Sunday, September 16, 2018

Contested Cases: Do You Need to Go to Trial?

It has been stated-- that a great case will usually "settle" because going to "trial" will only cause the great case to generate more damages.

In many instances, this likely applies to civil cases, but probably not criminal matters. The reason would likely be because when deals are made in criminal cases, it's often for damage control, not to gain more on damages monetarily.  But sometimes, in defense cases or criminal cases, one might elect to go to trial, hoping that one will not be found guilty. Or, if it's a civil defense case, that one's defense is excellent and moving party doesn't have the facts to win.

In any case where decisions must be made as to actual trial, the attorney(s) in charge must  help make the decision with the client.  If a big error is made to pursue trial in a civil matter when the basic premise is somewhat lacking, then in many cases going forward to trial is not in client's best interest.  Yet we have seen cases where the evidence is lacking, but an attorney will pursue the damages regardless.  In all cases where the strategy has been laid out, there should not be a substantial question of whether or not one has the proof as the moving party.

Nearly all questions for Plaintiffs' claims can be tested via proof required to prevail, in part, by the jury instructions for the subject matter.  If there is no definite jury instruction for the chosen subject, you will have to research the issue.  For example, there is no jury instruction for animal abuse in California, despite the huge CA animal abuse code sections.California likely has the largest animal abuse code in the entire USA.

As an example-- let's pretend we want to prove an illegal seizure under PC597.1, which involves seizing animals due to claimed abuse. An illegal seizure of one's property normally involves due process, a con law principle of law.  If we can show and prove the lack of due process, we may seem to have a case; but if we cannot prove this, then what do we have?  We would have a problem.

Unknown to many attorneys, the California law re animal "abuse" is found in many different areas, including, but not limited to the CA Penal Code, welfare/institutions, business and Professions, fish and game, health and safety, and more....including many different ordinances.

Also when it comes to say, Service animals, or emotional support animals, this may be governed by federal law. And the federal law will likely trump the state law?

Yet we have seen repeated mistakes in applying 
either the federal law, or even in using the law itself in cases filed in state courts?


For example, see:  https://petdefense.wordpress.com/2017/09/15/when-a-service-dog-isnt-a-service-dog/

Information on service dogs and emotional support animals/law:

http://www.nolo.com/legal-encyclopedia/california-landlords-tenants-service-dogs-emotional-support-animals.html

http://www.nolo.com/legal-encyclopedia/california-laws-psychiatric-service-dogs-emotional-support-animals-public-places.html

If you believe you have a bona fide case involving
animal law issues, contact attorney!  530.359.8810

Monday, March 19, 2018

Yelp and Problems with Fake Reviews

The California Supreme Court agreed to review Yelp's objection to a decision ordering it to strip the Internet of comments posted about a San Francisco law firm.  The law firm owner, Dawn Hassell, sued Ava Bird, the disgruntled former client who allegedly posted the reviews — and lower courts agreed that Yelp should be forced to remove them.

To the frustration of many plaintiffs' attorneys, the Communications Decency Act has long freed online publishers from liability for user postings on their websites and apps. But many technology experts say the Hassell case may be the biggest threat yet to the immunity.
The appellate court found that no liability was being placed on Yelp, and thus the ruling didn't go against federal law. Instead, as the "administrator of the forum" where defamatory speech existed, Yelp bears the responsibility of removal, the court said...Experts in technology law say they're optimistic that the California Supreme Court will spike the order against Yelp.

..and from the Los Angeles Times..."[I]nternet lawyers say they're optimistic that the California Supreme Court will toss the appellate ruling, given its own precedent, in which it agreed that in defamation cases that creators of offending material, not Internet service providers, are the only parties who may be "punished and deterred." But that ruling is 10 years old, Section 230 is still under assault, and as the tech community's hometown justices, the state Supreme Court could wield outsized influence on the future of the Web. Online publishers are very nervous, and they may have reason to be.."


