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The importance of a comma in an ordinance (and a contract). How a court case was won over a missing comma(,)

Read the following municipal ordinance prohibiting “any motor vehicle camper, trailer, farm implement and/or non-motorized vehicle” from daylong parking.

If you’re a truck owner (motor vehicle), does this ordinance apply to you? The argument here is that the ordinance applies to “motor vehicle campers” and not motor vehicles. See the difference? This ordinance would have applied to a motor vehicle, if the law had a comma where it should have.

This is exactly what happened to an Ohio woman. She ended up having a parking citation tossed by an appeals court, all because she noticed there was a comma missing in the local law. Read more about it here.

When working with your attorney, both the client and the attorney should read the document draft with a fine tooth comb to avoid technical and pivotal issues like this.  Avoid ambiguity and as you read your document, look for grammatical problems which could lead to vague provisions or provisions with more than one interpretation opportunity.  Read another example where a single comma cost a party one million dollars.

 

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What is a Homestead Declaration?

What is a Homestead Declaration?

A homestead declaration is a written statement, made under penalty of perjury, that claims a particular “dwelling” (for example, a house, condominium, boat, or similar property) as the owner’s principal place of residence.

When a homestead declaration is (1) signed by a homeowner, (2) acknowledged (i.e., “notarized”) by a notary, and (3) “recorded,” it helps to protect the home against loss to creditors. “Recorded” means that the original signed and notarized homestead declaration is filed in the clerk’s or recorder’s office for the county in which the home is located.

A properly prepared and recorded homestead declaration immunizes the home (and the land on which it is situated) from many (but not all) legal enforcement measures. For example, if a homeowner files a petition in bankruptcy, it may be possible, because of a homestead declaration, to retain the home, or at least a portion of the equity in the property, instead of losing it to creditors.

Determining when to file a Homestead Declaration is fact-based and dependent upon your situation.  California has an automatic homestead exemption.  Based on that, you may or may not want to file a homestead declaration. If you have little or no equity in your home, little advantage is to be gained. Should you have minimal debt, there is also no reason to file a homestead declaration. Finally, if you’re planning to sell your home in the near future and have no delinquent debt problems, filing the declaration form offers no immediate advantages.  If you have little equity or minimal debt, you may still be concerned for the future.While you should file the homestead form before you have a serious financial problem, creditors cannot file liens until they obtain court judgments. You’ll have plenty of notice before you need to declare a homestead.

Speak with a professional about this topic before making this declaration with the County offices.

 

 

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Do you spot the copyright infringement? A Disney Pixar legal fight is brewing

Are you able to spot a copyright infringement? Often I receive calls from persons and businesses with claims involving infringement by another person or business. During these calls, we discuss fact-based points involved in the developing legal matter before them. Upon meeting, I take a closer look at the works allegedly infringed on and subsequently provide legal counseling and enforcement strategies.

Cars and Autobots

So what does copyright infringement look like? It looks a little something like this story.   Zhuo Jianrong, director of an independent movie and executive director of a film production company states that he has never seen the Disney Pixar film, Cars, upon producing his work, Autobots.  See the Autobots movie poster on the left (image). Zhuo said that his company received legal letters from the Disney Company, which owns Pixar. Disney declined to comment on whether it had sent the letters.  He added that his production company has responded with evidence that “The Autobots” isn’t a copycat.

If this is the first time you view the Autobots and Cars movie posters side-by-side?  Would you be confused by the similarities in drawings alone?  If so, a good suspicion of infringements exists. The next step is to prove it.

Copyrights

Copyright is a form of protection given to the authors or creators of “original works of authorship,” including literary, dramatic, musical, artistic and other intellectual works.

Anyone who exploits any of the exclusive rights of copyright without the copyright owner’s permission commits copyright infringement. If a lawsuit is brought in a court, the infringer will have to pay the copyright owner the amount of money the infringer made from using the work or that the owner would have made if the infringement had not happened.

Proving Infringement

In order for a court to determine that a copyright in a work has been infringed upon it must find that: (1) the infringing work is “substantially similar” to the copyrighted work, and (2) the alleged infringer had access to the copyrighted work — meaning they actually saw it or heard it. There are no clear rules for deciding when “substantial similarity” exists between two works. Courts look for similarities in appearance, sound, words, format, layout, sequence, and other elements of the works.

