Sunday, April 12, 2020

Originally Posted  Saturday, November 30, 2019


NEW 2020 LAWS, Including Guns/Domestic Violence, Childhood Sexual assault, Domestic violence SOL

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......

Thursday, April 9, 2020

EMERGENCY RULES 4/6/20--AFFECTS DV TROS,PROTECTIVE ORDERS,AND MORE!,

FOR TEMPORARY RESTRAINING ORDERS OR PROTECTIVE ORDERS, INCLUDING CRIMINAL PROTECTIVE ORDERS.............

SEE RULE #8                                                                       

    http://www.glenncourt.ca.gov/general-info/documents/CRC%20Emergency%20Rules_Effective%204-6-20.pdf


Rule #1   Unlawful Detainers
        # 2   Judicial Foreclosure

         #3   Use of Technology for Remote Appearances
         #4   Emergency Bail Schedule
         #5   Personal appearance waivers of defendants during health emergency
 
         #6  Foster care Hearings and continuances during state of emergency
         #7  Juvenile Delinquency Proceedings

         #8  EMERGENCY ORDERS--TRO OR PROTECTIVE ORDER
              >     The Courts MUST provide means for the filing of EX  PARTE  requests
                for temporary restraining orders, via a physical location, drop box, or if feasible, via                       electronic means.

         #9  TOLLING OF STATUTES OF LIMITATIONS FOR CIVIL ACTIONS

         #10 EXTENSIONS OF TIME TO WHICH TO BRING A CIVIL ACTION TO TRIAL