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Prevent Reverse Isolation Abuse with an Anti-Isolation Restraining Order

When it comes to most restraining orders, laws vary in the way individuals are protected from harassment, stalking, sexual abuse, and other intimidating behaviors. However, there is one threat of potential harm that most states have overlooked—isolation. Reverse Isolation Leads to Abuse Affecting mostly elderly and dependent adults, isolation became prevalent in response to the COVID pandemic. To keep vulnerable individuals protected from acquiring a deadly infection, family members were denied access to their loved ones. The phenomenon of isolating healthy individuals from the public, also known as reverse isolation, or reverse RO, allowed caretakers to abuse their positions and keep elderly and dependent adults isolated based on a perceived threat, regardless of whether isolation was necessary. Those in a position of power could now control, exploit, or take advantage of these vulnerable adults and family members had no recourse against it. California Assembly Bill 1243 Is Signed into Law Because of the unique physical, mental, and emotional harm isolation may have on vulnerable adults, California Governor Gavin Newsome signed Assembly Bill 1243 into law. Taking effect on January 1, 2023, AB 1243 is an extension to the Elder Abuse and Dependent Adult Civil Protection Act. It grants someone with a personal relationship with an elderly or dependent adult the right to seek an anti-isolation restraining order to regain their ability to communicate with their loved ones. Why Is an Anti-Isolation Restraining Order important? The only individuals allowed to seek protective orders before the passage of AB 1243 were the elder or dependent adult or their conservator, trustee, or attorney-in-fact. Allowing for anyone to petition for an anti-isolation restraining order allows these vulnerable adults to maintain important and desirable familial connections and protects them from being abused or neglected. How to acquire an Anti-Isolation Restraining Order According to AB 1243, any interested party—defined as any person with a “personal, preexisting relationship with the elder”—may petition the court for an anti-isolation restraining order. Interested parties must provide evidence that: They have had significant contact (i.e time spent together and proof of a meaningful connection) with the elder prior to isolation; they have repeatedly been denied contact; the elder or dependent desires contact with them; and isolation has nothing to do with the elder’s desire to distance themselves from them. To begin the process, file the California Judicial Council Form EA-100 and/or the Request for Elder or Dependent Adult Restraining Order Allowing Contact (EA-300) with the court. A court date will be assigned within 25 days of the filing. If granted, the anti-isolation restraining order may last for up to five years and can be renewed if necessary. Anti-Isolation Restraining Order Exceptions Unfortunately, no one may seek an anti-isolation restraining order if the elder or dependent adult is currently in a residential or long-term care facility. Please speak with a qualified family law attorney at King Law Firm Attorneys at Law, Inc. if you feel your loved one is being isolated or abused. Check out our most recent episode of Gavels Down, Voices Up!

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Landlord Rights in the time of COVID-19