Thursday, November 30, 2017

DV TRO? Misdemeanor OR Felony Drug Case? Affordable Help!

HAS A DV TRO BEEN FILED AGAINST YOU...
OR HAVE YOU BEEN CHARGED WITH DOMESTIC VIOLENCE
 AND YOU NEED TO KEEP YOUR JOB??
LOOK AT THIS first VIDEO FROM A SAN DIEGO ATTY...HE IS
CORRECT....the others are from California also....


                                                 
                           


GET HELP BY CALLING 

ATTORNEY CRAIG HENDERSON !

530 444-9748


HAS A DV TRO BEEN FILED AGAINST YOU...OR HAVE YOU BEEN CHARGED WITH DOMESTIC VIOLENCE AND YOU NEED TO KEEP YOUR JOB??
LOOK AT THIS VIDEO below-- FROM A SAN DIEGO ATTY...HE IS
CORRECT....
CALL ATTORNEY CHAN (LOCALLY) IF YOU NEED
HELP IN DEFENSE OF YOUR CASE

530.359.8810

                       
CALL ATTORNEY CHAN (LOCALLY) IF YOU NEED

HELP IN DEFENSE OF YOUR CASE

530.359.8810

ATTORNEY CAN CAN ALSO HANDLE THE HEARINGS FOR THOSE
 WHO ARE BRINGING SUCH CHARGES VALIDLY AGAINST
ANOTHER PERSON. Affordable, with very high track record of winning...
or

DO YOU HAVE A MISDEMEANOR  OR  

FELONY DRUG CASE  FILED AGAINST YOU?

CALL ATTORNEY CRAIG HENDERSON NOW!     530 444 9748



 THIS IS FROM A SAN DIEGO DEFENSE
ATTORNEY  TO THE LEFT......



ATTORNEYS LOCALLY CAN  HANDLE  HEARINGS FOR THOSE
 WHO ARE BRINGING SUCH CHARGES VALIDLY AGAINST
ANOTHER PERSON

or

DO YOU HAVE A MISDEMEANOR

 OR FELONY DRUG CASE FILED AGAINST YOU?


GET HELP BY CALLING 

ATTORNEY CRAIG HENDERSON
530 444-9748














































Wednesday, November 1, 2017

Supreme Court Ruling on Wedding Cake in Baker's Favor

https://www.vice.com/en_us/article/evanak/why-the-gay-wedding-cake-supreme-court-case-is-so-importanthttps://www.vice.com/en_us/article/evanak/why-the-gay-wedding-cake-supreme-court-case-is-so-important

Whenever the Supreme Court takes a case, and especially on this case, prediction is that the Court will come up with a bunch of illustrations of why the cake didn't have to be made. or possibly why the Colorado law was improperly applied....normally if the high court believes the case was exactly correct in many instances, or that it does not involve an important enough issue for society, especially in constitutional law which normally impacts criminal law, they will not select the case for consideration. Most cases will never get the SCOTUS-- ever.

 But after finding that the liberals in today's world have changed many things, and not always for the best, and because the high court does not want to see flurries of cases filed on non issues, it appears fairly obvious that this case will not result in leaving things as they are. What we also noticed is that cases involving the AETA (Animal Enterprise Terrorism Act) which are appealed to the SCOTUS are usually never taken.  It is a guess that such cases under the AETA will never be accepted by the SCOTUS, ever.

Years ago after the SCOTUS ruled against against animal rights group HSUS (Humane Society of the United States, located in D.C.) in U.S. v Stevens, [a con law case where the law being used was for violent animal crush film videos but was being applied for a historical video on the history of animal fighting in the world]   and then  against the CA law which was forcing certain restrictions on alleged video games, which must be labeled as violent and only sold to a certain age  with parental consent...... https://en.wikipedia.org/wiki/Brown_v._Entertainment_Merchants_Ass%27nhttps://en.wikipedia.org/wiki/Brown_v._Entertainment_Merchants_Ass%27n
[HSUS sponsored law trying to claim that the violence rose to a level on par with pornography/porn]

That law was sponsored by now-convicted legislator Leland Yee, who is in federal prison for corruption/racketeering.  Another HSUS law against downed pigs (California Federal Court) where the Federal Court found the HSUS law was preempted by another statute in California.

