guilty verdict for Kent and Jill Easters and a $5.7 million award for Kelli Peters in civil damages .

Although Peters claims it was never about the money, the ruling allowed her to walk away with a sense that justice served. She believes that the courts sent a strong message that it is not okay to wreak havoc in the life of an innocent person. If they had shown remorse or offered an apology, she mentioned that she never would have taken the case this far. Peters feels that the ruling brought her closure after years of dealing with the emotional pain inflicted by the Easters.

The problem started in 2010 when Jill Easter did not find her son in the parking lot ready for pick-up upon her arrival. She became upset, and Peter’s offhand comment that maybe he was “slow lining up” made matters worse. Easter left offended as she felt the remark insulted her son’s intelligence. The situation intensified when Easter alleged that Peters was stalking her and tried to have Peters removed from her position.

In 2011, the police received a phone call, later discovered to be Kent Easter using a phony accent, about a parent driving erratically through the school’s parking lot. Peters was detained and her car searched, revealing marijuana and pills. Shocked and humiliated, Peters began the process of proving her innocence and unraveling the mystery.

Five years later, it took the jury less than an hour to deliberate and find that Kent and Jill Easter acted maliciously when they framed Peters. Up to the end, Kent Easter argued that Peters embellished her story and exaggerated the pain she suffered to gain monetary compensation well beyond that which she deserved.

Even if a person was not convicted in a criminal case, a jury might still find them guilty in a civil lawsuit. If someone has harassed you or damaged your reputation, contact us for professional help with your case.

U.S. Supreme Court Refuses to Hear Marijuana and Stun Gun Cases

Sun, 15 May 2016 19:12:46 GMT

May 16, 2016

The U.S. Supreme Court reviewed two cases in March 2016 — one involving Colorado’s legalized marijuana industry and the other a Massachusetts attempt to limit a person’s right to possess stun guns for self-defense — but refused to hear both. Neither the marijuana case nor the stun gun case resulted in unanimous decisions. In both cases, at least two justices opposed the majority opinion.

In the Colorado case, U.S. Solicitor General Donald B. Verrilli Jr. encouraged the Supreme Court to refuse to hear the complaint out of Nebraska and Oklahoma. The court followed his counsel but gave no reason for their refusal in the matter. Nebraska and Oklahoma desperately desired to be heard on the matter as they pursued a lawsuit directly through the Supreme Court — an unusual procedure that is only allowed under very specific circumstances. The states cited interstate concerns to justify their deviation from the usual protocol.

The court declined to hear Nebraska and Oklahoma’s claim that Colorado’s multimillion dollar marijuana industry, while legal there, does not prevent third parties from engaging in unlawful activities stemming from Colorado’s marijuana enterprise and bringing crime to neighboring states. Two justices wanted to hear the complaint on the grounds that Nebraska and Oklahoma brought enough concern of potential harm to their states, so they felt the states’ reasons were valid.

The case of Caetano v. Massachusetts, No. 14-10078 in Massachusetts involved the attempt of the state to criminalize possession of stun guns for its citizens although most other states have approved the use of these devices as a reasonable form of self-defense. The Supreme Court rejected the case, possibly because the Massachusetts law, if upheld, would contradict the ruling in a 2008 Supreme Court case that allows citizens to keep arms for self-defense. The resulting rejection forces Massachusetts to revisit and revise their position on a citizen’s right to possess stun guns.

The marijuana case spoke to states’ rights to enact laws as they see fit, while the Massachusetts case addressed the hotly contested matter of gun ownership in the country . If need legal advice, contact us for seasoned counsel about your concerns.

Lawsuit against FitBit Challenges Accuracy of Readings

Fri, 01 Apr 2016 19:10:52 GMT

April 2, 2016

A lawsuit submitted against Fitbit, the designer of fitness tracking devices, has challenged the accuracy of their readings, claiming that they are misleading consumers. The class-action lawsuit, filed in February 2016, alleges that the devices do not live up to their advertisements that they will properly monitor the wearers’ heart rates . The lawsuit addresses the danger of depending on false readings, which could result in incorrect heart rates. Fitbit countered that the devices are not designed to provide scientific data.

Claimants from several states have joined together in the lawsuit. One man claimed that his device registered 25 bpm lower than his actual pace. A woman alleged that her Fitbit measured her heart rate at 82 beats per minute while her doctor measured it at 160 bpms. The misinformation can cause undue stress, confusion about the user’s actual health or a false belief that a user is meeting exercise goals.

Although other companies have invented devices to track the heart rates of users, Fitbits are the bestselling brand in the world. The company has two separate products, which also measure sleep quality, calories burned and steps walked. Both devices, the Surge fitness watch and the Charge HR wristband, use a “PurePulse” sensor, measuring blood volume using an LED.

Fitbit marketing strategies have included website claims that owners can check their heart rate and slogans, such as “Know your heart.” Even so, the company has denied the merits of the lawsuit and plans to mount a strong defense. They further added that they provide ongoing tracking of a person’s heart rate to help customers reach their fitness goals.

The current lawsuit comes on the heels of a 2014 lawsuit against Fitbit that claimed the devices caused consumers to get rashes.

When a consumer product does not live up to its sales and marketing claims, consumers have the right to file a lawsuit against the company. If you have been the victim of a defective product , contact our law firm for seasoned legal representation. We can provide you with additional information on your rights.

50 Cent questioned by bankruptcy judge over social media photos

Fri, 18 Mar 2016 19:08:54 GMT

March 18, 2016

After the rapper, “50 Cent” posted pictures of himself with piles of cash on social media , the bankruptcy judge called him back to court to elaborate on why he has filed bankruptcy. The rapper, whose given name is Curtis J. Jackson, has previously stated that he makes millions of dollars, but he claims that he is embroiled in costly lawsuits that are draining him financially.

The photos, posted on Instagram, show him surrounded by stacks of $100 bills, which could easily total $50,000. He posted another picture that used the bills to write out “B-R-O-K-E.” As a result, U.S. Bankruptcy Judge Ann M. Nevins fears that he is defrauding the court. In February 2016, she expressed her concerns as she told his lawyer that she wondered about his honesty in the case. She further stated that the bankruptcy process as a whole should be transparent for all involved parties and that struggling debtors can find relief from the court. She added that since he is a public figure, the need for transparency increases.

His attorney responded that Mr. Jackson would appear in court to answer the judge’s concerns and emphasized his openness in the case. Three of the claimants, including an ex-girlfriend, SunTrust Bank and Sleek Audio, claim that the rapper owes them a total of $29 million.

The trio filed court documents in January, claiming that the rapper has posted performance photos where he was likely paid, but they do not believe that he has reported those earnings to the court. They further questioned the existence of a home in Africa as documented by yet another Instagram photo where the star bragged about a housewarming party. Court documents further question the value of the “50 Cent” trademark, which was again hidden from the court.

The rapper rose to fame after his 2003 album, “Get Rich or Die Tryin.’ ”

Social media often plays a role in various court cases, including divorce, civil proceedings and bankruptcy. Our firm recommends that you limit posting on social media while your case is in process to avoid jeopardizing your case. For further information, contact our legal team.

Tea Party Threatens GOP Establishment in California

Thu, 10 Mar 2016 19:06:40 GMT

March 10, 2016

As the nation focuses on presidential primary season, where conservative aspirants to the White House try to woo voters and caucus goers, a subtler political trend is taking place in California. And it could spell doom for the California GOP. Conservative candidates across this traditionally blue state are hoping to fill Barbara Boxer’ soon-to-be-vacated sensate seat, but the upstart tea party movement might have the last word on that. Here’s what to know about the tea party’s influence in the 2016 California elections.

They are an ascending minority

California is still a left-leaning state, and conservatives are certainly in the minority. However, an LA Times/Dornsife poll released in September 2015 showed that 48% of Republicans support the tea party. That’s not too shabby for an organization that’s only existed since 2009.

GOP candidates need their support

Republican candidates for senate, such as Tom Del Beccaro and George Sundheim, find themselves in the unenviable position of having to appeal to not only the party moderates, but also the reactionary faction found in the tea party. Any candidate who even hints at a pathway to citizenship for undocumented immigrants will find that tea party members will turn their backs on them come June.

More isn’t necessarily better

On top of Del Beccaro and Sundheim, Al Ramirez, a Los Angeles businessman, has thrown his hat in the ring and is aggressively courting the tea party. For the Republicans, too much choice could be a bad thing. Having so many candidates runs the risk of fracturing the electorate. And because California’s system is set up in such a way that the two candidates who receive the most votes during the June primary end up on the ballot, that means two democrats could be running in November.

The stats don’t lie: the California Republican party has been suffering declines for years , and the arrival of the tea party seems like it will only hasten the party’s decline. Because while the tea party hopes to start a political revolution in California, other folks, like U.C. San Diego political science professor Gary Jacobsen, feel the movement all but threatens to destroy the state GOP. He says of the tea party: “They are culturally, ideologically and demographically out of touch with a large majority of Californians.”

Not great news for California conservatives.

Porter Ranch gas leak has global consequences

Sat, 20 Feb 2016 19:04:41 GMT

February 20, 2016

In 2015 California Governor Jerry Brown took the lead on climate change. Not only did he attend the United Nations Conference on Climate Change in Europe, but back home he outlined steps to combat the problem, such as the goal of reducing emissions of methane and other short-term pollutants 40% by 2030. Now he—as well as the state of California and indeed the world—is being undermined by a natural gas leak near Porter Ranch, in the San Fernando Valley region of Los Angeles. The leak, the result of a failed well at the Southern California Gas Co., has been ongoing for over three months, and a report issued by a UC Davis scientist on Nov. 20th registered 50 parts per million of methane in the atmosphere, an overall boost of 25%.

Here’s what it means to the state and the environment

It’s no surprise

According to MIT energy-studies assistant professor Jessika Trancik, the Porter Ranch incident does not come as a shock. An expert on the environmental effects of natural-gas emissions, she attributed the leak to a widespread failure of natural-gas infrastructure. More monitoring and better indicators of which well sites are at risk, she says, will help prevent future incidents.

The solution

The leak can’t continue forever. Indeed, it has tapered off dramatically from its high of 58,000 kg of methane per hour on Nov. 28th, to 18,400 kg per hour on Jan. 21st. Experts are now working to seal off the damaged well, a project they say will be completed by the end of February.

The fallout

Even this single occurrence can exacerbate climate change. At the height of the leak, the well surpassed methane gas emissions by all other industrial activity in the state. Because methane is a greenhouse gas more powerful than carbon dioxide, the massive and sustained release of it into the atmosphere will have environmental consequences long after the emissions stop.

For its part, Southern California Gas Co. says it will make up for the damage it has done to the climate in such a short time. And Gov. Brown does intend to hold the gas company’s feet to the fire by ordering them to fund various environmental projects that aim to curb climate pollutants. However, methane emissions are not covered in California’s environmental laws, so the culprits might get away scot-free while planet earth gets stuck with the bill.

Facts about the Los Angeles Rams

Tue, 02 Feb 2016 19:02:47 GMT

February 2, 2016

Well, it’s finally happened. After 20 some-odd years of local sports fans subsisting solely on baseball, basketball and hockey, a pro football team is coming to Los Angeles. Two, to be precise. Because not only have NFL team owners approved the St. Louis Rams move from Minnesota to the California, but they threw the San Diego Chargers into the bargain. And although the Chargers have the option to stay in San Diego until the 2017 season, the Rams’ bags are already packed. So what does this mean for the sports landscape of L.A.? Quite a bit. Here’s the breakdown:

The stadium

Cynics outside of Los Angeles might point out that it will be hard to host an NFL team without a football stadium. Indeed, Los Angeles does not possess an adequate venue as of yet. Enter Rams owner Stan Kroenke, who has proposed a $1.86 billion stadium in Inglewood, the same neighborhood where the Showtime-era Los Angeles Lakers delivered so many legendary nights. This is where the Rams and Chargers will play. In the interim the Rams will kick off the 2016 season in USC’s Coliseum.

The coach

The Rams have a storied history in Los Angeles that dates back to the 1940s. But the logo isn’t the only thing that’s getting a homecoming. Rams head coach Jeff Fisher, a vested Californian himself, is returning to the same city where he played college ball for USC. For Fisher, the experience is a bittersweet one as it means saying goodbye to loyal fans in St. Louis. At a press conference in Los Angeles on Jan. 15 th , 2016, Fisher expressed remorse at leaving but also remarked, “Once you’re a Rams fan, you’re always a Rams fan.”

