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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 

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Family Law Attorney Chico C. Chan
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