San Jose Post Record
Monday, July 04, 2022
GUEST COLUMNS

Friday, July 1, 2022

Being sensitive to the effect that the observer may have on the observed could help prompt seemingly deadlocked negotiations toward resolution. In a mediation, any participant could at any time assume the role of an observer influencing the proceedings.
What we don't yet know is how the law and its requisite training will affect drunk drivers and those injured by them.
U.S. District Judge Denise Cote granted Defendants' motion to dismiss the Complaint on the grounds that the sketches were not "substantially similar."

Wednesday, June 29, 2022

Virtually every facet of the system is subject to some form of governmental oversight — not surprisingly since the federal government pays half of the costs, and state and local governments kick in another 30%.
Odds are that two measures to legalize sports betting will appear on November's ballot. That's pared back from earlier this year, when four different initiatives were in play.
What isn't proposed is what is needed: help finding and the ability to stay in affordable housing.
"I managed to get someone who would do it for the money, and who was not a doctor or a nurse, just a stranger," Allred, 80, said. "He did it, and then he left me in a bathtub hemorrhaging in a pool of my own blood."

Tuesday, June 28, 2022

People are eligible for compassionate release only if they have a terminal illness likely to result in death within 12 months or are permanently medically incapacitated and require 24-hour care. These overly narrow criteria limit the number of seriously ill and dying people the courts can consider.
The ruling likely marks the most dramatic expansion of gun rights in the United States since 2008, when the Supreme Court clarified for the first time that the Second Amendment's right "to keep and bear" firearms applies to individual citizens, not just state militia members.
The recall effort was driven in part by disagreement over how to handle admissions at Lowell High School, an elite public school that for decades accepted students primarily based on high test scores and grades. (Lowell's long list of notable alumni includes Justice Stephen G. Breyer and former Gov. Pat Brown.)

Monday, June 27, 2022

According to a March 2021 report on student parents from the Institute for Women's Policy Research, what Machado experienced is common and is known as "time poverty."
"Instead of the major reform that the nursing home licensing system needs, AB 1502 now codifies and endorses the current system, a system that has nourished the worst operators in the state," wrote Patricia McGinnis, executive director of the California Advocates for Nursing Home Reform.
Whether you're a long-time freelancer, new to the 'gig economy,' or just curious how people can manage their money when they don't have access to traditional workplace benefits, here's a primer on how to make it work.

Thursday, June 23, 2022

One of the most daunting issues for non-citizens seeking to become permanent residents or green card holders has been: whether the applicant "is likely to become a public charge."
It is a common misconception that someone who submits a complaint to the Commission on Judicial Performance must maintain confidentiality of the complaint and any ensuing CJP investigation. Nothing in the CJP's rules requires such confidentiality.
Democratic Assemblymember Carlos Villapudua of Stockton read about the Norwegian model last year and offered up a scaled-down version this year for California.
These cannabis lounges are opening (or reopening, after pandemic closures) in West Hollywood, San Francisco, Palm Springs and elsewhere. And many smaller California cities, including Ojai, a popular destination 90 minutes from Los Angeles, are considering allowing them as a means to increase tax revenue and attract tourists.

Wednesday, June 22, 2022

In 2003, just four days after California voters decided to remove him from office, then-Gov. Gray Davis handed personal injury lawyers and unions a major victory by signing legislation called the Private Attorneys General Act (PAGA).
he state's constitution currently prohibits involuntary servitude "except to punish crime" — allowing the state prison system to pay inmates as little as 8 cents an hour for jobs including food service, custodial work and construction, according to a legislative analysis.

Tuesday, June 21, 2022

The contracts represent one of the largest retention bonuses the state has ever offered to employees.
Readers should consider the consequences when asked to support efforts to ban neonicotinoid pesticides such as Imidacloprid.
School Meals For All, which Gov. Gavin Newsom championed in the budget since its inception, in concert with state Sen. Nancy Skinner's legislative proposal, is the largest free-meals program in the country, providing breakfast and lunch for 5.9 million students — many of whom depend on school food for the bulk of their nutrition, regardless of income.

Monday, June 20, 2022

UC Riverside gets $8,600 in state support for instruction of each student, well below the systemwide average of around $10,000.
Less than half of unique phone numbers calling the Employment Development Department's disability insurance branch call centers were answered on average between November 2021 and April 2022, according to department data. That's down from about 80% between May and October of 2021.
If you're providing support to aging parents – or plan to in the future – here is some advice on how to handle the situation and prepare for what's to come.