The owner

But the star of the show was Kroenke himself. In front of a smattering of excited fans, and amid former Rams players like Jackie Slater and Wendell Tyler, Kroenke laid out his grand vision for the stadium and for the future of the team. Among other things he said he didn’t have to twist the city’s arm regarding the team’s move. “I don’t think we sold them. I think it was the excellence of the project itself.”

That remains to be seen. What is for certain is that the prodigal team has returned to L.A.

For Young Tech Billionaires, the Time to Donate is Now

Wed, 30 Dec 2015 19:01:08 GMT

December 30, 2015

Warren Buffet made a splash in 2006 when he announced plans to start giving away the bulk of his fortune. An impressive philanthropic move, to be sure, but when he made the decision he was already 76 years old. And that’s the way it’s almost always been: the WWII generation and the baby boomers have generally been tight-fisted with their money, only donating it once they’ve reached their golden years or, more often, after they’ve kicked the bucket.

But a new trend in the world of philanthropy is upon us, one that sees younger billionaires, mostly from Silicon Valley, giving sooner rather than later. Here’s what you need to know about the donation habits of today’s industry titans.

Zuckerberg is leading the charge

At only 31 years old and with a reported net worth of around $45 billion, Facebook founder Mark Zuckerberg is America’s richest man under 40. And he and his wife, Priscilla Chan, have recently announced plans to give 99% of their Facebook stock away to charity over time. This isn’t the first time Zuckerberg has cut a big check—he and his wife have given away well over a billion dollars to various charities up to this point.

Others with deep pockets are joining in

The beginnings of this spirit of giving have their roots in the Buffet announcement as well as the Giving Pledge , of which Zuckerberg is a signatory. This is a commitment from the world’s wealthiest people, including Microsoft’s Paul Allen, Oracle’s Larry Ellison, and Facebook’s Sheryl Sandberg, to give away the majority of their wealth. And most of these folks are starting sooner rather than later.

Tech vets are catching the giving fever too

What got as much ink as Buffet’s 2006 announcement that he was giving away his cash, was just who would receive all that wealth: The Bill and Melinda Gates Foundation . Through this foundation, Bill Gates has been funding a number of initiatives, be it clean-energy technology, agricultural development, HIV research and more. But even Gates himself has admitted that he didn’t really hop on the give-back train until he was in his 40s. Looks like today’s tech billionaires have got him beat on that front.

Zuckerberg, via an open Facebook post to his newborn daughter Max, suggests that his decision to give away his fortune is for her sake. He wants his kids to grow up in a better world than he did. But maybe there are selfish reasons too; by giving away his cash now, he will live long enough to see the positive effects it will have on our world. Win-win.

Sherri Shepherd liable for child via surrogate

Mon, 21 Dec 2015 18:58:27 GMT

December 21, 2015

A Pennsylvania appeals court agreed with a lower court ruling and determined that actress Sherri Shepherd is financially liable for a child that a surrogate birthed prior to Shepherd’s divorce from her ex. The court upheld the surrogacy contract despite Shepherd’s efforts to void it. The actress and television personality must keep paying $4,100 monthly in child support. Her ex-husband, Lamar Sally, has custody of the 1-year-old boy.

Shepherd acted in movies and various sitcoms and co-hosted “The View” on ABC between 2007 and 2014. She did not provide a comment on the legal decision.

Sally told the media that she does not want to be involved in the child’s life and as the father, he is happy to be raising the boy. Together, the couple paid more than $105,000 for a Philadelphia woman to carry the boy to term after he was conceived by Sally’s sperm with a donor egg. Of that money, Shepherd contributed more than $100,000.

However, as the marriage struggled when the birth mother approached her due date, Shepherd backed out of her involvement in the surrogacy and quit attending the woman’s medical appointments.

Originally, the birth certificate named the mother as the surrogate, and California officials initially pursued her for child support.

Pennsylvania had not previously ruled on surrogacy contracts although other states have not recognized their validity. The owner of a surrogacy clinic expressed her relief at the decision as well, stating that surrogates enter into a legal agreement with another person to carry a baby on their behalf. Implicit in surrogacy is that the gestational carrier has no rights to the child. The court held that since Shepherd admitted that she agreed to the surrogacy, she was directly responsible for the child, who would not have been born without her involvement. As such, they held that she was the legal mother.

As surrogacy and other options in parenting become increasingly common, the related legal issues will become more complex. A knowledgeable family law attorney can help clients wade through these complicated matters.

Serial bankruptcy filer strikes again

Mon, 07 Dec 2015 18:56:29 GMT

December 7, 2015

On Nov. 10, 2015, a Florida man filed his 15th bankruptcy petition since 2002 , just weeks after his ban on filing ended. He might well own the notorious title of Tampa Bay’s most frequent bankruptcy filer.

His previous filings effectively avoided foreclosure on his residence for more than a decade. He now hopes to prevent eviction from his rental townhome in the same manner. One Tampa bankruptcy judge observed that she had never seen so many bankruptcy filings from one individual. His file reflects that as it makes a large volume of his record and bankruptcy discharges . However, she observed that serial filers might not be taking advantage of the system. Instead, they consider why the person is filing bankruptcy. For example, complications with the IRS might lead to different foreclosure problems.

The man claimed that his current economic struggles are due to seizures and related health issues. With monthly rent payments of $2,200, he is delinquent to the tune of $7,800 or over three months behind on payments.

He and his wife purchased a previous home just a few miles away from his current home in 2001. He quit making payments within months, and the bank began foreclosure proceedings. He filed bankruptcy the following year. Since bankruptcy automatically stops debt collection and any foreclosure proceedings, the couple was able to stay in their home without making payments for 12 years by submitting bankruptcy petitions to block the sale each time the bank attempted to foreclose. Since he did not submit the proper paperwork, the judge kept dismissing the petitions. The bank would start foreclosure proceedings again, starting the cycle over.

Although judges have the option of stopping a debtor from repeated filings if they think that the debtor is taking advantage of the system, he continued this pattern for more than a decade. Technically, the government imposes no limits on how many petitions a person can file. On Sept. 20, 2013, a judge finally labeled him a serial filer and prohibited him from additional filings until Sept. 20, 2015. His home was repossessed, and his family moved to the current rental.

In some cases, people need to file repeated bankruptcy , depending on their personal and business situations. Our law firm can assist you with legal counsel regarding your options and how long you need to wait in between bankruptcy filings.

Campus Violence Spiking in America

Mon, 30 Nov 2015 18:54:32 GMT

November 30, 2015

By now most U.S. citizens (and indeed foreigners with even a passing interest in American news), are aware that the country has experienced its fair share of violence on school campuses. And it’s true that most of this mayhem is of the mass shooting variety. However, on November 4th , in the sleepy California agricultural town of Merced, a young man brought a hunting knife to UC Merced and proceeded to assault four people. Here’s everything you need to know about the incident.

The assailant

Authorities have identified the attacker as Faisal Mohammad, 18, from Santa Clara, CA. According to reports, Mohammad was an engineering and computer science major. At the time of this writing, police were still searching for a motive for the attack. What police and several eye-witnesses have confirmed, however, is that Mohammad was carrying a hunting knife with an 8-10-inch blade, which he used to stab four people. Mohammad was eventually shot and killed by campus police after a pursuit.

The victims

Mohammad carried a hunting knife into an 8am class, at which time he proceeded to stab two students. He then stabbed another man who entered the room before running out of the class. Outside of the university, Mohammad stabbed a female member of campus staff who was sitting on a bench. It was at this point campus police arrived and a chase ensued. All four victims are expected to make a full recovery.

The bystander who intervened

The third man who was stabbed in the class has been identified as Byron Price, a construction worker who was remodeling a waiting room located near the classroom. He heard a commotion and entered the classroom, figuring it was a fight. Mohammad engaged Price, who lied on the floor and kicked his legs up in order to avoid the long blade of the knife. Mohammad eventually got frustrated and fled. Witnesses credit Price with helping to prevent the death of one of the victims.

The aftermath

While shaken, community members as well as university staff and faculty are grateful that no lives were lost. As one parent of a UC Merced student put it: “Thank god the guy didn’t have a gun, shooting people, killing them.” It is certainly one consolation. Hopefully the next violent attack on a U.S. college campus—and there will be more—is casualty free as well. But with the proliferation of guns in America, that doesn’t seem likely.

Solving the San Francisco housing crisis

Thu, 19 Nov 2015 18:51:39 GMT

November 19, 2015

San Francisco residents recently took to the polls to address the defining issue of this iconic city: housing. As we’ve been told many times before, Americans are now in a “sharing economy,” as evidenced by the rise in popularity of companies like Uber and Airbnb. The problem is that while a company like Airbnb offers inexpensive boarding in a city like San Francisco, its corporate headquarters, located just across the bay in Silicon Valley, helps to drive up home prices in the very same city via the wealthy tech players moving in. Many residents feel the middle-class (never mind the poor and homeless) are being pushed out of their homes, and the measures up for a vote reflect this crisis. Here’s a breakdown of the major initiatives in play at the ballot box.

The results cited below are courtesy of SFElections.org

Proposition A (Passed 75% in favor)

The low-cost housing sketched out in Proposition I will be funded by a $310-million bond. The money in question is earmarked for a number of purposes, including the preservation of established low-cost affordable housing sites, construction of new low-and-middle-income buildings, prevention of long-term residents in low-cost apartments, and the funding of assistance programs for middle-income residents to buy their own homes.

Proposition K (Passed 74% in favor)

If there remains any “surplus city property” in San Francisco, then this measure seeks to utilize it. Proposition K frees up available buildings in the city to be converted into housing for everyone from the homeless to the middle class.

Proposition F (Failed 56% opposed)

This is the most contentious measure on the ballot. Powerful politicians, like Ca. Senator Dianne Feinstein , support it, while Airbnb has spent $8 million to defeat it. The law would limit home rentals to 75 days a year, which Airbnb, says would hamstring its business model. Moreover, they also claim it won’t free up any housing like backers of the proposition suggest it will. But probably the most controversial part of the measure is that it would allow “interested parties,” such as neighbors, to inform on anyone they feel is breaking the law. That does have a bit of a “Gestapo” ring to it.

Proposition I (Failed 57% opposed)

This is another measure sold as a remedy to San Francisco’s housing crisis. What it does is place a moratorium on market-rate housing construction for 18 months, which would sideline the big developers while the city implements a neighborhood plan to create affordable housing. San Francisco incumbent mayor Ed Lee supports it. Considering that San Francisco’s median rent has skyrockets to $4,000 a month for a one-bedroom apartment, it makes political sense for the mayor to be on the side of affordable housing.

Regardless of the results from these polls, it’s unlikely the housing crisis will be solved overnight. It seems that, for the foreseeable future at least, the city’s middle class will continue to be squeezed out of what was once a place that welcomed everyone with open arms—regardless of the size of their wallet.

What to know about watering your lawn during California drought

Mon, 02 Nov 2015 18:48:09 GMT

November 2, 2015

Hard to believe it was only back in early April when California Governor Jerry Brown made an emergency declaration mandating a 25% statewide reduction in water use. After all, California had been in a drought for four years up to that point. But the water restrictions quickly went into effect and folks everywhere began limiting their water consumption.

Of course much of this came in the form of cutting back on lawn watering. While this is certainly effective, many folks have been going about it the wrong way despite following the new restrictions to the letter. Some are even causing permanent damage to their land. Here’s everything you need to know about maintaining a healthy (even if it’s dead) lawn in 2015 California.

The rules

The lawn-watering restrictions are not uniform across the state of California. They vary by city and county. For example, in this time of drought folks in Los Angeles are allowed to water their lawns for eight minutes at a time three times per week. That doesn’t leave a lot wriggle room, and the simple fact is that many lawns are going to continue to die. However, there is a way to maintain the foundation of a lawn even if the grass itself is dead, and this can be accomplished within the legal constraints. Tending to a lawn even in a time of drought ensures that the soil remains fertile for future growth. More on this below.

Don’t stop watering your lawn for good

Many folks figure that if they’re just going to let their lawn die, they might as well save even more water by shutting off the hose completely. This is a mistake. Depriving soil of water for extended periods of time kills the soil and makes it that much harder to absorb the water when rains do come. Experts recommend occasionally watering even dead lawns, as well as covering dirt in mulch and dead leaves to help deposit minerals into the earth.

