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Let’s be clear: plastic straws have not been outlawed in California. However, as of January 1, 2019, restaurants (with the exception of fast food) may not provide you with a plastic straw unless you specifically ask for one. In addition, all restaurants must provide a healthy drink, such as milk or water, as the default beverage in a child meal. As usual, this is just the tip of the iceberg. Below is a list of the laws implemented at the beginning of 2019, categorized by importance to our clients. Small Business Regulations Street vendors are free to sell on California streets, but are subject to regulation if they’re in violation of health, safety or public welfare standards. (Read Bill) Corporate Business Regulations If an employer is required to obtain information about a conviction, or a job applicant would be required to have a firearm, employers may ask the applicant about particular convictions regardless of whether they have been expunged, are sealed, eradicated or dismissed. (Read Bill) Employers may not force any employee to sign a waiver or non-disclosure agreement in order for the employee to be hired, earn a raise or get promoted. (Read Bill) Claimants in sexual harassment suits can choose to keep their name private, while employers may no longer secretly settle or hide factual information in regard to sexual harassment or discrimination claims. (Read Bill) Employees are protected from defamation lawsuits when an allegation of sexual misconduct is based on credible evidence or without malice. (Read Bill) Publicly held corporations must have at least one female on their board of directors by the close of 2019. (Read Bill) Companies must make a reasonable effort to provide a room that is not a bathroom for breastfeeding. (Read Bill) Juvenile Law Minimum age for prosecution in juvenile court is now 12, except in the case of murder or rape. (Read Bill) No child under the age of 16 may be tried as an adult or sent to prison. (Read Bill) Social Policies An “X” will appear on driver licenses for those who do not identify as male or female. (Read Bill) Breeding of cats, dogs and rabbits is now prohibited in pet stores. (Read Bill) Students are free to wear religious and cultural adornments during graduation ceremonies. (Read Bill) Law Enforcement Police must release all body camera footage to the public within 45 days of an assault or death at the hands of an officer. (Read Bill) Anyone convicted of misdemeanor domestic violence is now prohibited from possessing a firearm for life. (Read Bill) Licensed firearm dealers may not sell long guns (rifles or shotguns) to anyone under the age of 21, except when that person is in law enforcement or the military. (Read Bill) Ammunition and bullet drums may now be confiscated along with the weapon. (Read Bill) Personal and Public Safety Gun owners must participate in eight hours of proficiency training prior to receiving a concealed carry license. (Read Bill) Driver’s found guilty of DUI must install a temporary breathalyzer in their car. (Read Bill) If you would like to know more about these, or any laws not listed above, visit California Legislative Information.

There are currently hundreds of thousands of children in the U.S. foster care system. To help shed light on foster care and adoption, director Sean Anders tapped into his own experiences to co-write and direct the new film, Instant Family. There’s a lot you can to take away from the film if you’re considering adopting a child from foster care because most of what happens is grounded in some amount of truth. However, there are still a few things you should know that were left on the cutting room floor for creative reasons. Parenting Classes In the film, before Pete (Mark Wahlberg) and Ellie (Rose Byrne) are even allowed to consider adopting, they must first go through a series of parenting classes. These classes, also known as “pre-service training”, are a requirement in order for prospective parents to learn how to deal with the effects of trauma, integrate children into their family, and form supportive relationships with other parents. What isn’t discussed is licensing. Anyone wishing to foster or adopt must be licensed, and it’s encouraged (or required) by most states that you get duel-licensed in order to foster a child prior to adopting them. The licensing process, which includes an interview, forms and several background checks, can be a bit tedious, which is probably why it was left out of the film. Foster Child Fairs After Pete and Ellie finish their classes, they attend a foster child fair, in which they’re able to meet several children and pick which ones of interest. This may seem to be fictionalized for expediency, but fairs like this do happen, and include games and events that pair adults with children to help them bond. What’s harder to pin down is a requirement to keep siblings together. If Pete and Ellie want to adopt a specific teen, they’re required to take her younger siblings as well. Though social services does recommend that siblings stay together for the health and stability of the children, it’s not clear whether a child can request this as part of their acceptance into a new home. Parent Support Groups Throughout the film, Pete and Ellie are seen in a support group that includes all of the different parents from their classes. Though parents are highly encouraged to attend support groups to discuss their fears and anxieties without judgement, the possibility that it will be with the same couples you were with in pre-service training is highly unlikely, due to scheduling conflicts or other personal matters. Biological Parent Reunification One element of the film that takes some liberties is in the children’s biological mother returning. Pete and Ellie are taken by surprise, but in real life, if there was even a possibility of reunification, this would have been disclosed to them early on, and may have even been part of the deal when taking them. To learn more about foster care and adoption in California, visit the National Foster Care and Adoption Directory Search.

