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Thursday, January 2, 2020

Dogs Gone Wild or Just Plain Still Illegal??

UNDERSTANDING WHO GETS THE PET DURING A DIVORCE........IN  CALIFORNIA..and..The Debacle on Dogs in Colorado Continues


It has been written online that perhaps other states are waiting for CA to come up with some precedent setting pet case during divorce; meaning, if a dog can't be split in two, then who gets what timeshare with that animal even if it isn't a child or kid? Animal activists have long sought this type of law for animals in general. In case you had not noticed, animal activists consider animal welfare law,  the same as CHILD welfare law???  In fact, the animal laws in CA are patterned exactly after child welfare laws.

We have not missed that fact in the past 15 years. In fact, groups such as PETA believe that no animals should be used at ALL for anything at all==not for food, not for an exhibit for humans, not for drugs [such as diabetic medicine], not for being used on a farm, certainly not in a circus or at Sea World (they have shut circus down and eliminated dolphin and whale acts and more) and PETA even filed a lawsuit in San Diego years ago, claiming that the whales were "slaves." Of course, they fell on deaf ears in Federal Court.

ONE thing that "might" change, though, is the law perhaps in Aurora, Colorado re no "pibull" dogs allowed. That long standing law against pitbull type dogs has been in litigation continuously for many, many years. 

Attorney herein litigated the federal case in Denver in 2007* where Judge claimed that the shelters could prohibit or kill such dogs because they had (for example) broken wooden pallets in the animal shelter, so even though almost no pitbull dogs had caused more harm than other breeds, using rational basis law [which is the lowest level of scrutiny] Judge Wiley Daniel issued that unfortunate ruling..... [some shelters use pallets apparently to make a raised platform so dogs don't have to be on concrete floor..]

SO-- the news recently, indicates that Aurora MIGHT change the law. While we wouldn't count on it real soon though..sometimes changes take many years.........https://sentinelcolorado.com/news/metro/total-bull-aurora-looks-at-ending-breed-ban-allowing-forbidden-pit-bulls-back-in/
Castlerock also got rid of their pitbull ban in 2018......



The "pitbull" dogs that are actually APBT (American Pitbull Terriers) ARE-- if actually APBT lineage and not mixed down--are 100% animal aggressive, as that is how they were designed in England, when they started crossing bulldogs with terriers. The dogs then were usually no more than 35lbs.

    Today and in the past 15 years,  idiots are crossing Molosser breeds with bulldogs and creating monster dogs--we say that because improper breeding with canines can create some very some disastrous results---and breeding unknown lineage dogs causes a lot of people killed by such dogs. ( If you don't believe it, go google https://en.wikipedia.org/wiki/Dogsbite.org.)  Canines killing people in California is not uncommon. That tends to show we have a lot of idiots in California that are creating some bad situations which could have easily been avoided. Although "dogsbite.org" loves to claim that the alleged dogs that may have killed people are supposedly "pitbulls", it is a known fact that few of these actual cases can prove that such animals were actual APBT dogs. In fact, it is highly likely that many of such dogs were curs (mixed breeds)--yet even shelters and the animal activists, keep pushing for buying and adoption of such dogs.
      
    The original pit dogs from England, were used in wagering betting and did not harm people, but were obviously animal aggressive. Thus any pitbull terrier that is APBT and IS animal aggressive, is conforming to the breed standard from back in the day. That fact does not mean the dog is at fault since the originating dogs for fighting, were purposely bred with animal aggression. (It is a known fact that other breeds of dogs can be or tend to be animal aggressive)...

     Whether those other breeds were purposely bred to achieve that tendency or trait is not what we are talking about here; we are only specifically talking about the original APBTs which came from England. Other types of american terrier dogs such as the bull terrier (Target dog), Staffordshire Terrier or Amstaff (used in dog shows);  American Pitbull Terrier (not allowed in AKC dog shows), and Bully type dogs, which are not an actual breed, but are purposely bred to be heavyweight, low slung/close to the ground, and for showing in bully dog contests, which are fairly popular.