Water the trees, too

Don’t think for a second that trees don’t need water. Use some of your allotted watering time to give any trees on your property a good drink. Or, concerning younger trees, the experts recommend filling a tub or basin with 10-15 gallons of water once a week and pour it around the sapling in question.

Replacing plants isn’t necessarily a wise idea

At least in the short term. Many folks are deciding to replace traditional lawns with drought-resistant succulents. The problem is that putting in new plants, especially during the hotter months, means you are going to need to water them at least as much as those they are replacing just to get them to thrive.

These are some things to know regarding lawn maintenance during a drought. One other thing: change up your watering schedule to keep plants with different seasonal watering needs thriving.

What’s Jerry Brown signing/vetoing into legislation now?

Mon, 26 Oct 2015 18:39:39 GMT

October 27, 2015

Not all states are created equal—economically speaking, that is. With a Gross State Product of around $2.3 trillion, California is not only the largest economy in the U.S., it is one of the 10 largest economies in the world. That’s a sizeable beast that requires taming, and the man with the whip is Governor Jerry Brown. Having first served as governor of California in 1975, this septuagenarian politician, once nicknamed “ Gov. Moonbeam ” brings over 40 years of political experience to the table.

Despite having his fair share of critics, Gov. Brown has done a better job at running a state that most politicos consider ungovernable, as evidenced by the fact he can actually get budgets passed . And even at 77 years old he hasn’t slowed down, still signing and vetoing policies with the energy of a man half his age. So, here’s a rundown on recent legislation that’s passed across old Moonbeam’s desk.

Prohibition of civilians flying aerial drones

The Governor got his veto pen out for this one. The legislation in question would have made it illegal for average folks to fly aerial drones over designated public and private spaces. It’s hard to argue with his logic on this one, since unmanned drones rarely amount to more than a nuisance, even when they are around firefighters. Add to that the fact there are already laws on the books covering civilian drone flying and it looks like California has avoided adding even more inmates to its already beleaguered penal system.

Racial profiling

On Oct. 3 rd , Gov. Brown signed an anti-racial profiling bill into law. The Black Lives Matter movement has supported such laws since the death of Michael Brown in Ferguson, Missouri, in 2014. This law costs some $9 million annually, and it requires police offers to collect demographic data on those they stop. It’s a victory for the Black Lives Matter movement and its supporters; obviously, it represents a defeat for that movement’s critics.

Elephant ivory

With a stroke of his pen, Gov. Brown signed AB 96 into law. This legislation prohibits the sale of nearly all elephant ivory in the state of California. It is a boon for wildlife supporters and a blow to San Francisco’s Chinatown community.

Assisted suicide

This is the big one. California has been grappling with the issue of physician-assisted suicide since voters rejected a 1992 bill that would have allowed the practice. This bill, which is heavily based on Oregon legislation that was passed into law in 1997, permits physicians to provide lethal prescriptions of drugs to terminally ill patients who have six months or less to live. Naturally the Catholic Church was against the law. This makes it all the more interesting that Brown signed the legislation, since he was a one-time Jesuit seminary student.

What do you think? Is Gov. Moonbeam keeping the state pointed in the right direction? Or is he driving the car right off Highway 1 and into the sea?

GM ignition-switch defect lawsuit reaches $900 million settlement

Sun, 18 Oct 2015 16:14:45 GMT

October 19, 2015

After an investigation by the Justice Department into vehicle defects resulting in more than 120 fatalities, one giant auto manufacturer will pay $900 million to the affected parties. However, General Motors is officially pleading ‘not guilty’ in the case of ignition-switch failures and a purported scheme to cover up the defects.

The U.S. Attorney’s Office is retaining oversight of the case, but if the conglomerate corrects the recall process, the charges will be dismissed from their record in three years. While the original charges included the possibility of prosecuting individual GM employees, that is no longer likely due to the difficulty of assigning blame to someone who was only partially aware of the procedures. However, they government agency has not completely eliminated this option. According to the prosecution, some employees were fired during this process.

Company executives, lawyers and engineers did not address the defect for more than 10 years. In addition, GM confessed that they defrauded customers by advertising the safety of the vehicles despite knowledge to the contrary.

In addition, the auto manufacturer is pursuing a settlement with nearly 1,400 additional victims and has finalized a third settlement in a shareholder lawsuit. Both agreements totaled $575 million in third-quarter losses for a total of more than $2 billion, apart from the expense of repairing 2.6 million recalls. These settlements are in addition to other payments to families of 275 people who were injured and 124 people who were killed. Additional injured and deceased victims are not included in these groups.

The current GM CEO accepted responsibility for the company’s actions and addressed a strategy to correct the defects and move forward with improving the company. Even so, victims in the case expressed their frustration that no one will personally be held accountable for the deaths of their loved ones. The prosecution explained that federal laws do not address the failure to disclose safety defects on vehicles while citing safety concerns for all drivers in the future. A federal report summarizing the findings reached nearly the same conclusions as investigations by the the National Highway Traffic Safety Administration conducted in 2014.

Federal laws place a high priority on consumer safety. If you have been the victim of an accident that was the result of an auto defect, contact our personal injury law firm for seasoned representation.

Source: h ttp://www.usatoday.com/story/...

Qatar royalty flees US after caught street racing his Ferrari

Tue, 13 Oct 2015 16:11:38 GMT

October 14, 2015

It almost seems like something out of a bad action movie, one of those “Fast and Furious” franchises where it’s all about high-octane street racing in exotic locales. Except this incident didn’t come out of a film, and the locale in question was the most famous neighborhood in the world: Beverly Hills. The cars involved were certainly exotic—a yellow, seven-figure Ferrari and a Porsche—and they were caught on video blazing through stop signs and buzzing pedestrians as they hugged the curbs of narrow community side streets. It was an illegal race, to be sure, but who was manning the wheel, and what repercussions does he face?

Fortunate son

The owner of the Ferrari was revealed to be Sheikh Khalid bin Hamad al Thani. If that sounds like a mouthful, consider that it’s the name given to a member of Qatar’s ruling family. Not so surprisingly, the Sheikh has competed in many international street races, and is known internationally as the “patron sheikh” of drag racing. Therefore it didn’t take too long after the incident for police to find said yellow Ferrari parked outside of his home on Walden Drive. When questioned about the speeding, Al Thani pled ignorance, but also mentioned something else—that he had diplomatic immunity.

A question of immunity

Certainly, someone whose name starts with “Sheikh” and is followed by five other words likely draws a lot of water internationally. But immunity? Doesn’t that only work as a time-out if you manage to duck into your embassy while traveling abroad? Regardless, it seems Al Thani’s claim of being protected by diplomatic immunity was false on its face, since the U.S. State Department denied that he enjoyed any such protection.

Man of the neighborhood

To be fair, neighbors of Al Thani maintain that he had always been a decent, “mellow” neighbor whenever he came to stay in town. Until he decided to reenact “Days of Thunder” on narrow streets where children could have been playing, that is. Sure, the kids next door are often great neighbors too—until they teepee your house on Halloween.

What’s next?

Local authorities said they couldn’t find anyone to identify the driver, and the video doesn’t show much, either. So, despite local law enforcement claiming that Beverly Hills applies the law equally regardless of whom one is connected to or how much money he or she has, don’t expect much. The book is likely closed.

In the end, it doesn’t appear that Beverly Hills P.D. is about to send Axel Foley to Qatar to bring back the naughty Sheikh. They don’t seem to want to ruffle international feathers. What do you think? Should we dispatch Vin Diesel and Tyrese Gibson to Qatar to settle the score for America?

Three facts about northern California’s devastating fires

Tue, 06 Oct 2015 16:09:10 GMT

October 7, 2015

A Valley fire in Lake County, California, has destroyed hundreds of homes and businesses and seems to just be getting started. This comes on the heels of dozens of wildfires in the Northern California area, the largest of which has burned some 135,000 acres and threatened entire groves in Sequoia National Forest, according to the U.S. Forest Service . However, the Lake County fire is the least contained and is resulting in ad-hoc evacuations that leave many fearing for their lives. Here are a few things everyone should know about the Northern California fires.

It’s as bad as they say

California Gov. Jerry Brown had already declared a state of emergency on Fri. the 11 th for Amador and Calaveras Counties before doing the same in Napa and Lake County. And for good reason: the Lake County fire is running wild and only 5% contained. It has been moving along two fronts and has so far destroyed 62,000 acres. This is according to Cal Fire (California Department of Forestry and Fire Protection). Officials in the area are calling it the worst fire the area has ever seen. Up to now, some 1,400 firefighters have been deployed to combat the problem.

Small town destruction

In many ways, Northern California’s Middletown is the prototypical rural “small town” that many politicians like to evoke in stump speeches. What commerce there is comes in the form of small businesses, and folks spend their weekends watching high school football games and taking their kids to soccer. That’s why the fire’s destruction of a brand-new elementary school has hit the town particularly hard. The unpredictable nature of this beast—some structures are left standing while those adjacent are reduced to nothing but char—make it all the more frustrating in the wake of all the destruction.

The relief effort

The National Guard has already been called in, but community members are pulling together, too. Evacuation centers have sprung up in the areas hit hardest by the Valley fires, with many folks filling community centers and camping out in their tents and cars. Those whose homes have not burned are joining the relief effort, coordinating donation deliveries and opening their own doors to those in need. It’s inspiring, to be sure, but also disheartening because no one knows how long the evacuees will be forced to stay in the centers. Some volunteers think it may even be months.

Whether the fires were started by man or by lightning strike, one incontrovertible fact remains—devastating wildfires will continue during California’s hotter months so long as the state remains in a drought . It’s only with the onset of water that the flames will abate.

2016 Presidential candidate factsheet

Wed, 16 Sep 2015 16:07:12 GMT

Far too often, Americans simply vote for their favorite party’s presidential candidate or the person who appears to have won all of the final televised debates. While this may seem like a reliable way to vote, it can still fail us since no one candidate ever has all of the best answers. Furthermore, party platforms often have several political “landmines” buried within them – so it’s important to know if programs you consider critical for this country are already on the “chopping block.” It’s also wise to take highly successful third-party candidates seriously since a day may soon appear when one of them will be so well-financed that he or she may actually manage to win or “buy” an election.

If you’re determined to vote responsibly, consider spending at least an hour (or more) of your time carefully reading through your favorite candidate’s party platform (and/or published personal stands on all critical issues) well before ever entering a voting booth. When we each simply vote “our feelings,” we can easily fail to properly evaluate each candidate, thereby crippling our democracy’s future. It’s also wise to check out your favorite candidate’s major opponent – so you’ll know what to expect if your vote fails to be a winning one – and various compromises might be necessary in the future.

Here are a number of useful links and resources for learning more about the current candidates running for U. S. President in 2016. Of course, this list will soon diminish as primaries start coming and going. It will also shrink as candidates lacking any mature impulse control wind up destroying their own chances of being elected. ( Since this list is not intended to be comprehensive, you should still plan on doing additional research on your own ).

Key internet resources for 2016 presidential candidates

The Republican Party Platform
The Democratic Party Platform
Hillary Clinton’s stands on the issues
Donald Trump’s political stance
Jeb Bush’s opinions
Bernie Sander’s views on all major issues
Ben Carson’s political stance
Chris Christie’s views regarding America’s most critical problems
Jeb Bush’s stance
Rick Santorum’s beliefs regarding America’s best future
Carly Fiorina’s 2016 platform
Ted Cruz’s answers for America’s most difficult issues
(You can learn more about all other candidates by using Google or another search engine)

Key issues that define candidates

The economy . This will surely remain critical to every presidential election, especially now that many voters’ incomes are so far apart. Always look for clear-cut suggestions regarding our tax system, the minimum wage, proper handling of the deficit, and other related issues;
Education. We have already reached a point where the poor and disappearing middle classes cannot obtain a good college education due to an absurd increase in tuition and other fees. Find out what suggestions your candidate is making? Are they likely to be turned into legislation?
Immigration . What types of creative solutions – plural – is your favorite candidate offering? Is this person suggesting more than just building big walls or deporting vast numbers of people already here? Is s/he claiming we can instantly reverse any Constitutional amendments? If so, be sure to read up on what happened to the proposed – and failed E. R. A. Amendment ;
Social issues . Can your candidate really think both abstractly and concretely about such topics as Medicare and Social Security? Does s/he have any strong ideas for diminishing the rampant racism that’s still so popular in this country – even if it’s usually hidden publicly? How does your candidate view women’s rights, the current Planned Parenthood debate, abortion, and fully paid pregnancy leave options? Even if these topics seem unimportant to you, the generations now approaching voting age will definitely be confronting them soon;
Foreign policy . Does your candidate have any meaningful experience in this realm? If you’ll review what’s happened during the last four or five presidential administrations, you’ll probably notice that the lack of first-hand experience in this arena can prove disastrous for American interests. When a candidate hasn’t served in the U. S. Congress – or in any elected office – s/he is almost always going to make serious errors. A huge ego is never a good substitute for experience in foreign policy. Furthermore, we need strong leadership as we decide how best to interact with groups like ISIS and others that are sure to develop in the future;
Equality . Does your candidate truly see himself/herself as one among equals in terms of America’s basic democratic principles? Does s/he even believe that all people are born with innate equal value – and deserve equal rights? Now that money alone can make you eligible to run for president in America, are we going to allow thinly disguised (and delusional) elitism to weaken our government? Politicians who clearly view themselves as superior to the masses are almost never able to provide meaningful leadership in office.