In March 2020, California Governor Newsom signed legislation for AB 3088, or the COVID-19 Tenant Relief Act (CTRA), putting a freeze on tenant evictions if they could prove a financial hardship due to the COVID-19 pandemic. The bill was a landmark piece of legislation that has helped plenty of tenants remain in their homes during this unprecedented crisis, however, many landlords have also suffered, as they are unable to meet their own financial obligations. The CTRA does include some protections for landlords, but that doesn’t mean it protects or mitigates them from all financial impacts. What can landlords do, then, under this law to help protect their investment? Contact Your Lender Some landlords may have cash in reserve to help them weather the storm. However, if you rely heavily on monthly rents to pay your mortgage, contact your lender to see what types of protections may be in place. Make sure to ask if your loan is backed federally. If it is, you may request forbearance in accordance with the CARES act to help you from becoming delinquent. If not, there may still be forbearance options and other state and federally funded programs or property tax breaks available. Seek Agreements from Tenants No one wants to cause undue burden on their tenants. Make good-faith efforts to help them as much as possible. For instance, if your current financials allow, waive rent for a month or two, postpone rent payments or create a payment plan that will help them get back on their feet. If you are struggling, ask the tenant if they can pay a small portion, or help them seek financial assistance from the government. Refer to the disaster loan assistance web page for guidance. Make sure to document these efforts. Evictions Although the CTRA Act places a moratorium on evictions due to COVID-19 financial hardships, a landlord may still evict a tenant for a variety of other reasons, including pet violations or nuisance claims. However, make sure to follow the steps mandated by law and seek the guidance of an qualified attorney before moving forward. For example, Landlords must provide their tenant with a Declaration of COVID-19-related financial distress along with any eviction notice. The tenant is required to sign and return this declaration within 15 days. This is just one of many requirements landlords must meet in order to evict a tenant while the CTRA is in effect. State Rental Assistance Program If a landlord chooses to file for the State Rental Assistance Program, they may be reimbursed for any unpaid rents up to 80 percent if the landlord agrees to waive the other 20 percent. Lawsuits Remember, the CTRA is a moratorium on evictions, not rent. Upon the termination of the CTRA, landlords may file a suit in small claims court (beginning August 2021) for all unpaid rents. You must prove that you have made all good-faith efforts in helping the tenant with this burden.

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New California Laws – 2021 Edition

The calendar has changed once again. Although a new administration has entered the White House and there’s hope that the 2020 chaos is officially in the rear-view mirror, there is still uncertainty in what 2021 has to offer. One thing we can count on, though, is the annual enactment of new California laws. Due to the pandemic, the number of new laws going into effect on January 1 (372 in all) is the lowest amount since 1967. Here are some highlights of the new California laws that may most effect you, your family and your business. Safety AB47 –Beginning July 2021, two convictions for texting or talking on the phone while driving will now add a point to your record. AB1196 - Police officers are no longer allowed to use chokeholds or other restraints that may suffocate a suspect. AB2717 – A person is now protected from civil or criminal liability If they break a car window to rescue a child. Youth football leagues can no longer have more than two half-hour full-contact practices per week and medical personnel must be present at all games. Business AB979 – By the end of 2021, any publicly-owned company with at least five members on their board must include at least two women, and any board with over six members must have at least three; boards with at least four members must also have two or more directors from underrepresented communities. AB2017 – Employees may now use sick leave for whatever reason they deem necessary. SB 973 - Businesses with one hundred or more employees must submit annual pay data based on race, ethnicity and gender. SB1159 – Employees who contract COVID-19 on the job now have expanded worker’s compensation assistance. SB1383 – Companies with five or more employees (down from fifty employees) must now allow up to twelve weeks of family leave. The minimum wage rises $1 to $14 per hour for companies with over twenty-five employees and $13 at companies with twenty-five or less employees. COVID-19 and Health AB685 – Businesses will be required to notify employees (and the general public) within a day of any exposure to COVID-19 until 2023. AB 2537 - Hospitals may be fined up to $25,000 per violation if they fail to maintain at least a three-month stockpile of personal protective equipment (PPE). SB855 – Private insurance companies must cover all medically necessary mental health and substance abuse disorder treatments in full. Home Proposition 19 requires inherited property to be used as a primary residence or have its tax value reassessed. Education AB376 - Student loan service regulations now require companies to inform borrowers if there are any programs to lower their monthly payments or forgive the debt. Students who enroll in the fall semester of any California State University will be required to take an ethnic studies course to graduate. Misc. Pet stores may display dogs, cats and rabbits from shelters or rescue groups, but can no longer sell these animals. Proposition 17 allows felons who have served their time the ability to vote.

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Warner Bros. 2021 Films Move to HBO Max - Brilliant Move or Bad for Business?

