New Laws 2016 Including Guns, Searches/Warrants on Phones, Social Media; and Restraining Orders

Searches--  The new year also requires law enforcement agencies to obtain a search warrant before looking at private emails, text messages and GPS data stored in smartphones, laptops and the cloud.

Restraining Orders-
Four months after a disturbed man killed six UC Santa Barbara students and wounded 13 others, Gov. Jerry Brown  signed legislation allowing the temporary seizure of guns from people determined by the courts to be a threat to themselves or others.

The Isla Vista massacre in May occurred even though the family of Elliot Rodger had sought help because of concerns about his strange behavior before the shootings.

The legislation approved by the governor allows law enforcement officers or family members to ask a court for a restraining order against a person believed to be a threat, barring his or her possession of firearms for 21 days.

The measure was opposed by groups including the National Rifle Assn. and Gun Owners of California. The groups objected that the gun owner would not get a hearing before the restraining order is issued. Under the new law, a hearing must be held within 21 days of the order being issued.

“Without a doubt, AB 1014 is one of the most egregious violations of civil liberties ever introduced in the California Legislature,” wrote Charles H. Cunningham, a director with the NRA’s Institute for Legislative Action.

For family law cases--- a domestic violence TRO will cause weapons to be removed, HOWEVER, note that this law was put into place because there was no civil harassment or domestic violence with family, friends, live in girlfriend, boyfriend, etc. There may have been strange behavior (the defendant allegedly was suffering from Aspergers), see http://www.ninds.nih.gov/disorders/asperger/detail_asperger.htm

In fact part of this young man's issue was that he could not get a girlfriend, as evidenced by his lengthy online ranting, and he was jealous of men with girls and even wanted to somehow torture them because he felt he was better and deserved to get a girlfriend; at least that is what was read/seen online which showed the young man's ranting online.

The parents should have probably sought help to file a restraining order based upon conduct which made them afraid by putting together the "strange" behavior which could then cause a potential psych eval to warrant no weapons. This was not done it appears, because the parents did not try and obtain or failed to obtain an order, and it appeared the parents did not think the adult son had weapons. It is common sense that almost anyone who has a brain dysfunction should probably not own or obtain guns, yet we know even if this is the case, most people can find an illegal gun to buy.

----------------------------------------------------------------

Below, a San Diego attorney talks about gun laws  and more

https://youtu.be/MDF1-dKZmjo

https://youtu.be/Pn9jBeKcsdY


Parents

• The vaccination law eliminates the ability of parents to waive immunization rules 
• for their children based on personal beliefs. Though the law takes effect on Jan. 1, it allows parents to
• delay the vaccinations until July 1 if they filled out a request before New Year’s Day. But almost all students will have to show proof of immunization shots for the start of the new school year this fall. Read more here and here.
• The state suspends for three years California's high school exit exam, which is normally a requirement for students to receive diplomas. The law also allows about 32,000 students who did not pass the exam, either since it became mandatory or during its early phase-in years, to receive diplomas so long as they have completed all other graduation requirements. Read more »
• Schools must provide places for students to breast feed or pump breast milk.
• High schools that mandate health courses must provide lessons aimed at preventing sexual violence and the concept that both parties must consent to sexual relations. Read more »
• Students are required to take sexual health classes unless their parents object — the classes are now voluntary — and the lessons must include the teaching to be inclusive of different sexual orientations.
• The state must make sure future history textbooks for public schools include a section on the 1930s deportation of more than 1 million U.S. citizens of Mexican descent. Read more »
• California community colleges can suspend or expel students accused of sexual assault off campus.Read more »
• The state will spend $40 million to provide health coverage under the Medi-Cal program to children under age 19 who are not in the country legally. Read more here and here.
• Children 13 and younger who are witnesses in violent crimes may testify by remote video hook-up.

For more, go to latimes.com/politics.

Autistic Child=Public Nuisance Lawsuit goes to Mediation in Santa Clara

http://www.abajournal.com/news/article/suit_seeking_to_declare_autistic_boy_a_public_nuisance_goes_to_mediation

The parties in a suit contending an autistic boy is a public nuisance have agreed to participate in court-supervised mediation.