Additional links and resources for 2016 Voters

The Presidential Primary ;
America’s electoral college
Learning from our past elected presidents (government link); History.com
The Library of Congress website;
Ben’s Guide . This provides a great way to explain the election process and how our government is supposed to work to all young children;
Six more great links to help you track the 2016 election as it unfolds,

Should the 2016 presidential election prove highly exceptional, we may even elect a candidate confident and capable enough to honor the Golden Rule while in office: “Do unto others as you would have them do unto you.”

Elizabeth Smith, J.D., M.A. is a freelance writer and graduate of both the University of Texas Law School and Fuller Seminary

Featured image courtesy of Politico

Electric car rebates: Growth plan or handouts for the rich?

Tue, 08 Sep 2015 14:43:01 GMT

Environmental concerns are making their way more and more into U.S. public consciousness. And few states are feeling the need for major environmental change more than California. After all, this is a state that is in the middle of a historic and debilitating drought . On the automotive front, the most practical of the current options to reduce carbon emissions is to promote electric vehicles.

To jumpstart this process and raise awareness, California began offering a rebate program in 2010 to buyers of electric vehicles manufactured by such companies as Nissan and Tesla Motors. However, state regulators have now restricted the rebates to households earning less than $500,000 per year. Here’s what you need to know about the decision.

The figures

The Clean Vehicle Rebate Program, which is overseen by the California Air Resources Board, has so far given 242 million in rebates to over 100,000 folks who purchased hybrid or electric vehicles. This money comes from portions of the California smog fee and vehicle registration fees.

But although the cash comes from all California motorists, the subsidies seemed mostly to benefit the wealthy. A study from the Center for Sustainable Energy, showed that up until last May 6% of rebate recipients earned $500,000 a year or more. Some 28% earned between $200,000 and $499,000, and 43% earned between $100,000 and $199,999.

The fallout

What got the rebate so much attention was that most of the subsidies were going to folks who by any definition are wealthy (California’s average household income is $60,000.). Bob Huff, a Republican legislator from San Dimas, argued against diverting money from lower-income families to benefit wealthy drivers. Even staunch supporters of the rebate program, like Michelle Kinman, who works for Environment California, admits that the higher-end earners would have purchased their electric vehicle regardless of the rebate. With so much agreement on both sides, it only made sense to set an income cap on rebates.

The future

Despite setting the cap at $500,000 per household, many think it should be lower. A coalition of state environmentalists argued for a $400,000 cap, but the 12 members of the California Air Resources Board voted against it. The trickiest part of the issue is, obviously, cost. With a Tesla-model electric vehicle retailing for around $75,000, higher earners are naturally the target consumer base. But advocates for the rebates maintain that as time passes and the cost of these vehicles goes down, the rebates will be distributed much more equitably.

What do you think: should taxpayers foot the bill for electric vehicle subsidies, or should the auto companies be forced to subsidize themselves?

Even Donald Trump has had financial failures

Tue, 11 Aug 2015 14:34:46 GMT

As a top Republican candidate in the polls for president, Donald Trump is back in the news on a daily basis. To be sure, Mr. Trump has seen his fair share of success, or he wouldn’t be where he is today. The now-famous Trump Tower has been a landmark in New York City since 1980 with much-sought-after real estate. And most Americans are familiar with his television show, “The Apprentice,” where he served as both executive producer and host. Additional successful ventures include the Grand Hyatt Hotel, Wollman Rink, Trump Place, 40 Wall Street and Trump International Tower Chicago.

However, Mr. Trump has experienced losses and bankruptcies that might permanently devastate a lesser person. In the department of fascinating but little known facts about him, he had his own vodka line with the slogan “Success Distilled.” Five years later, the company disbanded. Additional losses include a board game similar to Monopoly called Trump: The Game and his own brand of steaks. Other lesser-known, failed ventures include Trump University, Trump Mortgage and a luxury travel site called GoTrump.com that only lasted a year.

In addition, Mr. Trump has had several more highly publicized failures, including the bankruptcy of Trump Airlines. He took over a successful shuttle service, upgraded the planes to luxury status and defaulted on loans within five years. In 2014, Trump Casinos in Atlantic City submitted bankruptcy for the fourth time. However, he claims that he doesn’t have anything to do with the company although he owned more than one-fourth of their stock. Finally, Trump Magazine, started in 2007, attempted to attract wealthy readers, but the publication ended just 18 months after its launch.

While few individuals deal with the amount of money that Mr. Trump possesses, financial woes are a serious reality for many. According to the federal government, over 880,000 people filed for bankruptcy in the fiscal year ending March 31, 2015. If you are struggling to pay your bills, talk to our bankruptcy attorney to see how we can help.

How Law Students Can Help Solve America’s Pro Bono Crisis

Wed, 05 Aug 2015 14:29:34 GMT

August 6, 2015

Now that it’s become so much harder for civil law attorneys to find and keep new clients, a large percentage of them no longer believe they can afford to help many pro bono clients . While their financial concerns may be legitimate, the fact remains that far too many poor Americans are now being forced to handle both urgent and complex legal matters on their own in court.

According to Maria Smith, supervising attorney of the Legal Society of Cleveland, clinics like hers “just don’t have the resources to represent most people facing eviction, or other critical legal problems.” In fact, Ms. Smith told a reporter for The American Lawyer that her “nonprofit is still depleted from [funding] cuts made during the recession, down to 40 lawyers from 55. Last year it had to turn away 57 percent of the more than 17,000 legal matters of all kinds that people brought to them.” (See: The Justice Gap: How Big Law is Failing Legal Aid .”)

How are most legal aid or legal clinics funded?

At present, “the largest element of the civil legal aid system is comprised of the 134 programs funded and monitored by the LSC (Legal Services Corporation).” However, while LSC remains “the largest single funder . . . far more [money] comes from states, [other public funds] and IOLTA (Interest on Lawyers Trust Accounts) programs than LSC .” ( See the excellent legal aid funding graph published with “ The Justice Gap ” article ).

Unfortunately, since many Washingtonians still view increased funding for legal services as a controversial matter, they frequently oppose the ongoing requests for additional funds being sought by President Barack Obama’s administration.

Are there any new possible solutions to the pro bono crisis on the horizon?

Perhaps the best possible solution might be for all 50 states to begin requiring every law student to complete a set number of pro bono hours of closely supervised legal representation of poorer Americans. After all, most students view taking part in clinical programs that let them help “real clients” to be the highlight of their legal training years. It can prove very meaningful to help poor, elderly or disabled people avoid being evicted, especially when no one else will help them.

Fortunately, most law schools now offer a wide variety of clinical programs to their students in both civil and criminal law . This “practical” legal experience may even help students pass their bar exams, while also introducing them to basic courtroom practices and procedures.

Which states are leading the way in creating pro bono requirements for law students?

At present, only the state of New York has now mandated this type of requirement . The specific aspects of the program are set forth on a New York state court of appeals website . Quick to discern a wise move, California is now actively creating a similar requirement for its law students. However, the Golden State may give law students added time to complete their pro bono hours after they’ve actually been admitted to the bar.

Hopefully, the law schools, courts, and legislatures of all 50 states will quickly follow suit so that poorer citizens will soon have the added legal resources they critically need.

What types of legal matters often require urgent interventions?

Many of us who can easily hire an attorney often forget that sudden domestic violence, landlord/housing, and other legal problems can quickly spiral out of control if not addressed in a timely fashion. In fact, some of these issues can even threaten a family’s ability to keep a roof over their heads and food on the table. Unexpected job layoffs and high medical bills also often challenge the poor – forcing them to seek advice on how to handle harassing creditors or file for personal bankruptcy.

Although free juvenile and adult criminal defense resources are a bit easier to come by at certain court levels due to specifically granted constitutional rights, these individuals can often benefit from additional pro bono advice while moving through the justice system. Properly trained and supervised law students can play a major role in easing the legal burdens of our nation’s poor.

Every state needs to act now to help solve America’s pro bono crisis

Now that two states have created slightly different programs to empower their law students to begin playing a major role in addressing low-income legal needs, all of the remaining states owe it to their citizens to begin providing similar services.

Should the American Bar Association decide against taking the lead in this matter, each state bar association should immediately start reviewing the New York and California pro bono law student programs so their citizens can soon receive the free legal services they both need and deserve. As the pro bono director of the Public Law Center in Santa Ana, California has noted, “The need [for additional free legal help] is endless .”

By Elizabeth Smith, graduate of both the University of Texas Law School and Fuller Seminary

The future of mandatory vaccinations in California

Tue, 21 Jul 2015 14:12:48 GMT

The war between the medical community and the anti-vaxxers probably won’t abate anytime soon. Leading up to the 4 th of July weekend, when most Americans are traditionally preparing BBQs and fireworks, many Californians protested in cities across the state. That’s because on June 30 th , 2015, Gov. Jerry Brown signed a bill into law that effectively mandates vaccinations against diseases—including measles, mumps, and whopping cough—for all school-age children. This is in direct response to the low vaccination rates in many communities throughout California.

Needless to say, this bill was one of the more high-profile measures the California legislature took up this year. Here are the basics.

The law

Pediatrician and state senator Richard Pan sponsored the bill that Gov. Brown signed into law. Before it was signed, parents could legally avoid vaccinating their children via “personal belief exemptions,” and indeed in 2014 some 13,000 of these exemptions were filed. This law does away with the exemptions, although children with confirmed allergies and other medical conditions are still exempt. Now, by law, those parents who refuse these mandatory vaccinations will be forced to remove their children from school, opting instead for home study or independent public learning programs.

The causes

The bill wasn’t written in a vacuum. California has recently been ground zero for some headline-grabbing measles scares, most notably the 2014 outbreak at Disneyland , which was attributed to unvaccinated children. Health experts are in agreement that this resurgence indicates a trend, one that can put unvaccinated children at risk. Take for example seven-year-old Rhett Krawitt, who became the literal poster boy for supporters of the mandatory vaccine law. A cancer sufferer who could not be vaccinated for health reasons, Rhett testified at a state senate hearing that “vaccines save lives.”

The response

Obviously, this is a sweeping victory for the pro-vaccination crowd. But if the protestors are any indication , opponents will not go quietly into that good night. For example, an organization called Voice for Choice has already raised $350,000 to fight the law. And those who are focused on repeal claim they have grounds because it violates their children’s right to a public education.

So what do you think? Is this a battle between medical pragmatists and dangerously obstinate parents, or is this an issue of noble crusaders protesting overreach by a tyrannical state government?

To Open or Not to Open: Malibu’s Most Exclusive Beaches

Wed, 15 Jul 2015 14:09:38 GMT

Travel along California’s lengthy Highway 1, and you’ll be treated to some of the most stunning coastline in the country. Indeed, there are innumerable state beaches, from San Diego to Crescent City, where weary road trippers can abscond when the miles begin to take their toll. But try strolling down to those little stretches of sand fronting multi-million-dollar homes in Malibu and you’ll likely get run off like a two-bit horse thief. Case in point: entertainment mogul and longtime Malibu resident David Geffen has gotten pretty creative at preventing regular folks from enjoying the sand near his home.