Businessmen and women must constantly walk a fine line when using transparency in long-term decisions that affect their vendors, partners, shareholders, clients and customers. On December 3, WarnerMedia officially announced that they would be debuting their entire slate of 2021 film releases, including Dune, Matrix 4, Godzilla vs. Kong, and The Suicide Squad, on their fledgling HBO Max streaming service day-and-date with their theatrical release — without first informing any of their strategic partners. Good Strategy or Bad for Business? The deal presented by WarnerMedia states that movies will only be streamed for the first 30 days of release, at which point theaters will have exclusive rights for a specified amount of time before the film goes to video-on-demand and DVD, as well as the eventual return to HBO Max. This is a good, strategic business decision on Warner’s part, as it will allow fans a choice as to how they wish to view the film — whether in the safety of their home or as a communal experience in the theater — limit the losses of films that might not have made blockbuster-levels of money, and bolster a new revenue stream and the reputation of their streaming service. However, the studio did a disservice to everyone involved in the productions, and the theater chains who are still struggling to survive, by unilaterally making this decision without first consulting any of their strategic partners. This has caused a firestorm of negativity from directors, theater chains and the Director’s Guild of America (DGA). Denis Villeneuve, director of the upcoming Dune, said in Variety that “with this decision, AT&T has hijacked one of the most respectable and important studios in film history…. Economic impact to stakeholders is only one aspect of corporate social responsibility. Finding ways to enhance culture is another. The moviegoing experience is like no other. In those darkened theaters films capture our history, educate us, fuel our imagination and lift and inspire our collective spirit. It is our legacy. Long live theatrical cinema!” DGA national executive director Russell Hollander said the decision was “unacceptable” and “contrary to both the long-standing relationship between the DGA and Warner Bros. and explicit representations made by senior executives to the DGA on this very issue.” He went on to state that, “The unilateral decision to release the entire 2021 slate day-and-date on HBO Max, without any prior discussion or even basic information provided in advance to the Guild, is inconsistent with our dealings over the years. While we certainly realize the industry is not immune to the effects of the COVID-19 pandemic, changing release patterns in the way WarnerMedia has announced will deeply impact our members.” AMC Theaters stated that “ have been exacerbated by the announcement by Warner Bros. that its entire studio film slate for 2021 will move to simultaneous release, which may result in other studios adopting a similar strategy.” COVID-19 Effect The decision was made in most part because of the uncertainty that still plagues COVID-19. No one thought that movie theaters and studios would be closed for as long as they have been, and, although the vaccines show promise for a better tomorrow, when and if things ever get back to “normal” is still a mystery. Regardless, WarnerMedia’s decision to push all of Warner Bros.’s movies to the streaming service is undoubtably premature. “Warner Bros. had an incredible machine for getting a filmmaker’s work out everywhere, both in theaters and in the home, and they are dismantling it as we speak," says Christopher Nolan, director of Warner. Bros.’ most recent Batman trilogy. "They don’t even understand what they’re losing. Their decision makes no economic sense and even the most casual Wall Street investor can see the difference between disruption and dysfunction.” Ultimate Takeaway It’s okay to make decisions for the benefit of the business and your shareholders, but you have to remember you have business partners, clients, employees, vendors and others that need to be informed of decisions that will affect them prior to any big announcement. WarnerMedia may have had the right intentions, but their execution was inherently flawed. If you plan to make a major change in your business, please consult an attorney who can help guide you through the most effective way to announce this change to everyone involved.

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Handling Family Members During COVID-19 Holidays

