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.
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.
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.
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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 company’s supporters — consumers, employees, vendors and suppliers — 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 Religion’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.
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 professor’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.
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. 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 attorney’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.
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 — 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 — the proverbial straw that broke the camel’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 don’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 didn’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 — paying filing and legal fees and dealing with a seven-year blemish on their credit record — 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 — Chapter 7 or Chapter 13 — is best for you.