Yes, for years it has been a war between Malibu’s fabulously wealthy landowners and the sun-seeking hoi polloi. It was a battle between the California Costal Commission and property owners that seemed destined to rage forever—until a 2015 ruling opened up previously exclusive Carbon Beach to the masses. Here’s everything you need to know about how the former “Billionaires’ Beach” now has public access.

The ground rules

The Coastal Commission has firm rules in place regarding coastal access, and these are codified in California law. Basically, the public has a right to all beaches and trails leading to those beaches, so long as they don’t move above the high-tide line, which is regarded as the end of any beachfront property.

Give and take

The Coastal Commission doesn’t wield its power with an iron fist. In fact, the rule of thumb has always been negotiation over all else. Residents that want to add a pool or a tennis court to their existing property, for example, are often granted permits in exchange for allowing public access to the beach through their property. This was at the root of the Carbon Beach issue.

The Ackerberg situation

Lisette Ackerberg, a resident of Carbon Beach, was issued a development permit as far back as the 1980s, and only in 2015 did she uphold her end of the bargain and allow public coastal access through her property. And this is only after she was forced to do so by coastal regulators.

From a legal standpoint, the trend favors public access to beaches. But Malibu residents have been pretty adept at circumventing legal decisions and preventing beach access for years and even decades. What do you think—is it okay that Californians have a fundamental right to enjoy all beaches, provided they don’t encroach on high-tide property lines? Or are the cranky homeowners in the right when they yell at the unwashed masses to “get off my lawn!”

Ben Affleck and Jennifer Garner to divorce

Tue, 07 Jul 2015 14:04:57 GMT

July 8, 2015

After a decade of what appeared to be wedded bliss, movie stars Ben Affleck and Jennifer Garner revealed plans to end their marriage . On June 30, 2015, the couple gave a joint statement regarding their hard decision, and emphasized that they plan to continue to co-parent their children, ages 3, 6 and 10. They asked for respect and privacy during this challenging time and stated they will maintain their friendship .

Media reports were that the couple had been separated for a few months. Garner reportedly planned to pursue her acting career as a source confirmed that she had placed her acting on hold in order to focus on her family and her relationship with Affleck.

Another source indicated that the couple had been struggling for some time. The announcement of their divorce just served to solidify the rumors. A third source agreed that the pair was breaking up and expressed their sadness at the end of the marriage, especially when considering their children. Further reports indicated that the couple plans to seek mediation to resolve pending matters in the relationship.

Affleck had previously spoken of how Garner brought stability to him after he broke up with Jennifer Lopez in 2004. He admitted that she supported him as he moved forward in Hollywood with additional acting and directing projects. Garner was just as vocal in her appreciation of Affleck and what he brought to her life. The couple met while they worked together on the movie “Daredevil,” released in 2003.

Paparazzi photographed them at a Los Angeles farmer’s market on June 14 with their children. Affleck posted on social media on June 27 while Garner was seen at a children’s hospital on June 26 as she prepared for an upcoming movie.

Even if you do not have a high-profile marriage or numerous assets to split, you can benefit from the resources and the expertise of a divorce lawyer. A family attorney offers numerous services, including establishing parenting schedules and working out alimony payments. Contact us for assistance with your family law matter.

Dickinson v. Cosby: Defamation Case Tied to Alleged Crime of Rape

Thu, 25 Jun 2015 13:48:23 GMT

Although this case may appear to be a straightforward defamation lawsuit, it’s based upon a very unique background. The surface facts of Dickinson v. Cosby involve celebrity model Janice Dickinson accusing actor/comedian Bill Cosby of defaming her after she claimed he raped her back in 1982. In her pleadings, Ms. Dickinson describes herself as “an internationally known fashion model, photographer and author, often called ‘the world’s first supermodel .’” She also notes that she’s frequently active in various media projects.

The Bill Cosby she is suing is the actor/comedian still remembered for his acting roles on TV’s “I Spy” and “The Cosby Show” who still performs in public.

Background Facts and Accusations Leading Up to This Case

According to ABC News, comedian Hannibal Burgess performed a comedy routine in Philadelphia in October 2014 that referenced Bill Cosby as “a rapist.” Since that time, audio/video clips from that routine, often including various bits of commentary, have been viewed numerous times on the Internet.

Those fairly new to the Dickinson lawsuit have recently been trying to learn more about Temple University employee Andrea Constand’s civil lawsuit against Bill Cosby for drugging and raping her back in 2004. The attorneys in that case had 13 witnesses ready to testify about alleged similar claims. Still others are reading about the accusations of Joan Tarshis , now in her late 60s, who alleges that Cosby abused her back in 1969.

Perhaps the main reason this lawsuit has been filed is due to the defendant’s response to the plaintiff’s December 2014 CNN interview in which she strongly accused Mr. Cosby of raping her back in 1982 . Shortly thereafter, ETOnline states that Cosby’s lawyer refuted Ms. Dickinson’s claims by saying “Janice Dickinson’s story accusing Bill Cosby of rape is a lie .”

Defamation is a Tort. What Must the Plaintiff Claim to Win?

According to the Legal Information Institute, “Defamation is a statement that injures a third party’s reputation .” This reputable source further indicates that in order to win a defamation lawsuit, the plaintiff must prove four things:

“(1) A false statement purporting to be fact; (2) publication or communication of that statement to a third person; (3) fault; and (4) damages, or some harm caused to the person or entity who is the subject of the statement .”

Ms. Dickinson’s lawyers should be able to easily prove that the comment made by Mr. Cosby’s attorney claiming her accusations were “a lie” was widely disseminated throughout the media “to third persons” in late 2014. Likewise, the plaintiff’s ongoing activities in the media (referenced in her complaint ) should help prove that being branded a “liar” in the press might cause her serious future difficulties (“damages”) when trying to negotiate new contracts and projects.

Since Ms. Dickinson is generally viewed as a “public figure,” the New York Times v. Sullivan standard requiring proof of some form of actual “malice” will likely apply. Proving this point may require strong advocacy by her lawyer. Hopefully, Ms. Dickinson’s stated desire for a jury trial will become a reality since this case involves extensive (alleged) ties to rape – a serious societal concern that many fail to ever address appropriately.

Mr. Cosby Must Step Forward with the Integrity He Expects of Others

Although many people in Hollywood started distancing themselves from Mr. Cosby after this scandal was reignited in late 2014, he still has many long-term fans who will be closely watching his every move. They are expecting a sincere openness and transparency as he seeks to defend himself. Surely he’ll work hard to rescue his reputation or “legacy” that some think can no longer be saved.

Early indications are mixed since the media recently reported that Mr. Cosby’s lawyer has already moved to block the release of past documents which might provide critical insights into his claimed innocence. Furthermore, Bruce Castor’s comments to CNN are very troubling. He was the prosecutor in the Andrea Constand sexual assault case that Mr. Cosby chose to settle back in 2006. According to a November 2014 article , Castor “told CNN that he believed Cosby . . . lied to authorities ” about what happened in the Constand case.

What the Public Deserves vs. What They May Actually Receive

Given the fact that fewer than half of all criminals guilty of “forcible rape” are ever caught, arrested or charged for the crime, all women who make claims of rape deserve our respect, even when their pain and humiliation causes delays in their reports. Hopefully, Mr. Cosby and those defending him will bear that reality in mind as they come forward with proof to refute the current claims against him – both those regarding defamation and those pertaining to the underlying accusations of rape.

America’s past decade has been painfully riddled with famous people claiming innocence regarding numerous crimes or gross improprieties – perhaps either due to some type of narcissism or denial — only to wind up letting the public down.

Maybe this case will prove different – and Mr. Cosby will respectfully address the seriousness of all that’s being alleged. The unvarnished truth can prove very powerful. Surely Mr. Cosby’s remaining fans deserve a ready openness that will make it clear that he’s not the tragic figure depicted in Vanity Fair’s article back in February of 2015 .

By Elizabeth Smith, freelance writer and graduate of the University of Texas Law School.

Toilet to Tap: Proposed plan to beat California’s drought

Tue, 16 Jun 2015 13:11:54 GMT

California’s record drought is so severe that Gov. Jerry Brown declared a state of emergency in January, and now halfway through the year the problem won’t abate. The situation is dire. And while such activities as drought shaming make for enjoyable spectator sports, they do little to solve the actual problem.

Californians were hoping for a little respite in the form of the rainstorms that flooded Texas in May, but no such luck. So with no water from the heavens, it’s back to the drawing board to try and jerry-rig a man-made solution. The idea of the moment: direct potable reuse, or, as it is more commonly known, turning sewage into drinking water . Here’s everything you need to know about the process, including its benefits. (Yes, there are some.)

How direct potable reuse works

This is not a new technology. In fact, nonpotable reuse—the process of treating sewage for crop irrigation or maintaining parks—has been in use for a while. Through a three-step filtration process, it’s possible to purify wastewater taken from treatment plants. The result, advocates say, is H20 that is more pure than many bottled waters. But it’s doubtful the positive results will satisfy those with weak stomachs.

The benefits

While “toilet to tap” (a term coined by opponents of the plan), may not have the same ring to it as “farm to table,” its proponents in California and elsewhere are serious about its benefits. The biggest drawback to the method, of course, is what’s called the “yuck factor.” Regular folks simply can’t wrap their minds around drinking water that comes from sewage, and who can blame them? However, this process was implemented to successful effect in parched Namibia and in certain drought-prone Texas cities like Wichita Falls.

The likelihood of potable reuse as a drought solution in California

This current drought season isn’t the first time the idea of potable reuse has come up in California. People were proposing it as early as 1994, and the idea was torpedoed for the obvious reason: people thought it was too gross. Those who are still sickened by the thought needn’t worry—there are plenty of opponents today as there were in the ‘90s, so any implementation faces a huge uphill battle.

In the end, what’s obvious is that direct potable reuse is more than just a yucky idea dreamt up by a fetishist; it has proven benefits. That begs the question that if California can work up a solution to purifying what’s in the toilet via a complex filtration process, what, exactly, is stopping its 11 desalination plants from effectively purifying seawater?

How LA’s new minimum wage will affect restaurants

Mon, 08 Jun 2015 13:07:04 GMT

June 9, 2015

With the national conversation focusing on such prickly topics as wealth inequality, it wasn’t long before legislators started seriously considered upping the minimum wage. Since 2009, the federal minimum has been set at $7.25, and no one who lives in any major U.S. metropolis regards this as a livable wage. Dealing with this reality, the central question became not just to up the minimum, but to how much. This decision fell to the cities, and Seattle led the charge with their plan to raise the minimum to $15 an hour over time. (In April they made the first adjustment, to $11 an hour.)

Cut to California. In late April, Los Angeles’ city council passed a measure to up the minimum to $15 by 2020, and they’ve tied this wage to inflation. This means many things to many business sectors, but for now let’s focus on one vital industry: the restaurant business. Los Angeles has one of the richest dining scenes in the country, offering everything from high-end eateries to street food stalls. Here are three factors that should be impacted by the wage increase.

Food costs

Not so surprisingly, many in the southland are looking north to see what the practical impact on the restaurant industry is. One thing is clear: there has been a fundamental shift in how restaurants offset the minimum wage hike. Employers in Seattle are making dramatic changes, and an increase in menu prices now seems to be the norm. Los Angeles can expect to see restaurants charging more for plates of food, too. How eager employers are to tweaking their price margins depends on how much they support the wage hike.

Staff/hours

As Seattle has proved, hours are going to be cut in the L.A. restaurant industry. It isn’t just staff schedules in question, either; business hours will be affected as well. Look for many employers to trim workers hours as well as to open later and close earlier. Having said that, the cry from far-right conservatives that the Seattle hike is decimating local eateries is a falsehood . Hours may be cut, to be sure, but don’t count on the wage increase directly putting anyone out of business. The restaurant industry in places like Seattle and Los Angeles will always be competitive.

Tipping

The pages of major L.A. papers are now filled with columnists criticizing the act of tipping. Getting rid of tipping altogether, as some suggest, seems an untenable and draconian solution, since tipping is so embedded in the American culture. However, restaurateurs faced with a dramatic rise in the minimum wage have found creative compromises. For example, many are including the gratuity in the bill and listing it as a “service” charge. Some employers are even spreading this charge around so the kitchen staff as well as the wait staff gets a kickback.

Only those who viewed the raising of the minimum wage through the rosiest of rose-colored glasses ever thought it would come off without a hitch. What Seattle serves to illustrate to Angelinos, though, is that arriving at livable wages for fair work will be a protracted process that will require flexibility and compromises on both sides.