Judge Maureen Folan of Santa Clara County, California, on Tuesday urged the boys’ parents and the neighbors who sued to reach an agreement, theSan Jose Mercury News reports.

“The question I have for each and every one of you is: Do you want to be solution-oriented and a great role model for your kids?” Folan asked. “Or do you want to be the opposite of that, and be litigation-oriented?”

One of the plaintiffs, Robert Flowers, said the judge’s idea was “promising.” The boy’s father said he was also pleased, although a previous attempt at mediation had failed.

The suit claimed the boy who lived in Sunnyvale, California, was a public nuisance because of his attacks on their children that included kicking and slapping. Their suit, the neighbors said, was directed at the boys’ parents because they were not controlling his behavior.

A previous judge in the suit issued a preliminary injunction in July 2014 requiring the boy’s family to make sure he doesn’t strike or assault neighbors. The suit also seeks damages and argues the boy’s uncontrolled behavior put a damper on the marketability of the neighbors’ homes.

The boy and his parents moved in September 2014. They say their son’s bad behavior stopped after he took medication and participated in therapeutic classes.

Previous:
Ex-courthouse clerk charged with felony for throwing files in trash after being fired

Next:
Judge's injunction delays possible shutdown of Kansas courts

---

Filed under:

States | Alternative Dispute Resolution | Trials & Litigation | Tort Law |California | Disability Law

---

You might also like:

• Neighbors' suit contends boy with autism is a public nuisance
• Trial court should not have dismissed law student's disability complaint, 9th Circuit says
• 10 Questions: Has the ADA measured up?
• Lawyer's double-murder trial delayed over use of subpoena rather than warrant for cellphone search
• Lawsuit says 'financial slavery' service by dominatrix was elder exploitation

Another CPS Case-This One Might Have a Decent Outcome

Mediator had given recommendation to one parent by having heard a tape-recorded scenario, which was allegedly against the interest of client, but client was never allowed to hear the tape recording to even challenge the authenticity to begin with, or what was contained on the tape....

Weeks later, client-- who only was to have supervised visits, never got any visits because there was no availability at any agency.   In meantime, a trial date was finally set, but the custodial parent kept doing errant actions and failed to allow visits since there was no supervisor, and none could be obtained. In meantime, the client managed to improve the child's grades in school, establish that the mother's boyfriend was an alleged perpetrator, and had enough evidence against the other party to gain at least 50-50 custody.

During that time, it was eventually discovered that the kids were being neglected and police and CPS became involved to some extent, thus paving the way for the trial outcome hopefully in client's favor. 

Eventually, client actually got some help [sheriff] from out of county, and  finally got the mother's boyfriend where he could not be within 100 yards of the kids at all. This is normally not that difficult to do, BUT when false charges are made, and then the mediator ignores the facts and gives kids to wrong parent (who does not stop others from harming kids) there is a big problem.

Filing contempt charges and repeated court hearings is usually not recommended unless client has a lot of time and money, and Judges tend to not like repeated hearings, but having police and CPS properly investigate a case can be a plus when there is actual evidence, a witness, and third party verification.

If you only have second hand evidence and cannot get CPS to realistically help your case, which CPS does not always do, considering the CPS lawsuits out there, it will require diligent monitoring of what the errant parent is doing, and sometimes you will have to enlist the aid of other people to help you get to the bottom of it. It is usually never fast, nor easy. But if you can do it, and CPS gets a recommendation against the other party, you are more than 2/3 of the way there.  CPS finds many cases to be unsubstantiated, and too many of those can harm a case.

Is Parental Alienation Real? Yep....

http://blogs.psychcentral.com/therapy-soup/2011/09/parental-alienation-syndrome/

A twelve-year study by the Family Law section of the American Bar Association showed that Parental Alienation syndrome (PAS) abuse occurred to at least some extent in nearly 60 percent of divorces (the extent to which it occurred ranged from mild to extreme). Today, more and more mental health professionals recognize that this is a very real and tragic problem.