We’ve all heard or seen stories of someone obtaining a restraining order because they have been abused in some way and wish to keep someone from coming within a certain distance out of fear for their safety. What we don’t often hear, but is just as prevalent, is elder abuse. According to the National Center on Elder Abuse, one to two million elders in the U.S. suffer from some type of physical, mental or financial abuse. What is elder abuse? Perpetrators of elder abuse may be family members, caregivers and nursing home employees who deprive a person over the age of 65 basic living essentials or cause them physical, financial or mental harm in some way. This may include neglect, abandonment, isolation, abduction or any subsequent behavior that causes the person to feel afraid or controlled. What is an Elder Abuse Restraining Order used for? Many laws have been put in place to protect the elderly from abuse. An Elder Abuse Restraining Order may be filed on the basis of: Personal Conduct, which forbids the person being restrained from abusing, intimidating, stalking, threatening, calling, emailing, texting, or destroying property of the person filing the order; Stay Away, which requires the person being restrained from coming within a certain distance (usually between 50 and 100 yards) of friends, family, caregivers, the residence, work, or other places the person filing the order frequents; or Move-Out, which forces the person being restrained to immediately move out of the home of the person seeking the order. Depending on the type of abuse claimed, the person being restrained may also be forbidden to own and/or purchase a firearm. Who can file an Elder Abuse Restraining Order? If the person being abused is unfit to file the necessary paperwork, the order may be filed by any of the following: a conservator, trustee, guardian, attorney-in-fact, or Guardian ad Litem (someone with a power of attorney or authorization to act on their behalf). What forms need to be filed? To begin the process, the person being abused must fill out form EA-100, the Request for Elder or Dependent Adult Abuse Restraining Order. A declaration of specific past act(s) that have led to harm may also be needed to convince the court that imminent danger is present. Once the restraining order has been issued, the person being restrained must be served the paperwork. Law enforcement can help enforce the restraining order free of charge, but a Proof of Personal Service (CLETS) form ( DV-200) must be filled out by the officer. As always, it’s best to consult with an attorney find out the best options for your particular situation.

We all love to believe that when we meet that perfect someone, we’ll walk with them into the sunset of life. The truth is, people and relationships often change, tearing down a marriage just as fast as building it up. Divorce is hard no matter the circumstances, but if kids are involved, couples must consider their feelings and sensibilities over their own, making sure they act in their child’s best interest during and after the divorce. To help initiate custody arrangements during a divorce, especially a contentious one, many states, including California, require couples who have custody or visitation orders that are being contested (and in which civil communication has broken down) to attend a child custody mediation prior to going to court. Though this may be a bit irritating for some, the process itself can be extremely beneficial in a variety of ways. Mediation allows parents to air their grievances and resolve their differences. Divorce can be a very personal matter, and when arguments aren’t controlled, things can spiral very quickly. Mediators are licensed professionals with specialized training in family matters, including, but not limited to, child development and conflict resolution. Mediators must also have at least two years of experience working in the mental health field. These qualifications allow the mediator to be impartial as they listen to the concerns of each parent, mitigate any conflict that may arise, and support each parent’s needs while helping the couple make compromises that they may not be able to make without the help of an outside observer. Mediation guarantees the child comes first. The mediator acts as surrogate for the child to make sure the arguments for custody and visitation remain focused on the health, safety and welfare needs of the child as opposed to that of the parents. Mediation is private. Airing one’s grievances and opinions in a private setting allows for a more relaxed environment and more civilized conversation. In some states and counties, everything that’s said within a mediation remains completely confidential, though in counties such as Riverside and San Diego, mediators are allowed to offer the judge a recommendation based on what’s said during mediation. In the case of a victim of abuse, mediation can be done separately so that the victim does not have to confront their abuser during these proceedings. Mediation sets the tone for the relationship after the divorce. Mediation helps a couple discuss their differences openly, calmly and without blame, which allows the parents to learn how to compromise and set a good, honest, healthy example for the child moving forward. Because child custody mediation does not typically allow anyone but the parents into the room, it’s always best to consult a lawyer prior to mediation to make sure you understand what will happen and be prepared with a custody plan and reasons for why you feel it’s in the best interest of the child.