Let’s follow this story to learn the destiny of the Autobots film.

 

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Recording A Quitclaim Deed with the San Diego County Recorder’s Office

If you established a Revocable Living Trust in the recent past or anytime in the past, remember that after establishing your Trust, you must also “fund” the Trust. Funding it means to place things into the Trust so that it can be administered and carried out the way it is intended.

If you haven’t funded your real property into your Revocable Living Trust, you can do so by signing (before a notary public) a Quitclaim Deed and subsequently recording it locally with the San Diego Recorder’s Office.  Only real property physically located here in the county can be controlled by the San Diego County Recorder’s Office. If you live in San Diego, but have real property physically located outside of this county, you will have to seek assistance that that county’s Recorder’s Office for assistance in funding your Trust or other real property matters.

The following is more information published from the San Diego County Recorder’s Office as of July 6, 2015. You are encouraged to review their official website for current information.

The County Recorder, upon payment of proper fees and taxes, will accept any document which is authorized or required by California law to be recorded, if the document contains required information and if it is photographically reproducible.

For your convenience, documents may be presented for recording in the Assessor/Recorder/County Clerk offices at the addresses listed below.

County Administration Center
1600 Pacific Highway, Suite 260
San Diego, CA 92101
El Cajon Branch
200 S. Magnolia Ave
El Cajon, CA 92020
San Marcos Branch
141 East Carmel St.
San Marcos, CA 92078

All applicable fees must be paid at the time of recording, click RECORDING FEES.

For information on hours of business and directions to the office locations, quit this option and
click PHONE #’S/LOCATIONS.

Each document presented for recording MUST include or comply with the following general requirements.

If any portion of your recordable document is in a foreign language*, it must be translated into English. The translator will need to complete a Declaration and Verification of Interpretation form for submission to the County Clerk. The County Clerk will then complete a Translation Certificate for a fee of $10.00. Both the Declaration of Interpretation and the Translation Certificate forms must be completed and attached to the document prior to recording.

The document should not contain more than the last four digits of the Social Security number, pursuant to Civil Code 1798.89. This does not apply to documents executed prior to January 1, 2010 or certified copies of the death certificate attached to the documents.

  1. The property must be located in San Diego County.(CC1169)
  2. The document must be authorized or required by law to be recorded. (GC 27201)
  3. The document must be submitted with the proper fees and taxes. (GC 6301, 27201, 27261)
  4. The document must be in compliance with state and local laws.
  5. The document should Name the person requesting recording. (GC 27361.6)
  6. The document should state the Name and address to whom the document should be returned, fill in “Recording Requested By and Mail To”. (GC 27361.6)
  7. The document must be legible enough to produce a readable photographic record.(GC 27201, 27361.6, 27361.7)
  8. Signatures must be original unless the document is a certified copy issued by the appropriate custodian of the public record. (GC 27201b, GC 28288, Evid Code 1530)
  9. The document must be properly acknowledged, unless exempt. All purpose acknowledgments taken in California must be completed as prescribed by law.  Any certificate of acknowledgment taken in another place shall be sufficient in this state if it is taken in accordance with the laws of the place where the acknowledgment is made. (GOV 27201, 27285, 27287, 27288, 27289, CIV 1189)
  10. The Assessor’s Parcel Number is required on deeds by local Ordinance. (R&T 11911.1)
  11. The notary seal must be legible for a microfilm reproduction .(GC 8207)

Documentary Transfer Tax is due on all taxable conveyances in excess of $100 at a rate of $.55 per $500 or fractional portion of real property value; excluding any liens or encumbrances already of record as required, per Revenue and Taxation Code 11911. It is collected at the time of recording on each deed, or instrument. A Documentary Transfer Tax Declaration must be completed and signed for all deeds. If no Documentary Transfer Tax is due, so indicate by entering “0” on the tax line and sign the declaration. Please explain the reason why no tax is due on the document or on a separate signed statement.(R&T 11932)

When transferring property to ANYONE a “Preliminary Change of Ownership Report” IS REQUIRED per the Revenue and Taxation Code 480.2, click PRELIMINARY CHANGE OF OWNERSHIP REPORT. This document is in Acrobat PDF format.