Protecting California children from school bus crashes

Sun, 24 May 2015 12:57:57 GMT

May 25, 2015

While most adults only attended school between September and May while growing up, many kids today take summer school classes to get ahead — or attend districts providing year-round programs. This means that school buses are transporting students year round in many parts of the country. While most bus drivers are conscientious, far too many still fall short and keep endangering children’s lives.

Here’s a brief look at some recent school bus accidents, statistics telling us more about these events – and a list of suggestions for keeping your children safe while riding as passengers.

Tragic school bus accidents in California and across the nation

Earlier this year, a Northern California school bus accident briefly trapped six students on board. Last year, one teen sadly lost her twin in a chartered bus that was taking “dozens of Southern California high school students ” to visit a college some hoped to later attend. A total of ten (10) people died in that last crash involving a Fed Ex big rig.

Just recently, a New York driver crashed a school bus with 35 kids aboard into a utility pole. What was the apparent cause of this side-swiping accident? “Troopers determined that [Mary] Coletti was operating the bus in an intoxicated condition — a subsequent breath test determined her blood-alcohol content to be 0.13% .” In the state of Kentucky, a small child was recently dragged by a school bus down a street after her backpack got caught in the door while she tried to exit.

Since California made seatbelts mandatory for children riding school busses long ago, some concerned parents are wondering what else can be done to protect their kids? Here are some recent statistics that shed a bit more light on these dangerous crashes.

Analyzing the statistics

Between 2003 and 2012, one hundred and seventy-four “(174) school-age children died in school transportation- related crashes .” Of that number, fifty-five “(55) were occupants of school transportation vehicles and 119 were pedestrians ;”
Each year, “eight (8) school-age pedestrians are killed by school transportation vehicles .” Another four die due to other vehicles involved in the school-bus related accidents;
Between 2003 and 2012, “there were 89 crashes in which at least one occupant of a school transportation vehicle died. More than half of those (58%) involved at least one other vehicle ;
As might be expected, the vast majority of the school buses accidents take place between 7 a.m. and 9 a.m. in the morning and 3 p.m. and 4 p.m. in the afternoon;
When school bus fatalities occur, the bus is often hit in the front. Stated differently, “impacts to the front of school transportation vehicles occurred in 49 percent of fatal school-transportation- related crashes ;”
Oddly enough, in terms of other routine accidents, most children struck by school buses [are] hit not when the buses [are] turning or making other odd maneuvers but when they [are] “ going straight .”

How to improve your child’s safety

Strict hiring practices /refresher training. Make sure your child’s school district conducts thorough background checks on all driver applicants — and requires frequent refresher training courses for those who are hired;
Regular bus and tire maintenance checks. Always be sure the school bus company conducts regular safety checks;
Seatbelts and handrails . Remind your children to use these during every ride. Handrails can protect them from falling when others may be shoving their way onto or off the bus. Seatbelts can often prevent major injuries during accidents;
Behavior on the bus . Every child must visit quietly with others on the bus and never try to “bully” or upset other kids or the driver. They should also never push or shove others — or throw any objects at one another. Be sure to regularly review these bus riding guidelines with your kids;
Consider authorizing school bus drivers to issue negative behavior reports. Parents need to know if their kids are misbehaving so they can be properly punished;
Carefully warn your children how to walk around a bus that has stopped. They need to understand that they’ll often be walking in “blind spots” of the bus driver – and others passing by. Tell your kids to only cross at street corners or where a school crossing guard indicates. Jaywalking must never be allowed – too many children are killed doing this;
Install and maintain video monitors on each school bus. These can help keep track of everyone’s behavior – including that of the driver. Be sure the bus company or school reviews these tapes daily.

Elizabeth Smith is a freelance writer and graduate of the University of Texas Law School

Boston PD has paid out $36 million in 10 years to victims

Tue, 19 May 2015 12:49:40 GMT

May 20, 2015

With charges of police brutality and racial profiling against minorities by law enforcement officers at the forefront of the news, the Boston Police Department has forked over more than $36 million in the past 10 years in court awards and out-of-court agreements in personal injury cases including civil rights violations and property damage. The city released the information on May 15, 2015, which indicated that $10.4 million in claims were paid in out-of-court settlements while about $25.6 million was awarded in court cases.

Mayor Martin J. Walsh explained that nearly all of the cases happened prior to when he took office. Even so, the city is investigating any cases that were settled and the reasons behind these resolutions. He admitted that out-of-court settlements are sometimes necessary and can offer a better option than dragging a case through what can be a long and drawn-out process in the court system.

City documents revealed that the largest settlement was in the case of an Emerson College co-ed. Victoria Snelgrove was killed during the 2004 celebration of the Red Sox victory, and her family received $5 million. Two other individuals, who were also present at the same victory celebration, suffered injuries and were given $325,000 and $250,000, respectively. The family of David Woodman, who was killed during the celebration of the 2009 Celtics basketball win, was awarded $3 million. DNA resulted in the exoneration of Anthony Powell after a wrongful conviction involving rape in 1992. He won $3.25 million in a civil lawsuit.

The Boston Herald asked for the information due to the media attention on the racial tension between the police and local citizens. The names of Freddy Gray, Michael Brown and Eric Garner have been plastered across the news with the circumstances surrounding the deaths of each man hotly contested by many.

During any type of personal injury lawsuit , including police brutality, you might wonder if you should settle out of court or litigate the case. Our personal injury attorney can provide you with additional counsel and review your options with you.

Baltimore’s future following Freddie Gray riots

Thu, 14 May 2015 12:46:15 GMT

May 15, 2015

The death of Freddie Gray, 25, while in police custody touched off the Baltimore riots that held the nation’s attention for over a week. In the wake of rioting and mass protests, the city imposed a six-day curfew, during which time 486 people were arrested.

Now that the fires are out and the curfew has been lifted, many have written off the event as a spasm of urban unrest and are moving on. But to the residents of Baltimore, the effects linger front and center in everyone’s minds. While workers and good Samaritans clear debris, unshutter storefronts and reopen Mondawmin Mall, one fact remains painfully clear: it’s not over. Not by a long shot.

Here is what residents will endure for the foreseeable future.

The neighborhood

Freddie Gray called West Baltimore home, as do the residents of neighborhoods like Sandtown-Winchester/Harlem Park, 97% of whom are black. According to progressive think tank the Justice Policy Institute, the violent crime rate is 23 per 1,000 residents, which is six times the national average.

More sobering is the 52% unemployment rate and the fact that only 25% of adults over 25 have a high-school diploma. To those of us on the outside, these are merely statistics. But those in Baltimore have to live it every day, and they will continue to do so long after the riots are supplanted in the minds of Middle Americans by the next trend in the 24-hour news cycle.

The police

Before creating the critically acclaimed HBO series “The Wire,” David Simon was a crime reporter in Baltimore for over a decade. In an interview with The Marshall Project , he describes a law-enforcement culture that for years disregarded probable cause, meting out “rough rides” and administering beatings almost indiscriminately.

This is at least partially evident in the nearly $5.7 million the city has paid out in settlements since 2011 to victims of abuse at the hands of police. And while only the officers and Freddie Gray know what happened in the back of that police van, the fact that the latter isn’t alive to tell his side of the story supports the theory that, where it concerns the Baltimore Police Department, the more things change, the more they stay the same.

The accused

State’s Attorney Marilyn J. Mosby filed charges against Gray’s six arresting officers less than two weeks after the incident. Community members praised the move while the police union denounced it as a rush to judgment. The side of law enforcement may very well be right—but not for the reasons they think.

Many legal experts acknowledge just how difficult it is to win a conviction against a police officer. Legally, they are not held to the same standards as, say, a plumber or carpenter or businessperson. It’s for these reasons charges are rarely filed against police officers after fatal encounters with suspects, and even rarer that a jury will convict them. So, rather than a moral victory, the charging of these officers could very well end up being a preamble to more pain, heartbreak and anger.

Bankrupt Former NFL Players

Tue, 12 May 2015 12:43:13 GMT

May 13, 2015

While professional athletes such as NFL players might demonstrate their talents on the field, many struggle with even basic money-management skills. They have focused on improving prowess in their sport of choice and as a result, have little understanding of basic finances. Often times they poured money into family and friends during their heyday when it seemed the money would never end, only to get bit when it inevitably did. Warren Sapp and Vince Young are just two examples of players whose names were recently splashed across the headlines when they filed bankruptcy.

Sports Illustrated released data in 2009 that provided an estimate of how many NFL players face financial issues or even bankruptcy within two years of retirement. A staggering 78 percent of these professionals are struggling with joblessness or the breakup of their marriage.

However, the National Bureau of Economic Research released new data in April 2015 that challenges that figure, claiming instead that less than 2 percent of former football professionals filed bankruptcy within two years of retirement . The study used all 2,016 players who were drafted from 1996 to 2003. Twelve years after leaving the field, less than 16 percent, or about one in six, filed for bankruptcy.

The difference in the numbers was due to the inclusion of divorced and unemployed former NFL professionals in the statistics. Even if a player was doing well financially, they were lumped into the group. The NBER study, on the other hand, only counted Chapter 7 bankruptcies . In addition, the data only considers draft picks, which eliminated about 30 percent of all players in the league. If those individuals were added into the total, the percentage of bankruptcies would likely increase.

Even so, the more recent data shows that NFL players probably do file bankruptcy more frequently than other people in the same age range. In addition, a person who hasn’t filed Chapter 7 could still end up destitute, especially if they have little debt. Another consideration is that many former players invest in business or take other significant financial risks, with about half of these men suffering a serious loss as a result.

Various setbacks can lead a person to financial struggles, resulting in the need to file bankruptcy. Our bankruptcy attorney can review your case and provide counsel on your options.

Three Ways to Avoid Monthly Bank Fees

Tue, 05 May 2015 22:07:31 GMT

According to the Los Angeles Times , L.A. attorneys have filed suit against California’s largest bank, Wells Fargo, alleging unlawful and fraudulent conduct regarding bank fees. To any person with a checking account that’s living paycheck to paycheck, the reality of dubious fees and hidden charges likely comes as no great surprise. But the problem is systemic and, sadly, only getting worse. In order to ensure bank customers’ pockets aren’t picked, they need to be on the lookout for all manner of chicanery. In the immediate, here are three things anyone can do to mitigate excess bank fees.

Eschew overdraft protection

At its inception, financial institutions created overdraft protection as a courtesy to protect against overdrawing a checking account. And that’s still how banks sell the service. However, since 2010, bank fees and insufficient fund charges have been going up, not down. And according to a report by the Consumer Financial Protection Bureau, involuntary account closures were 2.5 times more common with customers who signed up for debit and credit overdraft coverage. All evidence now suggests this service is more of a liability than a benefit, and the option should be taken off the table entirely. The financial pinch of not having account flexibility may be felt in the immediate for many low-income customers, but it prevents excess interest and fees over a protracted period of time.

Maintain a minimum balance

Easier said than done, right? But this is vital, especially for those who take the above step to heart and forgo overdraft protection. Also, most banks are (refreshingly) transparent about a common policy: maintaining a minimum balance in a checking account eliminates monthly charges. Linking a direct deposit to a checking account is another great way to avoid fees.

Change institutions

Losing money annually on excess fees can make folks lose faith in the traditional banking system altogether. Some financial experts are touting the benefits of shutting down that checking account and going full-cyber. And while there are obvious benefits to sites like PayPal, they, too, have had negative press regarding hidden fees . And nothing in the myriad negative Yelp reviews suggests Bank of the Internet is going to save the day anytime soon. The only sensible option, it seems, for those who can’t take their bank’s shenanigans anymore, is to make the switch and discover the benefits of a credit union .

When looking closely at what the standard checking account is, it’s not difficult to see how we arrived here. Checking accounts were always a loss leader for financial institutions, and management used them as a springboard to push for bigger moneymakers like loans and mortgages. After the mortgage bubble burst in 2008, banks had to make up the difference elsewhere. Here’s hoping consumer advocacy groups and emboldened attorneys continue fighting the good fight to keep banks from becoming the financial predators they always promised they weren’t.

Legal marijuana in Colorado challenged by neighboring states

Mon, 27 Apr 2015 22:04:57 GMT

April 28, 2015

Two states neighboring Colorado have filed a joint lawsuit against the state in an effort to invalidate the laws governing the legalization of marijuana.