New laws are coming in 2018. Which ones may affect you? Did you know before this year it was illegal to enter a crosswalk after the “Don’t Walk” symbol begins flashing? With over 900 bills signed into law last year, it’s nearly impossible to know what is and isn’t legal. The majority of laws going into effect this year won’t affect most of our daily lives, but there are a few everyone should know. Many sanctuary state laws will be taking effect. Police may no longer ask a person’s immigration status. Immigration officials must present a warrant to access employee records. Universities and businesses are prohibited from cooperating with federal immigration officials. Landlords may not report illegal renters. State agencies and officials who work with children do not have to report immigration violations. Recreational marijuana is legal. What you may not know is: It’s illegal to smoke or have any open containers of marijuana while driving, or to drive while under the influence of marijuana. You must have a state-issued license to sell recreational marijuana. Business owners will see some major changes. Minimum wage rises to $10.50 or $11 based on the number of employees. Employers must offer up to 12 weeks of unpaid maternity leave. Employers may not ask an applicant about their salary history or perform a background check until after an official employment offer has been presented. Sexual harassment training must include gender identity and sexual orientation harassment. Schools and Universities will change in varying ways. Children may no longer be denied meals if their parents fail to pay their fees. Free tampons must be provided to junior and senior high students attending schools where poverty-level students make up at least 40% of the class. The high school exit exam has been eliminated. Per-unit fees will be waived for first-year students attending community college. LGBT laws continue to expand. A “non-binary” status option will be available for all state documentation. It will be illegal for long-term care facilities to discriminate based on gender identity or sexual orientation, or repeatedly fail to use a resident’s preferred name or pronoun. Gun regulations ramp up. All ammunition must be bought or transported across state lines through a licensed dealer. Gun owners convicted of a felony must turn over all firearms. Anyone convicted of a hate crime will be unable to purchase firearms for 10 years. A serial number must be purchased from the state for every home-made weapon. A few safety and environmental measures will also take effect. Incandescent lightbulbs will no longer be shelved. Public venues undergoing heavy renovations will be required to include a baby changing table in men’s bathrooms. Drivers with certified medical conditions may tint their windows. And finally, some local and state issues. Neighborhood polling places will be closed in favor of mail-only elections. Vehicle registration will rise between $25 and $175 depending on the value of the vehicle. Pharmaceutical companies must give advance notice before any large rise in costs.

In a lot of movies, we often see grieving families gather together to observe the reading of the deceased’s will, after which, everyone receives their inheritance without a lot of fuss. The reality concerning the distribution of assets (also known as probate), though, is far more complex. An executor must be named to oversee the collection, assessment and appraisal of all assets, as well as the forgiveness of debts and other financial matters. What most people may not know is that this executor may also be required to post a probate bond prior to executing his or her duties. Why? What is a Probate Bond? Also known as a fiduciary, executor or estate bond, a probate bond guarantees that the appointed executor complies with all mandated state laws and will ethically fulfill his or her duties. If the executor does not faithfully execute the will, claims can be made against the bond, allowing the defrauded to be compensated for their full inheritance. Do I need to post a bond? Not always. Bonds apply when a will is drafted and includes a requirement. However, the executor may seek to waive the bond by collecting signed written waivers from all of the beneficiaries and providing the court a written declaration that details the solvency of the estate as well as all of its creditor, tax and other contingent liabilities. Bonds also apply to intestate probate (in other words, probate wherein a will was not drafted). In most cases, the court will require a personal representative or administrator to post bond unless all beneficiaries waive the requirement. In either case, the court has complete discretion to require an executor or intestate probate representative to post bond in an amount up to the maximum estimated value of the estate. How do I post a bond? The executor will be required to fill out an extensive financial application from an insurance broker, surety agent, or bonding company. This application will then be provided to the court along with the will, detailed estate information, disputes among heirs, court bond orders, and the amount of the bond. Because bond issuers are acting as loan agents within the process, there are very high restrictions placed on these applications, and may be denied if the executor has very little assets or a poor credit history. In any case, it can be very difficult and costly to navigate the process of probate court, especially as an executor, so it’s always best to consult an attorney before diving head first into the murky waters of probate.