Although PAS abuse usually occurs during or after a divorce, some argue that it can happen during marriages as well. In these cases, the parent “dumps” their problems with the other parent on the child or sets up “gangs” within the family.

In any case, the victims are first and foremost children who don’t usually realize what’s happening to them (if they are older, and have a longer-term history with both parents, they may understand at some level what’s going on). These children live with the loss of a parent that’s as painful and stressful as a death, but are not allowed to grieve. They are taught to stuff those feelings of grief and to turn that pain and their natural love for their parent into hatred.

http://www.pasattorney.com/court-interventions/  [note: this link is from a Michigan attorney's site who is also registered in several others states, including CA but nonetheless, it sheds light on how serious the issue really is...]  and to read about how DNA evidence can be used in a criminal case, from defense side,  in overcoming juror's assumptions, see   http://www.lorandoslaw.com/False-Accusations-And-Criminal-Defense-Topics/If-DNA-Then-GuiltyStrategies-for-Overcoming-Juror-Assumptions-About-DNA-Evidence-In-Criminal-Trials.pdf

Online Disparagement v Freedom of Speech..... Be Careful..............

Businesses rejoice but poster beware: Yelp ordered to identify anonymous reviewer

9/22/2015

by

Edward Heath  

| Robinson+Cole Data Privacy + Security Insider

Many business have suffered the misery and frustration of a harshly negative, anonymous online review. That anonymity, critics argue, frees the reviewer from worries about the need for accuracy and, worse yet, encourages the spiteful posting of false accusations designed to drive away customers. In competitive markets, the targeted business has no choice but to fear that a rival is behind the posting.  

Attorney has not followed all of the related "Yelp" cases in past 4 years BUT it is believed that Yelp did prevail in a major lawsuit when an attorney sued Yelp because attorney claimed Yelp published defamatory reviews that were not true.  If you google that information, it is very likely you will find the new case law. Right now I don't have time to look it up and analyze it LOL.........

Last week, a Massachusetts judge gave the Commonwealth’s business some relief by ordering Yelp to reveal the identity of an anonymous reviewer who posted disparaging comments about a local jewelry store. Yelp is among a handful of websites that have become ubiquitous in the consumer space. Yelp is often used to identify a business to fill a need or want, and many customers will not patronize a business unless the Yelp reviews are favorable. At the same time, businesses have recognized the importance of this social media tool and place Yelp stickers in their front windows proclaiming “People Love Us on Yelp” while at the same time personally asking customers to post positive reviews.

In a case of first impression in Massachusetts, the San Francisco-based Yelp opposed the third-party subpoena it received in the civil defamation lawsuit that the jewelry store owner has brought against “Customer Doe.” Although the anonymous poster claimed in her review that the owner “lacked ethics” and had “ripped off many other vulnerable and desperate women who had to sell their jewelry,” Yelp refused to remove the post because it “appeared to reflect the user’s personal experience and opinions” and refused to identify the poster.

 Yelp’s objection was based principally on the First Amendment, citing consumers’ rights to use anonymity as a shield against retribution. The Boston judge disagreed, ordering Yelp to disclose its information about the user, who has since moved to Colorado and whom the store is no doubt poised to name as a defendant in its case.

[View source.]

What Kind of Divorce-to-be-Done person are You?

What kind of Divorce-to-be-done person are YOU?  This refers to clients getting divorced.

Attorney has seen the gamut but let's just go over some of more frequently seen personas.
Attorney is friendly and accepting of the circumstances,  and in that realm, Attorneys finds that many people take the same path. Normally, they suffer. But also, they can fall into certain patterns. There is no right way to react to something that is stressful, difficult, and emotional. Just don't use too much Facebook and create harm to your case!

  Below are some of the general categories of emotion that Attorney (and probably every divorce attorney in the USA)  -- has seen:

Whoo! Hoo! Yippee!:  I have never been so happy to get rid of him/her and never, ever again!

Hindsight:  I should have dumped him/her 10 years ago. Sigh.

Victim:   I didn't do anything to deserve this and I can't believe he/she is doing this to me. It's not me.