For some, the holidays mean excitement, great food, welcome conversation, and visiting with loved ones. For others, this is the beginning of endless stress and anxiety. Regardless of where you fall, 2020 has only heightened the stress and anxiety that comes along with the holiday season. All a lot of us really want to do is crawl into bed and stay there until New Year’s (and with current health restrictions, that may be possible). Yet, most of us still want to be with our families over the season of thanks and giving. How do you get through COVID-19 holidays unscathed? Here are a few quick suggestions. Be mindful of other people’s views of the pandemic We all know COVID-19 exists and can be potentially dangerous for certain people, but some believe the risks of spreading or catching the virus to be minimal in relation to being near loved ones over the holidays. Others believe the exact opposite. Respect both viewpoints; let those who want to get together do so without ridicule or anger and allow those who are extra cautious join in on the festivities virtually. Keep potentially upsetting topics off-limits Politics is always a hot-button topic. To avoid fistfights, make sure anyone who attends your holiday party, in-person or otherwise, understands that anything having to do with the elections, the pandemic, or government in general is off-limits. This goes for any other topic that may ruin the fun for everyone else. If heated topics do come up, be mindful of what you say and always respect the other person’s opinion. Keep your alcohol intake low We know after this year you deserve to have as much alcohol as you want during the holidays. Just remember, inebriation could lead to uninhibited antagonization. You can drink to your heart’s content after everyone goes home, but while family is around, moderation is key. Plan smaller gatherings Instead of inviting all fifty brothers, sisters, aunts, uncles, cousins, grandparents and grandkids to your home, try setting up several smaller gatherings and then virtually connect them all together. This way, you can feel safe, your stress level won’t be as high, and when you’re ready to leave, all you have to do is turn off the computer. Know when to say no It’s always hard to say no to family. However, you shouldn’t feel obligated to spend time with them. When it comes to your mental health, occasionally you have to be selfish. Luckily, COVID-19 just made saying no that much easier. If you aren’t comfortable traveling, or feel others traveling may be too much of a health risk, ask to attend virtually or let them know you are having a small private gathering with your immediate family. Regardless of your plans, we at King Law Firm Attorneys at Law wish everyone a safe, healthy and prosperous holiday season. And to give you a head start on the festivities, here’s a recipe for delicious homemade Hot Apple Cider — with and without alcohol! Ingredients 10 large apples, quartered 1/2 orange, halved 4 cinnamon sticks 1 tsp. cloves 1 tsp. whole allspice 1 whole nutmeg 1/2 c. packed brown sugar Directions In a large stockpot over medium heat, add apples, oranges, spices, and brown sugar. Cover with water by at least 2”. Bring to a boil, then reduce heat and simmer, covered, 2 hours. Remove orange halves Use a potato masher or wooden spoon to mash apples. Return to a simmer and let simmer uncovered for 1 hour. Strain through a fine mesh strainer, pressing on solids with a wooden spoon to squeeze all juices out. Discard the solids. For a more festive alternative, add rum, brandy or bourbon and simmer an additional 10 minutes. If kids are around, separate some of the cider into a separate pot and then add rum, brandy or bourbon and simmer an additional 10 minutes. Serve apple cider warm.

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Top 5 Positive Impacts of COVID-19 In Law Firms

As COVID-19 continues to swarm our lives with negativity, King Law Firm Attorneys at Law has remained positive. When it comes to law firms, court houses and legal matters, there are a lot of aspects that on the surface could be considered harmful or cause unnecessary hardship to the client. However, when you really get to the root of these issues, the majority of them are actually a blessing in disguise. Here, we take a look at the top five positive impacts that COVID-19 has had on the legal industry. 1. Client Communication Instead of trying to remember to update the client, missing phone calls, leaving messages, and the constant back-and-forth of setting meetings, many law firms have started utilizing cloud-based client-portals to store all client information. Everything from billing, messages and documents can now be found in one convenient place. Zoom meetings and conferences calls are also becoming more prevalent to the point that almost all meeting and consultations are done this way. 2. Document Signings Much like client communication, electronic devices have become almost indispensable. Before COVID-19, standard practice was that all documents had to be signed in person. This isn’t the case any longer, as almost all non-notarized documents can be signed with an e-signature. This one small change created a convenience no one knew they needed. 3. Electronic File Sharing Along those same lines, electronic file sharing has made life much easier for both lawyers and clients. Instead of having to print, copy and send a myriad of documents, lawyers can now utilize cloud-based services to transmit documents to everyone involved. Not only does this save everyone money, it saves a few trees in the process. And who doesn’t want that? 4. Telephonic Court Hearings What if you were a single mom, juggling two jobs and three kids? Before COVID-19, scheduling a court appearance was extremely stressful and could cost a lot of money in daycare and wages. The continuing threat of transmission of the virus has since led courts to hear cases telephonically. This allows someone who has to stay home for school or work to attend their hearing without ever stepping foot outside the house. 5. Less Travel Travel used to be a necessary evil in litigation. Lawyers would charge for their time commuting to and from the courthouse and clients had to deal with the added stress of traffic. As the courts transition into telephonic hearings, travel time has been cut down dramatically, saving money and time for both lawyers and clients. A lot of this is never going away, even after the hysteria behind COVID-19 subsides. King Law Firm has adapted to these new regulations seamlessly and without ever closing our doors. No matter how long COVID-19 lasts, you can count on us to help you through all of your legal matters, fight for families and businesses every day, and continue to win cases despite having not stepped into a courtroom since the pandemic began.