Still from "War of the Roses" With so much advice coming from all different directions — friends, family, lawyers, blogs — stress and confusion can keep you from making the most rational, logical decisions when going through a divorce. Sometimes it’s best to get out of your own head for a few hours, so we’ve compiled a few movies that might help put your current situation into perspective. The War of the Roses This film by Danny DeVito may not be the most obvious choice, but the fantastically dark tale of a couple (Michael Douglas and Kathleen Turner) who turn their lives upside down just to spite the other offers a meditation on what not to do when going through a contentious divorce. Although DeVito (who also plays a divorce attorney) tries to convince his client to work through their issues with his wife by telling him the story of the Roses, no one should stay with someone they don’t trust or respect. So, if reconciliation is not an option, remember that strong communication and a willingness to compromise is key to a smooth, stress-free divorce. Mrs. Doubtfire Robin Williams portrays a man who goes to extreme lengths to spend time with his kids after separating from his wife in this Oscar-winning film. On the surface, dressing up as an old British woman may seem borderline psychotic, but deep down, it’s merely the desperation of a man willing to change everything if it means becoming a better father (and a better man). In most cases, each parent loves their child equally, so keeping one parent from being a part of their children’s lives can hurt both the child and parent. Of course, not all parents deserve to raise their children, but before making any rash decisions, take a step back and be open to making a reasonable decision based on how willing the other parent is at changing their life. Kramer vs. Kramer Another Oscar-winning film that deals with the parent-child relationship, this film focuses most of its energy on custody. Meryl Streep plays a woman who leaves her husband (Dustin Hoffman) and child (Justin Henry), then returns months later to reclaim custody after the two men have formed a deep bond. Your job as a parent is to make the divorce process as stress free as possible. When pettiness rears its ugly head and you tear down your spouse for personal gain, it can have lasting negative effects on a child. Also keep in mind that fathers also have rights that should be taken into account when deciding on custody. The moral of all these films is to remove hatred, fear, resentment and pettiness from the equation when dealing with divorce and work together to compromise efficiently and see the situation from the other point of view. In this way, you’re able to move through the process with ease and make everyone feel they’ve been heard and are happy with the outcome.

In September 2016, Angelina Jolie shocked the world when she filed for divorce from long-time partner, Brad Pitt. Though the couple had only been married for two years, they had been a recognized couple for over ten, and never publicly showed any cracks in their relationship. But according to initial reports, Jolie was extremely upset with Pitt’s parenting habits. It has since come to light that Pitt had problems with alcohol and marijuana, and there may or may not have been a serious altercation with their eldest son prior to her filing. Regardless, Jolie filed for divorce to protect their six kids from possible mental and physical abuse. An amicable divorce is always the goal, but no more so than when children are involved. It doesn’t matter how angry or upset you may be with your partner, if you have children, their considerations should be first and foremost when making any decisions as it deals with their future and their relationship with both parents. There are two types of custody a parent may apply for in divorce proceedings: Legal custody is when a parent obtains the responsibility and obligation to make decisions for the well-being of the child. This includes what school they attend, what religion they practice, what doctors they use, etc. Physical custody determines who the child will live with on a regular basis. Legal and physical custody are also split into two categories: Joint custody is when both parents share equally in legal and/or physical custody. Joint legal custody is when both parents share in the decisions that affect the life of their child. Joint physical custody means the child will live with both parents equally. The court does have some discretion when a 50/50 split isn’t possible due to factors that include financial means and where each parent resides. Sole custody is when only one parent, also known as the custodial parent, has full legal and/or physical custody. In this case, the parent that does not have sole custody, also known as the non-custodial parent, has no rights in any decisions made on behalf of the child, but does have the right to visitation. In the case of our celebrity couple, Jolie sought sole custody with supervised visitation for Pitt. For a while, the battle for joint custody was strenuous, but it seems that may be changing. Pitt has been sober for the past few months, which should go a long way in convincing the courts (and Jolie) that he is ready to share custody. Divorce is usually the last thing a couple thinks about when they get married, but circumstances, personalities and ideas change, and sometimes it’s simply unavoidable. In most cases, both parents want what’s best for their children, so always keep them in mind as you prepare to have your lawyers and the courts mitigate the drama that may arise during your divorce.

Marriage is considered by most to be a blessed event that binds two lives together. But no matter how much we all want to believe in happily ever after, the hard, cold truth is that a healthy percentage of marriages in the U.S. fail within fifteen years. No matter the reason — including age, family background, income and intimacy — some marriages just don’t last. If you’re contemplating divorce, one thing that must be considered is whether to file for spousal support. There’s a misconception that spousal support, or alimony, is a given, when in reality, only ten to fifteen percent of divorces contain a claim for support. So, what is spousal support and what does it mean for you in the event of a divorce? Spousal support is money paid from one spouse to another within a reasonable amount of time in order for both parties to sustain the standard of living established during the marriage. In other words, spousal support keeps a spouse from suffering a standard of living decrease due to the inability to secure stable employment or a job that affords them the lifestyle they are accustomed. California is a no-fault divorce state, which means the circumstances behind the filing of divorce do not play a part in which party pays support. Factors that are considered include: Marketable skills and job market potential; How earning capacity is affected by long periods of unemployment; Whether training must be sought; Which partner can sustain the highest standard of living; Age, health, debts, property and tax impact; and The duration of the marriage. That last factor is the most important, as it is one of the major factors in determining the length of spousal support. Though the judge has some discretion, California law dictates a difference between short- and long-term marriages. A short-term marriage is one that dissolves within ten years. In this case, spousal support generally lasts for half the length of the marriage, which means if you were married for six years, support would last for three. A long-term marriage is one that lasts over ten years. In this case, there is no absolute time limit, which means the judge may allow spousal support to continue into perpetuity, or until a petition for termination is presented to the court. This may include: A court order terminating the original order; The receiving spouse remarries, moves in with a partner (cohabitation), is promoted or receives a dramatic raise in pay; or The paying spouse loses a job, retires or receives a dramatic reduction in pay. No matter the situation, when spousal support is sought in a divorce, legal separation or annulment, it’s always best to retain an attorney to protect you so that you don’t wind up losing more than you should.