But due to so many dogs which have been mixed down unknowingly with whatever other breed, most people have no clue what lineage their dog has?  The claimed DNA testing for animals is a far cry from anything done with humans and is thus not considered reliable in court cases. (People say otherwise but they are basically wrong on the court aspect--it is not scientifically admissible..) https://www.cbsnews.com/news/dog-dna-testing-generates-debate-experts-urge-caution/

      In one case in San Diego several years ago, some foolish parents adopted a medium-large dog which may have somewhat resembled a pitbull, but it was definitely not small; and true to the dumb non awareness of many people in San Diego (who believe animal rights propaganda)-- they foolishly allowed this large dog to sleep directly with them AND their new baby??? And what happened? The dog killed the baby! 

       The parents claimed they didn't want to sue the shelter, and the shelter claimed they had no idea the dog was dangerous. NOW--ANYONE WITH HALF A BRAIN SHOULD REALIZE THAT ABSOLUTELY NO ONE WHO HAS A NEWBORN SHOULD EVER, EVER, EVER PLACE ANY DOG AT ALL WITH A NEWBORN BABY, PERIOD. This proves easily that propaganda generated by animal activists, lead dumb people to believe that animals are all harmless???
      Even a Pomeranian dog has killed a baby. Shelters and rescues have "re-homed" dogs which have actually killed children. Supposedly they rehome such dogs to people who don't have kids? (For example, a dog that killed a child by dragging her with her scarf around her neck was then rehomed in San Diego to a couple with no kids...)

    One has to be pretty damn stupid to ever believe --- that animals are all harmless
but obviously -- instead of steering people to obtain an animal from a trusted source such as a bona fide breeder which has many years of credit to their line, and can prove their dogs/puppies are safe, that no unknown breeds have been used in the breeding program--- activists instead,  steer people to obtain dogs that have completely unknown backgrounds.  Kids are harmed by dogs every day!!!  Hospital data has proved this for many, many years!!

   A 2013 study published in the Journal of the American Veterinary Medical Association about dog bite-related deaths in the U.S. from 2000 to 2009 — which was later updated to include data up until 2015 — showed that there is no correlation between dog breed and dog attacks...the main reason is due to fact that "visual" identification of a canine by bystanders, animal control and law enforcement--do NOT prove the dog's breed identification. While many dogs may APPEAR to show outward characteristics of certain breed types, the truth is that a mixed breed dog can be a combination of many breed types mixed together, and it's pure chance of how it appears on the outside.
     According to that 2013 study above, there are 7 'controllable factors' present in all dog bite related fatalities; factors included were named as follows:
  
  • no able-bodied person being present to intervene with a dog bite
  • the victim having no familiar relationship with the dog 
  • the dog owner failing to neuter or spay the dog
  • a victim’s compromised ability, whether based on age or physical condition, to manage their interactions with the dog
  • the owner keeping the dog as a resident dog, rather than as a family pet; this includes keeping a pet on a chain outside or keeping a dog locked in a basement
  • the owner’s prior mismanagement of the dog
  • the owner’s abuse or neglect of the dog
What this boils down to is this: ANY PERSON WHO IS GOING TO INTERACT WITH AN UNKNOWN, STRANGE DOG, NEVER-BEFORE-MET; WHERE THAT DOG HAS NOT BEEN SOCIALIZED ON A REGULAR BASIS, OR HAS BEEN ABUSED OR NEGLECTED--- ESPECIALLY IF TIED OUT FOR MUCH OF ITS LIFE................you have the makings of a very dangerous meeting. 
       Anyone who knows dog behavior would NEVER take, meet, or approach a strange dog alone, especially under these conditions, and especially if the dog is medium to large. It doesn't matter if it's a collie or a GSD. Never approach a strange dog in any situation, especially if you have kids with you who are not trained in safety with dogs in general.  Having worked as former animal rescue , we ran into many hundreds of would be owners that knew absolutely nothing about dogs at all but just wanted to own one. 
            If you can't be bothered to find out what is required to adequately take care of a dog, you should not buy or own a dog. A dog is NOT like a cat. and if you are dumb enough to listen to animal rights and activists, you should not own an animal either--because activists believe animals are equivalent to humans, but better?
   