Friday, June 17, 2022

The start of the next fiscal year looms on July 1, less than three weeks away. Yet the budget process will likely extend well beyond that date, as lawmakers pass follow-up measures amending provisions of their spending plan to reflect compromises with the governor.
One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose.

Thursday, June 16, 2022

Solutions are urgently needed: The U.S. is projected to face a shortage of as many as 139,000 physicians by 2033, particularly in primary care, according to the Association of American Medical Colleges.
The average Californian used 83 gallons of water per day in April, compared with 73 in April 2020. That's far from the 15% decrease that Gov. Gavin Newsom has called for as our reservoirs and the snowpack dwindle.

Wednesday, June 15, 2022

In the state's most recent midterm primary election, held in 2018, nearly three-quarters of the state's eligible voters — 72% — did not vote. Yet 2018 saw the highest midterm primary turnout in two decades.
Based on voter registration, it was widely expected that Lanhee Chen, the sole Republican in the race, would land one of two spots to advance to the general election. And as of Thursday night, Chen had 37.2% of the vote — one of the stronger showings recently for a Republican in a statewide top-two primary.
The rising numbers of independent voters, registered in neither party, were discouraged from participating in primary elections, which affected the outcomes of other issues, such as ballot measures.

Tuesday, June 14, 2022

The cutbacks, announced Tuesday by the State Water Resources Control Board, will affect about 4,500 water rights in the Delta watershed, including 400 or more held by 212 public water systems, beginning Wednesday.
The single-best investment they can make is to strengthen the Cal Grant program, the financial aid program for lower-income students.
It may seem odd to think about retirement savings when your child could still be wearing braces. But putting money now into a Roth IRA means your child will have decades for the money to grow, tax free.

Monday, June 13, 2022

This decision dramatically increases the value of meal and rest period claims in class actions and representative actions under the Private Attorneys General Act of 2004 (PAGA).
If you are set to receive money or other assets from a loved one who has passed away, you may benefit from the counsel of a financial advisor, estate attorney and tax expert who can help you determine the best course of action to wisely manage the gift you've been given. Here are some factors you might want to consider with their help.
Bonta, a progressive Democrat appointed by Gov. Gavin Newsom, will likely face off in the November general election against one of two Republicans: Nathan Hochman, a former federal prosecutor who had 18%, or Eric Early, a lawyer to the right of Hochman with 16% of the vote.

Friday, June 10, 2022

Now SCOTUS is looking to expand Second Amendment rights through its consideration of the pending case of New York State Rifle & Pistol Association v. Bruen.
Design patents protect only the appearance of the article, not any aspect of functionality.
"I'm a liberal in my compassion for the vulnerable. I'm libertarian in my passion for freedom. I'm conservative in my belief that civilization is required for both," Shellenberger said during a 90-minute interview last week at the CalMatters office in Sacramento.
With the passage of SB 300, people could not be sentenced to death or life without parole if they did not kill anyone or intend for anyone to die, though they still would be sentenced to at least 25 years to life. The bill also would allow judges to consider all circumstances, such as intimate-partner violence, abuse or trafficking, in their sentencing decisions.

Wednesday, June 8, 2022

Robert Rivas, an assemblyman from Salinas, touched off such a clash late last month when he met with Assembly Speaker Anthony Rendon, claimed that he had support from a majority of Democrats and demanded that Rendon step down.
State Superintendent of Public Instruction Tony Thurmond has raised more than 10 times as much money as all his other competitors combined, and he's earned endorsements from powerful teachers unions and interest groups, making him likely to glide easily into a second four-year term.

Tuesday, June 7, 2022

The public debate around free expression and censorship ramped up when COVID skeptics, election deniers and conspiracy theorists hijacked the major platforms to further their agendas.
On Sept. 28, 2015, Hoffman and his crew began to remove the tree. Before they could finish, however, Todd told Hoffman and his workers to stop. Todd also contacted the police.
Keeping up with changes in the law practice, including law tech's benefits and risks, makes good business sense.
Under its guidelines, only descendants of people enslaved in the United States or freed from enslavement in other countries before 1900 will receive a payment.
Individuals with significant medical expenses — but whose income is too high to qualify for free Medi-Cal — may still access the program if they pay some of the costs.
Although employers may electronically deliver most onboarding documents to remote employees with consent, the requirements vary regarding how employees must complete and return the forms.
New York Times News Service
Facebook CEO Mark Zuckerberg testifies via videoconference before a hearing of the House Judiciary Subcommittee on Antitrust in Washington, D.C. Wednesday.

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