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Child Custody Across State Lines and the Ramifications of COVID-19

After a divorce, parents may feel they and their child need a change of scenery. This is understandable; however, always make sure to inform the non-custodial parent if that change of scenery means taking a child across state lines. Temporary Vacations If this change is temporary, say to visit relatives or go on a vacation, non-custodial parents generally won’t mind, so long as it doesn’t interfere with any current custody orders or travel restrictions. Regardless, informing the non-custodial parent shows respect and allows you to obtain written consent should any future disputes arise. Permanent Moves Moving a child to a new state permanently is a different matter. Even if you have sole physical custody, there’s a possibility you could be charged with child kidnapping, especially if the non-custodial parent did not know about the move. In California, a parent must give the non-custodial parent 45 days’ notice prior to a move. Should the non-custodial parent dispute the move, both parents will make their case in front of a judge for the best interest of the child. Factors that may be considered include: The reason for the move; Distance from the non-custodial parent; and Impact on the well-being of the child. Visitation In the Wake of COVID-19 If moving a child out-of-state after a divorce wasn’t complicated enough, when it comes to visitation and custody arrangements, there’s still considerations we must adhere to when dealing with the ramifications of COVID-19. Luckily for most parents, courts are no longer using COVID 19 as an excuse to keep non-custodial parents from exercising their visitation rights. Unfortunately, that still may not stop some custodial parents from using the following excuses to attempt to deny a non-custodial parent visitation: One parent works in healthcare, are constantly exposed to large groups of people, or have tested positive for the virus; There are stay-at-home orders or regional lockdowns in place; One parent disagrees with current mandates, such as wearing masks, washing hands or social distancing. One parent seeks to move to, or currently lives in, a hot spot; The parents live too far away from one another; A child must travel on a plane, or there are travel bans or quarantines in place. It may seem respectful to listen to, and acknowledge, some of these concerns, however if visitation is being denied for any of the above reasons, it’s important to seek legal advice and/or seek a court intervention immediately. COVID-19 has made living hard on everyone, but no more so than on parents who want to share in their child’s lives. Just remember, whatever the situation or concerns may be, it is always best practice to talk to a lawyer about your specific case before making any travel arrangements or permanent moves.

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Doing Business Post-COVID-19

