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Latest Blogs
Speedy Trial Updates
The First District reached a verdict about the case that became Stanley v. Superior Court. During the events of COVID-19 his trial was extended by 90 days. The right to a speedy trial is no longer guaranteed during a state of emergency such as COVID-19. They acknowledge that it’s unfortunate, however, they proclaim since they have no involvement in the occurrence of the emergency, that it is outside of their control. Public health safety is priority unlike the constitutional right to a speedy trial. Going forward it is important to keep in mind that COVID-19 related incidences are unlikely to be grounds for a violation of one's right to a speedy trial.
Author Nicholas De Moss
The First District reached a verdict about the case that became Stanley v. Superior Court. During the events of COVID-19 his trial was extended by 90 days. The right to a speedy trial is no longer guaranteed during a state of emergency such as COVID-19. They acknowledge that it’s unfortunate, however, they proclaim since they have no involvement in the occurrence of the emergency, that it is outside of their control. Public health safety is priority unlike the constitutional right to a speedy trial. Going forward it is important to keep in mind that COVID-19 related incidences are unlikely to be grounds for a violation of one's right to a speedy trial.
Author Nicholas De Moss
Emergency Rule amended and Statutes of Limitations suspended due to COVID-19
The Judicial Council developed emergency measures to implement on April 6. There is a new rule to make an exception of this state of emergency regarding COVID-19. The addition of Rule 9 will suspend the statute of limitations on civil cases until 90 days after the state of emergency is ended by Gov. Newsom. Other emergency rulings in California have allowed a bail of $0 for the majority misdemeanor and lower-level felony offences.
Author Nicholas De Moss
Emergency Rule amended and Statutes of Limitations suspended due to COVID-19
The Judicial Council developed emergency measures to implement on April 6. There is a new rule to make an exception of this state of emergency regarding COVID-19. The addition of Rule 9 will suspend the statute of limitations on civil cases until 90 days after the state of emergency is ended by Gov. Newsom. Other emergency rulings in California have allowed a bail of $0 for the majority misdemeanor and lower-level felony offences.
Author Nicholas De Moss
Family Law Update
The tax overhaul, resulting from the Tax Cuts and Jobs Act (TCJA), will scrap a 75-year-old tax deduction for spousal support payments. The new law, which takes effect January 1, 2019, will not affect anyone who signs a divorce agreement before December 31, 2018.
If you are contemplating divorce and you enter into an agreement on or after January 1, 2019, the spouse who pays spousal support will not be able to deduct the payments on their taxes, and the spouse who receives it won’t be paying any income taxes on it.
The tax overhaul, resulting from the Tax Cuts and Jobs Act (TCJA), will scrap a 75-year-old tax deduction for spousal support payments. The new law, which takes effect January 1, 2019, will not affect anyone who signs a divorce agreement before December 31, 2018.
If you are contemplating divorce and you enter into an agreement on or after January 1, 2019, the spouse who pays spousal support will not be able to deduct the payments on their taxes, and the spouse who receives it won’t be paying any income taxes on it.
Business Formation
Starting a new business is not just building and buying equipment and fixtures. The foundation of any strong business starts with forming an entity that is best for you. California recognizes many different business structures from Limited Liability Companies to General Corporations, each governed by their own unique set of rules and regulations.
Some of the big issues to consider include: Taxation, Who may Operate; Estate Planning; Personal Liability; Management and Control; and Working capital to name a few.
For example: A new corporation is always formed under the state law and will will be taxed under IRC subchapter C (The Dreaded DOUBLE TAXATION!!!) unless an election is made to be taxed under subchapter S. These and other default rules make hiring a professional essential in taking the first step in starting a successful business.
Starting a new business is not just building and buying equipment and fixtures. The foundation of any strong business starts with forming an entity that is best for you. California recognizes many different business structures from Limited Liability Companies to General Corporations, each governed by their own unique set of rules and regulations.
Some of the big issues to consider include: Taxation, Who may Operate; Estate Planning; Personal Liability; Management and Control; and Working capital to name a few.
For example: A new corporation is always formed under the state law and will will be taxed under IRC subchapter C (The Dreaded DOUBLE TAXATION!!!) unless an election is made to be taxed under subchapter S. These and other default rules make hiring a professional essential in taking the first step in starting a successful business.
Estate Planning tips
I recently worked on a case were the client's mother executed a trust through a non attorney trust creation service. Although the document was well drafted the client's mother was not properly advised as to the execution of the instrument and funding of the trust. The mother neglected to transfer her real property into the trust and when she passed the real property had to go through probate because it was not included in the trust. long story short, you may save money not using an attorney but it may end up costing in the end.
Estate Planning tips
I recently worked on a case were the client's mother executed a trust through a non attorney trust creation service. Although the document was well drafted the client's mother was not properly advised as to the execution of the instrument and funding of the trust. The mother neglected to transfer her real property into the trust and when she passed the real property had to go through probate because it was not included in the trust. long story short, you may save money not using an attorney but it may end up costing in the end.
Evictions and Tenancy
Although the eviction process may seem straight forward i.e. you don't pay rent, you get kicked out, that is not always the case. The eviction process in California is an expedited procedure but the smallest mistake can cause a landlord to have to start all over. Some common mistakes we have seen in self represented cases is improper notice, improper service and improper characterization of tenancy. Take for example a recent case were a beneficiary sublet a trust residence to a third party without the trustee's consent. The terms of the trust prohibited anyone but the beneficiary from living in the residence therefore the sublet was in violation; however, the subtenants did have rights as Tenant at Sufferance.
Evictions and Tenancy
Although the eviction process may seem straight forward i.e. you don't pay rent, you get kicked out, that is not always the case. The eviction process in California is an expedited procedure but the smallest mistake can cause a landlord to have to start all over. Some common mistakes we have seen in self represented cases is improper notice, improper service and improper characterization of tenancy. Take for example a recent case were a beneficiary sublet a trust residence to a third party without the trustee's consent. The terms of the trust prohibited anyone but the beneficiary from living in the residence therefore the sublet was in violation; however, the subtenants did have rights as Tenant at Sufferance.
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