Madder than Ever:  I am so mad I could kill him/her so if I can't then I want to do anything I can to get back at him/her.

Ignoring facts, and living in Fantasia:  Well, I might not have to get a divorce because he/she will probably come back and if I do what he/she really wants, I can be a different person.

The Ultimate Best Parent in the World:  I really am the ultimate best parent for my kids, he/she has no clue about kids, about my kids, and no matter what he/she will do, he/she will never, ever be as good a parent as I am, that is the truth. I want all the custody.

I Don't Really Care Just Get It Over With:  I just want this done quickly, I don't care what he/she wants, I will agree as long as I can afford it, and I don't need his/her crap, and I don't want to see him/her again. I might see the kids but they don't really want to see me because he/she turned kids
against me..... I need single malt Scotch, or possibly Remy Martin Louis XIII in a pinch.**

Difficult and Possibly Impossible:  This can only be described as the client from hell that wants to do everything his/her way, refuses to take Attorney's advice, ignores Court orders, makes everything very expensive because nothing is turned in on time, or it is purposely withheld; further, no amount of logic or fact will help client do what he/she has to do.  Clients like this will end up in contempt and then blame Attorney or the other Party. Normally this means the person is exceptionally unhappy and cannot bear any blame for anything. Clients like this-- if they turn impossible, I am afraid I do drop them because I cannot do my job for them.

** Bourbon/whisky are outselling vodka these days...........  I had to look it up after I heard
client say it, just so I wouldn't be in the dark...........

Rémy Acquires Rising Bruichladdich Single Malt For $90M

July 23, 2012

Two weeks after entering exclusive talks with the owners of Bruichladdich, Rémy Cointreau has agreed to acquire the Islay single malt Scotch whisky brand for £58 million ($89.9m). 

The Bruichladdich acquisition marks Rémy’s entry into Scotch whisky brand ownership. While the company’s American arm, Rémy Cointreau USA, already markets Edrington Group’s Macallan and Highland Park single malts, the addition of Bruichladdich should give Rémy a boost in Asian markets like China, where Scotch and Cognac vie for leadership of the fast-rising imported spirits category. Rémy is already well-positioned in Cognac with Rémy Martin, the world’s second-leading Cognac brand and one of the top-selling imported spirits brands in China.

Is it Illegal to Leave Your Family Dog Unattended in Car in CA?

Note: Attorney also practices animal law/related cases;civil+criminal. And because most people love animals, we have the following:

According to the Sacramento Animal Control, if the vehicle registers 91 degrees inside, using a heat gun to measure temperature, they can break in and seize the animal and you can be charged under the CA animal cruelty statute, normally PC 597.1 (generalized abuse/negligence) or specifically if dog is in car, PC 597.7  We are actually aware of a case where dog was unintentionally left in the car and expired, without owner even knowing dog was missing.  We believe AC characterized the case as accidental since the car was in the owner's driveway.

In addition, you would likely be charged for the stay of your dog in the pound, and any vet or medical expenses. Charges under PC 597.1 are misdemeanor or felony. Attorney just completed case for felony charge of alleged animal abuse for using art tape as a muzzle on a dog; the tape has virtually no stick to it and the dog had already eaten, and could drink water, shade was provided. Other apartment dwellers turned in owners, who elected to take plea of misdemeanor, 2wk ankle bracelet. While we believe at least one client could have been acquitted since he was not even there when it happened, he chose to take the plea. For Sacramento criminal cases, we have information as to which District Attorneys will be hard on any alleged abusers, and who will prosecute no matter what.

Below is what a Southern California Family Law Attorney wrote about--and it goes to show you, animal activists turn anyone and everyone in for anything they think is abuse. For example, dog off leash is abuse in NM. Dog Running at large in Paradise, CA is considered "a potentially dangerous dog." Dog harming any other animal or livestock is considered dangerous. So Beware.

Is It Illegal to Leave a Dog Unattended in Your Car in California?Posted on Mar 8, 2015 6:30pm PDT

Is It Against the Law to Leave My Dog Locked in My Car -

A Lesson in Mindfulness and the Law?