Many businesses have had to find new and inventive ways to serve their clients and customers over the past few months. This includes employees working from home, an expansion in teleconferencing, and conducting customer relations via phone and online video. King Law Firm Attorneys at Law, Inc. transitioned through the pandemic maze with great efficiency. However, law firms were particularly hit with one major issue that couldn’t be immediately rectified — the closing of court houses, which inevitably furloughed thousands of cases nationwide. With the pandemic waning and businesses and courthouses once again opening, King Law Firm Attorneys at Law, Inc. is making a concerted effort to follow ever-changing state mandates to help mitigate the spread of COVID-19. Here are some of what we are doing to keep our employees and clients protected and healthy as we begin the process of reopening. Our offices are once again open to the public. Those who would like a return to face-to-face meetings are welcome to do so, but, in accordance with state mandates, we must ask everyone to wear a mask and continue social distancing practices while inside the office. If you cannot wear a mask due to health conditions or disabilities, we are happy to offer safe alternatives. Some of our lawyers, paralegals and staff are still working remotely as permitted by their workloads and will be available for phone and video conferences for anyone who would prefer those methods of communication. Courts are opening with restrictions that may affect our clients in different ways. Along with mandatory face mask and social distancing requirements, only clients, attorneys and witnesses may enter the court room (no family or friends will be allowed) and service hours are being limited, which means less cases throughout the day. We will make sure to inform each of our clients of the restrictions prior to any court hearing and offer any safe alternatives if needed or requested. There are many alternative filing options, such as outdoor service windows and drop box locations, and documents may be filed by mail or online when available. There is a new project for online courts in the works that may give the justice system a new, robust and remote alternative in the near future. This would include a virtual, self-help forum for clients to better understand their rights and obligations. Until this system is operational, more information will be offered online for you to make a clear, well-thought out decision before moving forward with your case. No matter how long the COVID-19 pandemic may last, one thing is certain: almost all of the above modifications will be long-lasting changes within the industry. Lucky for us, these changes will allow for more relaxed interactions with our clients, more efficiency in how cases are handled, more collaboration between colleagues, and a much better balance between work and family for all involved. Check out or YouTube Channel for more information and updates.

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Divorce Is A Last Resort: Staying Married Through COVID-19

There is always an abundance of emotion in a time of crisis. Right now, as we attempt to navigate through the realities of the COVID-19 pandemic, many of us are faced with an extra amount of personal, financial and professional stress, anxiety, fear and uncertainty. Marriage is hard enough during regular times; it’s even more heightened in a time of crisis, especially one where outlets, such as sporting events, bars and churches, have been stripped away from us. With stay-at-home orders and shuttered business, spouses (and their children) are being forced to spend much more time together. This normally wouldn’t be considered a bad thing, but in this environment, coupled with financial strains, many people may believe the only way out is through divorce. However, major life changes should never be made in heightened emotional situations. Though this type of decision may feel right at the time, it will almost always lead to regret, and possibly depression, once the crisis has subsided. Before making the rash decision to file for divorce in a time of crisis, consider the positive aspects of marriage and what you can do to help it successfully survive the pandemic. Communicate Openly and Often What you don’t say can be as harmful as what you do say. Having a strong foundation of communication, whether with your spouse, a friend or family, will help you start thinking rationally about how the current situation is affecting you and your relationship. It may be hard, but it’s important that you find a way to express yourself. More importantly, always take your spouse’s fears, dreams and frustrations into consideration. You aren’t the only one feeling the stress of the situation. Doing so can help each of you find a new way to release the negative energy that may be festering beneath the surface. Start or Resume a Hobby Whether it be gardening, household repairs or journaling, giving yourself something to do alone can help relieve the stress that’s building up individually and as a couple. Find Fun Things To Do Together Laugh, dance, watch Netflix, go for a walk — anything that removes you from the stress of the situation. Share in Parenting Duties Take turns teaching and spending time with your children. This will allow your spouse some much needed alone time. The Exception to the Rule – Abuse No one should remain in a marriage or a relationship with an abusive spouse. Mentally or physically, abuse is amplified in a crisis situation. If you are in an abusive relationship, please contact the authorities or talk to a lawyer to learn about your rights, how to safely escape your situation, and get legal protection. The thing to remember is, filing for divorce to save your marriage is never the answer, yet no two situations are the same. If you have questions, please feel free to consult King Law Firm Attorneys at Law via phone, online or in person. For more on this topic, check out our quick video.

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