As a society, we all wish to provide our children with a happy, safe, healthy life. That’s not to say there aren’t those who deliberately or inadvertently disrespect, ignore or otherwise harm their children. When that happens, though, there’s usually someone willing to care for the child in a responsible, loving manner. For the majority of those seeking to care for a child who is not biologically theirs, establishing a guardianship is usually the best option. Guardianship is the granting of legal rights, which can be temporary, to someone who is not the biological parent of a minor and which allows the guardian to provide the financial, medical and nurturing responsibilities that come with caring for a child. This can be a relative, friend or a foster caregiver. Adoption is often confused for guardianship because it’s what most people understand, but when a child is adopted, the biological parents relinquish all rights to the child, locking themselves out of ever having any say in the child’s life, regardless of whether they become fit to provide adequate care for the child in the future. There are many reasons why someone may seek guardianship of a child, including: The parents are deceased; The child lives in unsafe conditions due to drug, alcohol, mental or physical abuse; The biological parents are unable to feed or cloth their child, provide a stable income or adequate medical care, or abandon their child; The biological parent is in the military and must be deployed; or The parent is incarcerated. One of the reasons that makes guardianship a better option in most cases is that guardianship is not permanent. Firstly, responsibility over the child ends when they turn eighteen. More importantly, unless the biological parents are deceased, guardianship allows for the possibility of reuniting the child with their biological parents. The rights of the parents are not relinquished in guardianship, which means if the court finds that one or both parents are fit to provide adequate care for the child, they may regain custody. Unless a court says otherwise, the parents can also retain a variety of rights, including that of visitation. People may also acquire guardianship of the estate, which allows someone to gain control over the management and safeguarding of the child’s income, money and property until they become eighteen. Generally, the same person will receive both guardianships, though in some cases, this responsibility could be divided among different people. It’s always best to consult a lawyer if you’re to be the guardian of an estate, as complying with the relevant fiduciary duties is very important. Providing the safest, healthiest environment for a child is a major undertaking, so make sure you’re prepared for the responsibility by seeking a custody arrangement that is in the best interests of both you, the child and in a lot of cases, the biological parent(s).

California has had a long and at times confusing history with regard to same-sex marriage. Many within the LGBT community have been married in the periods of time when same-sex marriage was legal. In the past, some of those couples may have faced issues when seeking a divorce, since the state, in addition to other states, ceased to recognize these unions. California has since granted divorces to same-sex couples, despite their residency at the time they sought the divorce. Obviously the landscape has changed quite a bit with the recent United States Supreme Court decision handed down on June 26, 2015, in Obergefell v. Hodges. This decision validates all marriages, regardless of sexual orientation and/or gender, ruling that all states must now recognize same-sex marriages. With this ruling comes several implications including the right to certain tax benefits, health benefits, etc. that were previously only available to heterosexual, married couples.   A reality of marriage is divorce. While California already has procedures in place to end domestic partnerships and civil unions, we could now see more same-sex couples seeking divorces, since same-sex marriages are now recognized. It will be interesting to see how existing civil unions and/or domestic partnerships are handled in CA, whether the state will begin to automatically change these unions to a marriage or whether steps must be taken by the couple to have their union recognized as an official marriage. Some states already automatically convert these unions to marriages but it is important to understand what your state will do should you seek to end the union, as there are different procedures that apply to each.   Now that these couples and their marriages are equal in the eyes of the law, there is an increased need for same-sex couples to seek legal advice if there are any concerns heading into the marriage (pre-nuptial agreements, etc.) as well as when it looks as though the marriage is ending. No matter the reasons for a divorce, it can be a stressful and emotional experience. It is always in a person’s best interest to seek legal advice in these circumstances and now it is even more relevant for those entering into or ending a same-sex marriage.