     Many parents know  (1) absolutely nothing about dogs and (2) just adopt anything from a shelter, without  (3)  any knowledge of breeds/traits, without considering the consequences, and  (4)  without even thinking at all. (We have done animal rescue ourselves for many years and witnessed many new parents who were complete idiots as to animals, but still felt they were smart enough to own a puppy or dog.....trust us, many parents are oblivious to buying or rescuing an animal and should never even own an animal.)

     Dumb people follow animal activist nonsense about never "buying" a puppy--but instead should adopt an unknown canine. The foolishness of that crap is so ridiculous that it is never surprising how dumbed down the public is re where to obtain an animal, especially when one just had a new baby!! That baby's life could have been spared if the parents had not been so dumb----no one forced them to take a giant dog and have it in their bed with the baby. How sad that stories like that are even told.  If people had common sense, things like that would never happen. And no shelter should ever sell such a dog to anyone with a new baby, period. 

* Attorney has many years of experience with animal cases and is well versed on animal law, breed specific legislation, basic dog laws, lawsuits involving animals, laws outlawing the sales of puppies, and far more. Attorney has worked with experts on such dogs, including one who testified in the landmark  case of U.S. v Stevens, where the United States Supreme Court found no guilt under the law as to Stevens.  See
      Attorney does not do lawsuits involving personal injury from dog bites, we leave those cases to personal injury attorneys. Attorney may consider challenging laws that violate animal owners' rights, such as when illegal conduct is used to trample the animal owners' rights (i.e., illegal seizure, etc.)


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Wednesday, January 1, 2020

Divorce: The Easy Way or the Hard Way

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Sunday, December 29, 2019

Attorney Wins Animal Law Post Seizure Hearing in Hollywood, CA

It's true, attorney Chan did win a post seizure hearing in Hollywood, CA when the seizure was done improperly.

Very few attorneys have ever accomplished this.  The Seizure Code for animals in California, is so poorly written, poorly updated, and convoluted, that even a seasoned Criminal law Specialist in Roseville had to ask attorney herein for help on the law in a different seizure case...

  The law under the CA Penal Code has been severely cobbled together and changed, year after year after year, and when reading this terribly written code, to be quite frank, it is actually not legal in more than one way. As in "as applied."  The reason for this is due to the statute which calls for a taking by the government, without a hearing.  In other words, it amounts to a forfeiture, like when a person is in possession of illegal contraband/or drugs--everything is forfeited. One cannot have a hearing on items that are actually illegal in the first place to own basically.

We have inside information that the people responsible for the law (an attorney in the Bay Area) had already told animal control that even though the law does not afford a "hearing", he recommended at his seminar on the subject, to give the accused a hearing anyway.  Obviously this means, this attorney knows his law is completely flawed, yet he has done nothing to change that law. That same attorney also appeared in Roseville and told Judge that it was the "Legislature's fault" because they passed the law. We call that-- nothing less than being an outright SCHMUCK. Wait until the law is actually challenged in Federal Court. It will have to be changed because it is obviously illegal.




We don't say that because we think we know everything, but because the law as written is simply illegal, we need a case usually, in order to have standing in Federal Court, to challenge it. There actually is such a case in Sacramento Eastern District on this issue, BUT the case is not premised on challenging the law itself, it is instead focused on other factors that happened in the case, and the moving party does not want to challenge the law for other reasons.

We can give out information on that case if you are interested, just call and ask 530 359 8810 and leave us a message. Very few attorneys are even aware of this case. We may write more about it later in 2020.

For  example of a seizure case in Federal Court, Los Angeles 2018, see
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/05/01/13-57002.pdf


Carolyn J. Chan - Chico, California Lawyer - Justia

Attorney Chan won rare post seizure hearing in West Hollywood where animals were seized but there was no actual exigency http://www.denverpost.com/aurora/ci_11001153 Attorney was counsel for animal owner, Denver Federal District Court, Aurora likely to drop breed ban if social media keeps pressure on....