If a “Preliminary Change of Ownership Report” is required, but not submitted at the time of recording, please include an additional $20.00 for the Ownership Change fee. Preliminary Change of Ownership Forms are available at the customer counter or it can be mailed to you upon request by calling (619) 238-8158.

You may also mail in your documents for recording with a check,cashiers check or money order made payable to:

The San Diego County Assessor/Recorder/Clerk
P.O. Box 121750
San Diego, California 92112-1750

Your request is processed upon receipt. Please allow 2-4 weeks to receive your original recorded document back in the mail.

The office of the Recorder/County Clerk is PROHIBITED from giving ANY legal advice or to assist in document preparation. We DO NOT provide any notarial services. Various types of forms may be purchased at office supply or stationary stores.

Once you have the appropriate form, you may prepare it yourself, consult legal counsel or contact a local title company or escrow company.

Photo Credit: San Diego County.gov

Happy 4th of July

Celebrate our independence day with pride and gusto! Remember to celebrate responsibly.

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Ruth Ryan-Cruz – Guest Speaker at MANA Scholarship Awards Ceremony 2015

On Saturday, June 20, 2015, Ruth Ryan-Cruz, Esq. was a guest speaker at the MANA de San Diego’s scholarship awards ceremony held at the University of California, San Diego’s School of Medicine‘s Medical Education and Telemedicine Bldg. In speaking, Ruth addressed the 2014-2015 Latina scholarship recipients about the importance of higher education.

At this event, $15,000 in scholarships were awarded to Latinas pursuing higher education.  MANA de San Diego provided a special thanks to Dr. Patricia J. Cantero, Scholarship Chair, and her committee: Veronica Bejar, Dr. Lupe H. Buell, Velma Calvario Gloria Cazares, Dr. Cynthia Davalos, Melissa Gonzalez, Lucy Hernandez, Janina Jimenez, Lolita Lizarraga, Cassandra Mougin, Dr. Ana Navarro, Elena Perez, Rose Reyes and Dr. Marissa Vasquez.

Community sponsors included: Community Health Group, Cox Communications, Mission Federal Credit Union, and Pettit Kohn Ingrassia & Lutz=

Individual sponsors included: Anonymous, Dr. Patricia Cantero, Dolores & Michael Dweck – “Jose Luis Wiarco Scholarship”, Norma Jasso, Lolita Lizarraga, Elisa Sanchez – “Jose D. Sanchez Scholarship.”

Photo courtesy of MANA de San Diego

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Supreme Court rules on same-sex marriage

On this day, Friday, June 26, 2015, the United States Supreme Court rules on same-sex marriage. Before the ruling,  same-sex couples could marry in only 36 states and District of Columbia. Within hours of the Supreme Court decision, weddings were taking place in new states, including Alabama, Georgia, Kentucky, Ohio, and North and South Dakota.

In their landmark 5-4 decision, justices ruled that same-sex couples have a constitutional right to marriage that can’t be denied by individual state law.  President Barack Obama called the decision a “victory for America” and was among those cheering the move. Opponents of same-sex marriage expressed deep disappointment.

If you’re unsure how same sex marriage, reach out to an estate planning attorney to discuss up-to-date legal repercussions following this decision.

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Alternative Dispute Resolution

Alternative Dispute Resolution includes, but is not limited to:

  • Pre-Litigation Settlement
  • Mediation
  • Arbitration
  • Settlement Agreements
  • Dispute Resolution Counseling
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Intellectual Property Law

Intellectual property includes, but is not limited to:

  • Copyright
  • E-commerce Laws
  • Cyberspace Law
  • Online Terms and Conditions
  • Social Media and Internet Law
  • Technology Transactions
  • Trademark / Trade names
  • Service Mark
  • Trade Secrets
  • International Protection

 

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Real Estate Law

Real Estate Law includes, but is not limited to:

  • Leases – Residential and Commercial
  • Tenancy Matters
  • Easement
  • Deeds
  • HOA Disputes
  • Sales and Purchase Agreements – Residential and Commercial
  • Title Issues
  • Environmental Problems