The two states, Oklahoma and Nebraska, hope to defeat the licensing of recreational marijuana retailers in the state of Colorado with this lawsuit.

According to the lawsuit, Oklahoma and Nebraska claim that there has been a flood of marijuana into their states. The states claim that the flood of marijuana has led to law enforcement agencies being thinned out and threats to their sovereignty.

In a brief filed against the lawsuit by Colorado Attorney General Cynthia Coffman, it was argued that the marijuana black market would strengthen if the lawsuit is allowed to continue.

Coffman wrote in the brief that the marijuana retail stores in Colorado have been licensed in an effort to move marijuana away from the black market. She also argued that if the laws were defeated, marijuana would be legal, but there would be no laws in place to regulate the supply of the drug.

Coffman is not the only author listed on the brief. She is joined by the state’s solicitor general and four other lawyers from the Attorney General’s office.

The lawsuit filed by Oklahoma and Nebraska was done so directly with the United States Supreme Court . The reason for filing directly with the Supreme Court is that it involves a dispute between two or more states in the union.

The Supreme Court has yet to decide if it will take up the case, which is required prior to a hearing being scheduled, and there is no timetable on when a decision will be made.

The lawsuit does not challenge the overall legalization of marijuana in Colorado. Instead, Oklahoma and Nebraska claim that the licensing of retail stores has created a gap in the federal government’s system of drug control.

The lawsuit argues that the flow of marijuana into Oklahoma and Nebraska undermine the bans on the drug in those states and causes extra stress on the criminal justice systems in those states.

Coffman originally opposed the legalization of marijuana in Colorado. This is the first time that state officials in Colorado have had to fully argue in favor of the laws that legalize marijuana in the state.

Coffman agrees with the concerns of Oklahoma and Nebraska, saying that she is concerned about the illegal trafficking of marijuana. She notes in the brief that Colorado law enforcement agencies are still taking traffickers into custody. She cites the indictments of 32 people who were charged with illegally growing marijuana in Colorado and planning to traffick it out of state.

This lawsuit is just one of four filed against the legalization of marijuana in the state of Colorado, but the first filed with the Supreme Court. The other three have been filed with the federal district court in the city of Denver.

The growing child abuse problem in America

Tue, 21 Apr 2015 21:59:22 GMT

April 22, 2015

Although April is the month when America urges everyone to help prevent all forms of child abuse, we should run this campaign on a daily basis throughout each year. Even the National Council on Child Abuse and Family Violence has said, “Child abuse and neglect is a national problem which has increased to epidemic proportions .”

What behavior constitutes child abuse?

It’s defined as “any behavior directed toward a child by a parent, guardian, care giver, other family member, or other adult, that endangers or impairs a child’s physical or emotional health and development .” These damaging behaviors usually take the form of “physical abuse, sexual abuse, emotional abuse, and neglect .” Although each type of abuse can cause long-term damage, sexual abuse is often the most debilitating to a child – even if it occurs only one time.

How common is childhood sexual abuse in America?

A child is sexually abused in America every six seconds . However, this may just represent the tip of the iceberg since only about 1 in 10 children can overcome their fear enough to even report these crimes. Furthermore, it’s now estimated that one out of every four girls and one out of every six boys will be sexually assaulted before age 18 . Just as shocking is the fact that many abusers are especially attracted to children under the age of three .

What are the long-term repercussions of childhood sexual abuse?

Unable to develop any true self-esteem, victims often respond through “withdrawal, difficulty at school, aggression, running away, nightmares, and extreme anxiety or depression. In some cases, [these] symptoms . . . may not appear until adulthood .” Alcohol and drug addictions are common among abuse victims — as are early teen pregnancies since many young people go desperately searching for the love they’ve never known. Suicide is also a very common response to childhood sexual abuse.

During recent decades, doctors and scientists have now discovered that many forms of abuse permanently damage children — “even when it’s psychological [and] not physical .” In his article entitled, “Wounds that Time Won’t Heal,” Dr. Martin Teicher outlines the various types of “permanent debilitating damages in the brain” that child abuse often inflicts.

In 2013, approximately 41, 149 people in this country killed themselves – “making suicide the 10 th leading cause of death for Americans .” It’s quite possible that many who take their lives simply cannot cope with their abuse memories any longer. Princeton graduate student Bill Zeller indicated before he took his life back in January of 2011 that he had become overwhelmed by his ongoing emotional struggles and memories tied to his childhood sexual abuse.

Fortunately, both civil and criminal lawsuits can often be filed against perpetrators to thwart similar future behavior and to obtain the treatment and justice their victims are entitled to receive. Even in early 2015 , Penn State is still trying to settle lawsuits based upon Jerry Sandusky’s numerous sex crimes committed against children long ago. As shocking as his crimes were, they’re definitely not isolated. Too many adults get away with such acts each year.

What’s being done to help kids in America fight back against abuse?

Starting back in 2010, a brave young woman named Erin Merryn began trying to help young children all across America. She “started writing state legislators to ask them to pass laws requiring schools to better educate children, school employees and parents how to prevent and stop child sexual abuse. ”

As of September 2014, nineteen states had passed Erin’s Law. It “mandates that all public schools use age-appropriate curricula to teach students how to tell on anyone who touches or attempts to touch their private parts .”

What all parents and caregivers of children must do

First and foremost, all adults must personally commit to never sexually abuse or otherwise harm a child. This is critical since “over 90%” of these crimes are committed by “a family member or friend .” Parents must also take the time to personally speak with their children about this issue – and encourage their kids to report any questionable incidents to them.

Our entire society suffers along with our children

All adults must stop committing these crimes against children – including their own . Numerous children struggle to handle these types of abuse issues (both consciously and subconsciously) while sitting in schoolroom classes each day. Furthermore, the Centers for Disease Control and Prevention have estimated that the lifetime cost of “child maltreatment” (abuse) is “$ 124 billion a year .” Fortunately, our country has dedicated child protection advocates like Erin Merryn who are willing to take the lead in this battle.

Should your child ever report being abused by a teacher, coach, parent of a friend – or another adult — you must stand ready to file a lawsuit on your child’s behalf. Perpetrators must pay for their crimes both civilly and criminally so your child can obtain the lifelong therapeutic help that may be required.

Feature photo borrowed from: Shout Out UK

Actor Armand Assante challenges foreclosure

Thu, 16 Apr 2015 21:50:25 GMT

April 17, 2015

While the stock market crash and tumbling housing market has resulted in a slew of personal and corporate bankruptcies, the economy seems to be heading towards recovery. Housing prices are steadily rising as low mortgage rates are attracting home buyers. Even so, the dust still has not settled from the aftermath of the housing crisis, and even actors are not immune.

Actor Armand Assante is facing the loss of his sprawling Hudson Valley residence, scheduled for possible sale on May 6, 2015 . He asserts that predatory lending has caused his financial difficulties. His attorneys have requested that a New York judge change her mind regarding the finalization of the 7,000 square-foot foreclosure of the mansion. The 64-year-old actor held key roles in “American Gangster” and in “Gotti,” a 1996 HBO release.

The role of Eastern Savings Bank in the foreclosure

Eastern Savings Bank , a Maryland-based financial institution, loaned the actor $1.5 million in 2005. He repaid $700,000 but quit making payments in 2009 as he tried to work out a reduced interest rate, down from the 10 percent written into the original loan. According to the bank, the loan now stands at $2.3 million. The executive who oversaw his mortgage paperwork faced charges of improperly altering a separate mortgage worth $3.25 million. The case was settled through the payment of a $125,000 fine.

Accusations of fraud

Mr. Assante’s attorneys indicated that the settled case proves that the executive acted dishonestly regarding their client’s mortgage. The executive’s lawyers challenged that claim. However, a law clerk with a possible vendetta against Hollywood stars was also involved in the case, along with questionable activities of a property appraiser.

The actor retained private investigators to unearth these details. In addition, the original mortgage, recorded in court, might not have even been signed by Mr. Assante, which could invalidate the entire case. The actor is now involved in international projects which, along with compensation for damages, could earn enough money to allow him to repay his debts.

A court bankruptcy and the related home foreclosure is an emotional ordeal as your residence can represent not only a lifetime of hard work but also a home full of memories. However, technicalities could make a foreclosure void. With the help of a seasoned attorney, you might be able to fight a foreclosure.

Costly, high profile divorces that make yours look like a cake walk

Wed, 01 Apr 2015 21:47:40 GMT

April 2, 2015

The average divorce across the nation costs between $15,000 and $20,000 . However, a few couples with high-profile marriages, significant assets and subsequent break-ups have record astonishingly expensive divorces.

Golfer Tiger Woods and Model Elin Nordegren

The marriage of Tiger Woods and Elin Nordegren produced two children and lasted about six years. In 2009, his affair, allegedly one of many, was splashed across headlines. While the negative publicity was at the forefront of the news, Woods was in an accident near their home, and the model shattered a window in the vehicle. In the subsequent divorce, she was granted custody of the children and $100 million dollars.

Actor Mel Gibson and Robyn Moore

Mel Gibson and Robyn Denise Moore met in the late 1970s when Gibson was virtually unknown in the movie industry. They had no prenuptial agreement before their more than 30-year marriage that resulted in seven children. However, the marriage ended when another woman became pregnant with the superstar’s child. Although the couple was separated when the photos of Gibson and the new mom surfaced, Gibson was then arrested for drinking and driving. Moore filed for divorce and was awarded half of his total fortune, worth an estimated $425 million.

Media Mogul Rupert Murdoch and Anna Torv

The Australian media guru and his second wife, Anna Maria Torv, were married for more than three decades after they met while she was employed by him in Sydney. Their break-up was allegedly fueled by her desire to spend more time with him, but he did not agree. Although the terms of the divorce were not disclosed, rumors swirled that she received $100 million in cash and $1.7 billion in additional assets. Rupert denied infidelity but married Wendi Deng less than three weeks after the divorce was final.

Harold Hamm and Sue Ann Arnall

Harold Hamm earned billions of dollars in the fracking industry but his earnings dropped when the oil market plummeted in June 2014. In early 2015, he wrote a $975 million check to his ex-wife in their divorce settlement . However, she rejected the offer and asked for more money from her ex who was worth about $13.5 billion at the time. She later reconsidered and accepted the settlement.

No matter the amount of assets in your marriage, you can likely benefit from the help of a seasoned family lawyer who understands how to navigate the sensitive matter of a divorce. Our attorney will guide you through the legal aspects of your divorce, defending your rights in the process. Contact us for help today!

Blue Shield loses tax exempt status in California

Wed, 18 Mar 2015 21:43:45 GMT

March 19, 2015

Health insurance giant Blue Shield of California has been stripped of its tax exempt status in California.

The surprising move came following a backroom investigation by the California Franchise Tax Board. Apparently the company was notified in August but the news was kept secret until being reported on Tuesday.

Though extremely rare, this action is not completely without precedent. In 1986, tax reform passed by Congress targeted Blue Cross and Blue Shield, stripping them of their federal exemption.

Some number of years following this move, Blue Cross went on to convert to a for-profit organization in California.

However that was voluntary, setting it apart from the case at hand.

Though no reasons have officially been cited, there are many speculated possibilities as to why the tax board felt compelled towards this , the center of which is the question: would California tax payers be better served with Blue Shield of California as a for, or not-for profit entity?

The answer starts becoming clear if one looks into the financial reports for the company.

Over the last decade, Blue Shield has contributed a fraction of their current financial holdings – around $325 million. Sounds like a lot, but not when considering that the company has around $4.2 billion in the bank, not so much.

This fact led the company’s director of public policy, Michael Johnson, to step down from his post last week and go public with his concerns over the disconnect.

“We’re talking about a $10 billion public asset, and the only real return the public is getting is $35 million in charitable contributions each year? That’s just a lousy deal…It’s time to cash in that asset.”

Johnson went on to say that “for over 70 years, Blue Shield has been a tax exempt entity, subsidized by taxpayers in order to provide benefits to the public…but it’s demonstrated that it’s either unwilling or incapable of serving the public good.”

Blue Shield will be protesting the decision, but with all that cash in the bank, executive compensation packages into the multi-million dollars annually and premiums on an upward trend, they might find it difficult to garner sympathies.

Larry Bellomo is a Laguna Hills Bankruptcy and Family attorney who has become a trusted legal source over his 34 years of experience serving Orange County. If you are in need of legal help, give us a call, send us a message or visit our Laguna Hills offices and receive a 100% free , no obligation consultation.