Texas Court of Appeals, Anti-SLAPP Dog Case 
https://www.animallaw.info/case/maldonado-v-franklin

Saturday, November 30, 2019

NEW 2020 LAWS

The law expands who can petition a judge to confiscate someone’s weapons if they believe that person may be violent. Existing law allows police, immediate family members and roommates to request a restraining order. The updated law allows employers, coworkers and teachers to be able to do so. The law goes into effect Sept. 1, 2020.

The law gives victims of childhood sexual abuse until age 40, or five years from discovery of the abuse, to file civil lawsuits. The previous limit had been 26, or within three years from discovery of the abuse. It also suspends the statute of limitations for three years -- beginning Jan. 1, 2020 -- giving victims of all ages time to bring lawsuits if they wish.

SB 273 - Domestic violence statute of limitations
The law extends the statute of limitations to report domestic violence to law enforcement from one year to five years. The change would apply to domestic violence that happens on or after Jan. 1, 2020. It also applies to crimes for which the statute of limitations was in effect before Jan. 1, 2020, and had not run out. The law also requires more training for law enforcement on de-escalation techniques and interviewing victims in a different place from the suspect

The law gives heterosexual couples an alternative to marriage. It expands the option of a domestic partnership from same-sex couples to heterosexual couples. California law treats domestic partners and married people the same for tax purposes. But federal law does not recognize domestic partners. That could let some couples avoid the federal "marriage penalty," which is a higher tax resulting from when two people marry who have the same income.

Gig economy workersAB 5 requires independent or contract workers to be considered employees and not independent workers if the employer controls the work, if the work is part of the company's core business, or if the employer directs the worker in their job.       

May 2018: California Supreme Court Decides Workers Are Presumed Employees

Quinn Emanuel Urquhart & Sullivan, LLPMay 25, 2018
........A recent headline in the Los Angeles Times declared: “California’s top court makes it more difficult for employers to classify workers as independent contractors.” The headline is ironic in that the Supreme Court in Dynamex Operations West v. Superior Court (decided April 30, 2018) said it was setting a rule that would make classification decisions easier.    
But if by “more difficult” the Times meant “nearly impossible” to classify a worker as anything other  than an employee, as least for wages, then the headline makes a good point......

Family Law Attorney Chico C. Chan
Family law attorney in Chico, 
From Family Law Attorney Chico C. Chan 

"Affordable services, great reviews+references, 98.5% win rate, friendly down to earth service with a smile--no guts, no glory!"

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Saturday, January 24, 2015

Sacto Facilitator's Office has Limited Help for Clients

http://www.saccourt.ca.gov/general/docs/pn-family-law-self-help-center-facilitators-office-reduced-services.pdf
WITH 75% OF CLIENTS NOW REPRESENTING THEMSELVES IN FAMILY COURT........
The Sacramento Facilitator's Office has HUGE backlogs of clients, notably those trying to get help with their family law documents. Not only are the waiting times long, many people cannot even be seen after waiting all day. Many in person services are now only limited to emailing; and the clerks in the Family Court at the windows, are often not happy to serve people.

Most couriers who must wait in line for filing, charge about $100 just due to the waiting; some of them do not file at all, and it takes about 3 weeks now, to get a case number for a dissolution if one does not hand the first documents over directly to the clerk [meaning drop box and fax filing still take 3 weeks.]   This has created a large demand for document processing in this area, likely much more so than in other areas.

At the court downtown for civil filings, normally you must drop box initial filings. Then wait for weeks to get documents back. In some other counties, they have closed down courthouses. In others, like Butte County, they are almost finished BUILDING a new courthouse in Chico for 2015. If you have ever been in the Chico Courthouse on Oleander, you will understand why they built a new courthouse.

 If this has been the case for you, you will save time and money if you decide to work with a document preparer since you will likely not spend much time waiting in line, and in most instances you will not need to appear at the courthouse.