So, its my Blog and I can rant if I want to?

If you've visited our Enlightened Divorce Blog over the years you may have bumped into my posts about Jake, my former beloved Jack Russell, and Jasmine - another Jack who is now the puppy love of my life. I am devoted to those people and animals that I care about and can protect, and would never knowingly put them in harm's way. I'd wager this is true for you too. Our relationships with our animal dependents mirror our relationship with others, and ourselves.

Many, if not most, other people feel and respond similarly with respect to honoring our obligations to the beings entrusted to their care. We can only wish that when that time arises for us, others will similarly honor their responsibilities. Unfortunately, this social contract is, particularly in divorce when conflict escalates, often a tragic karmic loop. Break the parental contract with your child, for instance, and and reap the consequences and unleash them on society too.

Fail to water your dog or cat, and they will die. Beat them and they will attack your neighbor. Likewise, the experience and choices of people in divorce is just one facet of the 10,000 jewels that add up to the quality of our lives and what we bequeath. And, pointers show up in the smallest things.

Some months ago I stopped at a 7-Eleven, together with Jasmine. It was probably 85 degrees here in Palm Springs that day, and I opened the sun-roof, and the windows. Unsuspecting as I exited the car, I was approached by a gentleman who insisted that it was AGAINST THE LAW to leave my dog in my car, even for a moment. He offered to call the police if I disagreed, and came way too close to us.

I kept my mouth mostly shut, leashed Jazzie and took her in the store with me. For awhile afterwards I replayed the exchange (sound familiar?), with stories of how it might have gone differently. Some were more enlightened than others. I understood that leaving a dog, or a baby, could become a recipe for heartbreak, disaster or worse and on that level the point the fellow made was valid.

Today I watched a similar ambush unfold between another 'good Samaritan' and a dog owner. What triggered the memories of my own experience was the level of hostility from a self-appointed law enforcement civilian towards the guy who'd left his dog in the car while he evidently went grocery shopping (a long list, a short list? I dunno).

He informed the dog owner that it is AGAINST THE LAW IN CALIFORNIA!!! to leave his dog in the car. The dog-owner was obviously embarrassed, and responded that he was sorry, from Canada, and didn't know - he tried to back away from the exchange quickly.

I thought I might as well help clarify the rules relating to leaving dogs in cars. California Penal Code section 597.7, entitled "Unlawful leaving of an animal in an unattended motor vehicle", subsection (a) states:

"No person shall leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal."

Violation of that statute is a misdemeanor, subjecting the violator up to six months in jail and/or a $500 fine.

Leaving your dog in the car after the sun is down and air temps are low, as was this situation, does not appear to be a crime. However, that does not make it a good idea, I confess. Good judgment is required.

A number of Municipal Codes - including the Palm Springs Municipal Code ("PSMC") - have a zero tolerance towards leaving pets unattended in an "enclosed" vehicle (probably including the cities he knew). PSMC section 10.22.020.

Essentially, however, the City can only impound the animal, within a police or animal control officer's discretion. You will not be arrested.

While people do incredibly stupid things all the time involving those creatures they are charged with protecting and it may be appropriate for us to point that out to others in proper situations (or intervene in much stronger ways if life and safety truly are at risk), this world needs more equanimity - even on the small stuff.

We will be far more effective expressing our concerns with balance, rather than taking on the role of policeman in our dealings with each other, at the grocery store and on the streets.

Unfortunately, the behaviors I am describing are but a tiny reflection of a larger malaise in our society, in these times. Our entire nation would do well to consider that having a perspective about every other nation's or people's behavior does not make our views helpful or useful for our own interests. The microcosm of our day-to-day interactions tracks and reflects back the larger picture and circumstances.

As it relates to divorce, co-parenting, and moving on in the land of relationship-end, there are lessons that might be generalized from this minor story about how we approach each other, out there in the world. Worth a thought? In the meantime, much can be achieved when we convey our concerns in ways that don't raise the hackles others.

Author: Thurman W. Arnold, III