Featured Image: KPBS.org

Words by: Jacob Wisdom

California Bar administrators consider 50-hour pro bono requirement

Sat, 14 Mar 2015 21:40:43 GMT

March 15, 2015

Administrators of the California state bar are considering a requirement that all students must volunteer 50 hours to free or “substantially reduced rate” legal work . They would need to meet the requirement within one year of receiving their license to practice law.

Those in support of the requirement argue that it would enable those who cannot afford legal counsel to receive it, that the experience would make students better lawyers and that it would instill an understanding within the students towards the importance of serving low-income residents.

California is not the first state to consider such a requirement. New York already adopted a 50-hour pro bono requirement which came into effect January 1, 2015 .

Some legal aid experts are not completely onboard with the requirement.

Kirsten Kreymann is the pro bono director at Public Law Center in Santa Ana . She says that while “[they] want to provide as much high-level legal service for our community as we possibly can…we need the money to do it.”

Kreymann is referring to a disconnect between available space/resources, and available volunteers.

There are about 100 legal aid organizations in California. The Legal Aid Foundation of Los Angeles is one of the largest, yet accepts only about 10% of volunteer applications from law students. In a way this makes it more prestigious (certainly more exclusive) than even the most desirable law schools (such as Harvard Law, which has an acceptance rate of about 15% ).

The pro bono requirement is designed for civil cases rather than criminal. The reason being that criminal cases include the right to the attorney – a benefit not given to those engaged in civil suits.

For all the noise on both sides of the argument, the father of the New York requirement, chief judge of the New York Court of Appeals Jonathan Lippman, believes it will prevail as a force of good for the community.

Lippman said “When I first put it out there, it made people nervous — the different constituencies, the law schools, the bar, the students. Everyone had some reason to sort of say, ‘Gee, we don’t want to be forced to do this.’”

But ultimately the requirement, according to Lippman, has been a success.

Larry Bellomo is an attorney with over 34 years of experience practicing in Laguna Hills, California. His law offices deal primarily with issues pertaining to Family, Divorce and Bankruptcy law. Give us a call or send a message today to receive your 100% free no obligation consultation.

Insiders speculate 1% loss in US GDP over west coast ports slowdown

Thu, 19 Feb 2015 21:36:37 GMT

February 19, 2015

A dispute involving between 14-20,000 port workers in California, Oregon and Washington (accounting for approximately 68-percent of container ship clearing) is causing significant enough bottlenecks to drop the GDP of the entire country, forecasters say .

It’s said that outbound cargo has been most significantly affected.

The issue arose upon the expiration of contracts between the International Longshore and Warehouse Union (ILWU) and the officials in charge of operating the ports. This occurred on Jun 30, 2014 – and negotiations before and since have failed to reach a conclusion.

Despite a clear and measurable slowdown in productivity (also evidenced by the number of cargo ships backed up at sea) that correlates to the dispute at hand, the ILWU refuses to admit that there is a coordinated effort to stifle productivity. They instead are offering a downstream blame, that there is a shortage of both trucks and drivers moving cargo from the ships to the yard .

In an effort to appeal directly to the workers whom are represented by the union (rather than the union reps themselves) leaflets have been handed out to dockworkers which outline the exact details of the “last, best and final offer” that is currently on the table. This offer had previously not been made public.

Port officials hope doing so will persuade dockworkers to apply pressure onto their reps and expedite the process of putting ink to paper on a new contract.

Reports from around the country are coming in of business being affected by the slowdown in exports. “We simply don’t have enough space to store the finished goods” reported a northern California almond farm CEO . He was commenting on his recent 33% employee downsizing.

A Denver, Colorado toy store owner said that the strike has affected their stocks, causing some products to miss out on the holiday rush .

The unfortunate truth about a dispute such as this is that there is only one party that will benefit, and that is the union and its workers. For the rest of the country, we’re forced to sit back and hope that reason prevails – and this problem does not escalate to a full-blown strike.

Larry Bellomo is a Laguna Hills bankruptcy, family and divorce attorney who has become trusted throughout southern California following over 30 years serving the community.

If you are in need of an extraordinary attorney, give the law offices of Larry Bellomo a call or send us a message for your 100% free no obligation consultation.

Radio Shack grasps at bankruptcy lifeline

Mon, 09 Feb 2015 21:29:03 GMT

February 9, 2015

Radio Shack is the electronics equivalent to your local hardware store. DIY’ers can find otherwise difficult to come by products like specialty fuses, capacitors, resistors, solder, LED diodes…all sorts of items that, ten years ago, were hard to get your hands on quickly.

Internet outlets have largely changed that. And now, the once juggernaut has been pushed into bankruptcy .

Are you being wooed at the notion of purchasing a TV for 10% less online over the cost at a physical store? Well if you’re an electronics nuts-and-bolts geek, then you’re aware that for the price of a single piece of electronics hardware at Radio Shack (let’s say, a capacitor as an example) you can purchase and have shipped to your door an entire bag of the same product from an online source.

Enter, the demise of Radio Shack . Though wildly more expedient than ordering online (especially when your parts are coming from China), Radio Shack simply can’t sustain itself with their core offerings…even when marked up 2000% (because honestly, even if the part costs $0.05 and you sell a couple for $1.00 each, how do you expect to keep the lights on at such quantities?).

This fact is not lost on Radio Shack executives. They have been desperately attempting to diversify and compete with box juggernaut retailers, cramming all sorts of products into their generally small foot-printed stores.

It seems that they haven’t quite found a formula that works.

In an effort to save the company, it was announced on January 15, 2015 that it was preparing to file bankruptcy. On February 5, they announced they filed for Chapter 11 protection. Shortly after, a list of 1,784 stores (at the time of this writing, there are 4,297 locations ) was published which detailed the retail locations that would closing by the end of March.

I’m not sure how the vast majority of consumers feel, but I for one am troubled by this. Not due to some nostalgic love for Radio Shack, but because it’s terribly frustrating not having a particular piece of hardware that a project requires! No one is going to miss another retailer that sells TVs. Or radios. Or telephones.

But a physical store you can go pick up some 12 volt switches, a couple uncommon bulbs and a glass fuse? That’s a store that will be missed by a (rather small) group of hobbyists from a wide range of interests, including myself. Fortunately for me, my local store isn’t on that cursed list!

Larry Bellomo is a Laguna Hills bankruptcy attorney who has over three decades of experience serving Orange County, California. If you’re in need of the best Laguna Hills bankruptcy attorney, give us a call for your free no obligation consultation.

Orange County-based Wet Seal files for Chapter 11 bankruptcy

Sat, 17 Jan 2015 21:25:59 GMT

January 17, 2015

Foothill Ranch, Ca – The economy hasn’t quite turned around for everyone yet.

Wet Seal , a company based out of Foothill Ranch and self-described as offering “the most current fashions for teens”, is the latest mall retailer to decide bankruptcy was their best chance at staying afloat .

Just last month, Delia’s and Deb Stores also filed .

The announcement follows one last week stating they were to be closing around two-thirds of their retail locations (338 stores, to be precise).

Wet Seal is a long established facet of the young adult fashion industry, with roots dating back to its 1962 inception as a Newport Beach bikini shack.

Wet Seal’s bankruptcy filing indicates they believe their assets to be between $10 and $50 million, compared with liabilities between $100 and $500 million. The company says that in order to keep doors open, they have negotiated a $20 million loan with B. Riley Financial Inc, though it needs approval through the US Bankruptcy Court before the loan is truly secured.

This loan would also see B. Riley become the majority stockholder following the company’s bankruptcy exit, with an 80-percent stake agreed upon .

Wet Seal, among other fashion retailers, have found it difficult to compete in the face of fashion juggernauts like Forever 21 and H&M who can offer low-priced styles.

The company shot itself in the foot last year when it spent a reported $25 million to buyback shares from stockholders for up to $4 per share. Those shares now, as of writing this article, are worth a measly $0.04 each .

Bankruptcy can happen to anyone – from a multi-million dollar enterprise half a century old, to one of the largest cities in the US, to a family of four just trying to make ends meet. It’s important to begin planning for bankruptcy early and with a qualified individual.

Lawrence P. Bellomo is a Laguna Hills attorney with over 30 years successfully practicing family and bankruptcy law in Orange County. If you are considering declaring bankruptcy, give us a call or send us a message today to receive a 100% free no obligation consultation.

Detroit: A developing bankruptcy success story

Sat, 20 Dec 2014 21:21:29 GMT

December 20, 2014

Back in 2013, Detroit set a new and unwanted record, becoming the largest city in US history to declare bankruptcy . All said and done, the city ended up with $18.5 billion in bankruptcy debt.

In just a year, Detroit has already begun showing signs of significant improvement and poising itself for economic reform and repositioning.

The city found out the repercussions of putting all of its eggs into the automotive basket, and for this reason while moving forward Detroit will be seeking to diversify revenue streams.

Companies like Yahoo and Quicken loans already call Detroit home, with the latter having over 12,000 employees there.

The chairman and founder of Quicken loans, Dan Gilbert , has put $1.5 billion into the restoration of downtown, scouting out cities nationwide to get modeling ideas.

For all the good, comes the bad as well. The many abandoned homes which plagued the city during the downturn still remain vacant despite a booming construction market due to bureaucratic hurdles and construction shortages. Foreclosures have persisted, and schools continue to remain behind national averages.

City residents found Mike Duggan fit for the mayor’s office, who has begun making good on the many promises made during the campaign trail. No small victory has been his ability to drop the murder rate 18 points in his 12 months since assuming office.

Although Duggan’s honeymoon ended in June after finding himself on the bad side of local farmers, he continues to find support among the city and hopes to rally residents together in returning Detroit to its former glory.

One thing is for sure, that compared to just one year ago Detroit today finds itself with safer streets, closer ties and brighter prospects. And it was their well thought out bankruptcy plan which made it possible.

Attorney Lawrence P. Bellomo is a trusted legal advocate who has practiced in Laguna Hills for over three decades. He continues to be the attorney of choice for individuals in need of an exceptional family, divorce or bankruptcy attorney in Orange County, California.

Stockton, California approved by judge for bankruptcy exit

Wed, 05 Nov 2014 19:53:15 GMT

November 5, 2014

And you thought your finances were complicated…

A California judge has approved the city of Stockton to exit bankruptcy despite arguments by some, mostly creditors, that it is unfair.

Judge Klein said “I’ve looked long and hard at this case and the responses that have been made, including the alternative of putting the whole situation back to Square 1, which is what would be required [if the plan were rejected].”

His argument was largely that of economic pragmatism, saying that to reject the plan would necessitate the need to formulate an alternative, with legal costs running into the millions and probably not offering a comparable added value.

Judge Klein stated that “this plan, I’m persuaded, is about the best that could be done, or is the best that could be done.”

Those against the plan and their lawyers argue that under normal Chapter 11 bankruptcy conditions, prospective employee benefit cuts are standard. The fact that this is missing from the approved plan has angered some. However Judge Klein stated that he believed the other “significant concessions”, such as retiree health benefits worth an estimated $550 million, were enough to offset the need for other employee benefit losses.

Previously, (before the huge financial issues) Stockton had promised city employees free healthcare in retirement for them and their dependents. Additionally, Stockton is one of many California cities which offers retirement to police as young as age fifty, and a pension as high as a ninety percent of their pay for those with thirty years of employment (in addition to annual cost-of-living increases).

The pension plan was supposed to not cost the city much due to investment gains tied into the program, but a bumpy financial system means that the burden will not be offset as greatly as previously hoped.

CalPERS , the California state pension system, has said that if Stockton goes into bankruptcy and decides to cancel their contract with the organization, then Stockton would be on the hook for the $1.6 billion that is currently and will be owed to city retirees. They are calling this a “cancellation fee”.

CalPERS states that they hold a lien against the city that, in the event the city does not payout this fee, they are able to essentially repo city assets.

However Judge Klein during his judgment said that federal bankruptcy lies supreme over the state law drafted for Stockton’s lien, and that therefore when push comes to shove, the lien is non-existent.

So when it comes down to the bottom of the mess, all that is left between CalPERS and the city of Stockton is a contract, and as Judge Klein said, “Bankruptcy is all about the impairment of contracts…That’s what we do.”

Larry Bellomo is a Laguna Hills bankruptcy and family attorney with over three decades of experience in the field. If you are in need of an attorney in the Orange County area, give us a call and find out what we can do for you.