Assembly Bill 140 would modernize the definition of undue influence for elder financial abuse and related probate matters, a definition that has not been revised since 1872. As enacted in 1872, Civil Code § 1575 defined “undue influence” as using the confidence of or real or apparent authority over another, taking an unfair advantage over another person's weakness of mind, or taking a grossly oppressive and unfair advantage of another person's necessities or distress. The new definition that AB 140 would create defines undue influence as excessive persuasion that causes an elder to act or refrain from acting and that results in ... Read More >
Dec 5
Invaluable Legislative Research Services
Did you know that more than 512 U.S. tort cases are filed every year, yet only about 2% of civil torts ever see a courtroom? On the other hand, about a fifth of the civil cases filed are related to auto accidents. Whether a case is civil, criminal, local, state, or federal, it is rarely simple. For many Americans, understanding the processes and terminology pertaining to the United States legal system is almost like learning a foreign language. As such, to the typical layperson, the esoteric nature of many federal statutes and regulations makes legal texts virtually impenetrable. However, just because a person possesses a law degree ... Read More >
Nov 27
False Military Endorsement Prohibited
California is currently home to over 2 million veterans and large numbers of elder veterans, who are often targeted by unscrupulous businesses and individuals using military insignia and patriotic logos to get to their pensions, retirement assets, Social Security, or property. Various interested stakeholders, which included the Veterans of Foreign Wars, Vietnam Veterans of America and California Advocates for Nursing Home Reform, sponsored CA SB 272 of 2013 to restrict the use of military or government terms, symbols, and content that reasonably could be interpreted or construed as implying a connection, approval, or endorsement of any ... Read More >
Nov 27
Transgender students may participate in sex-segregated school programs
Current California law already protects students from discrimination in education based on sex and gender identity, but many school districts do not understand and are not presently in compliance with their obligations to treat transgender students the same as all other students in the specific areas addressed in CA AB 1266 of 2013 relating to sex-segregated school programs and activities, including athletic teams and competitions and use of facilities consistent with his or her gender identity. Both Los Angeles and San Francisco had developed policies relating to transgender and gender variant students in order to create and maintain a ... Read More >
Nov 25
Limousine safety compels new law
CA Senate Bill 109 is an example of the news driving the enactment of a new law, in this case, regarding limousine safety. We see a lot of these at LIS, and this one came out of an occurrence from last summer. The author, Senator Corbett, originally introduced SB 109 to address aerodynamic devices and vehicles, but she gutted and amended her bill in June in response to an unfortunate incident that occurred on May 5, 2013, in which a limousine caught fire while traveling on the San Mateo-Hayward Bridge over the San Francisco Bay. That limousine was carrying nine passengers. The driver escaped unharmed and four of the passengers escaped ... Read More >