Not surprisingly, legislator Ron Calderon/his brother Tom were also indicted and ended up taking guilty plea on taking bribes and money laundering. Calderon is well known for sponsoring HSUS supported animal rights laws. http://beta.latimes.com/local/lanow/la-me-ln-ron-calderon-corruption-plea-20160613-snap-story.html


Friday, October 13, 2017

Moving Cases-- Family Law, to California and UCCJEA

The Parentage Act (2017 draft below)

If you are a recent arrival in this state, or if you never established jurisdiction properly, or if your partner has attempted to establish jurisdiction improperly and never notified you, or any combination of these factors (including being state residents but never having been married)-- then you will likely need to file a Parentage action to establish jurisdiction for your case involving your children.




http://www.uniformlaws.org/shared/docs/parentage/2016AM_AmendedParentage_Draft.pdf
and the Parental Kidnapping Prevention Act work together to help ensure parents don't run off with the kids...it used to be that parents could get away with this, but these days, it's harder to do.

http://www.uniformlaws.org/ActSummary.aspx?title=Child%20Custody%20Jurisdiction%20and%20Enforcement%20Act



If you are just arriving in California, or have just moved from California to another state, the same law will apply to the case, in tandem with the state law (of whichever state you went to...)

Attorney has had recently, four Parentage Act cases, with 3 of them being from other states, and one still here but the parent with custody moved to another state. These cases can be more difficult to do because sometimes attorney is faced with facts from another state making decisions that don't seem too well grounded.

  Also, attorney is seeing cases where multiple cases are filed in different states by family members who don't have custody, and then this makes it more expensive (even if they really have no grounds...)

Also if the parent that has custody of the child or children keeps moving around and doesn't update the District Attorney re the whereabouts of the other parent, and the DA doesn't adequately notify the noncustodial parent, we can see a big problem with support falling behind.
If you need help in Butte County, you can also contact the Child Abduction Unit in Oroville, CA.

And If you have such a case and need help, contact attorney today! 530.359.8810



Sunday, September 24, 2017

ATTORNEY CONTACTS.........................

 MR.CRAIG  HENDERSON, ESQ.                       (530) 444-9748  

  • Writs, Appeals*  Civil, Juvenile, Criminal, more..
  •  Misdemeanor  Drug, Traffic, Domestic Violence, DV TRO Defense*

  • Child Abduction,CPS Issues*          Juvenile Delinquency Cases*

Admitted California Bar 1998; Graduate of Boston College of Law,                       

J.D. magna cum laude; San Jose State University 1981, with great distinction.

*will normally require Retainer to hire

  • ----------------------------------------------------------------------
 MS. C. CHAN, ESQ.                             (530) 359-8810

  • Family Law Cases...including difficult litigation i.e. monetary issues,division of property, separate property rights, spousal support [temporary and ongoing],TRO/DV issues, move aways,improper division of property,litigation in bankruptcy,failure to disclose,excessive debt,child support/more...Ms. Chan has a 98.5%+ win rate in family law cases and is familiar with bankruptcy issues; has formerly worked in law office with a Special Master in San Diego.Strategy-driven and will not tolerate clients being abused by other attorneys or ex spouses.
  • Entertainment Law..including setting up new bands/names/protection; especially new groups who lack protection.
    Contracts on music gigs, and related 
  • Animal Law Issues..including criminal charges, civil law issues (ownership,negligence,dangerous animal,seizure etc.)Emotional support animals, Service dog animals, contracts for sale, Negligence issues within animal related events, bankruptcy issues; animals for hire in entertainment, training issues and alleged abuse; wrongful conduct involving "rescue" groups; contract breaches with rescue groups/or sellers; death of pet while as invitee or customer of pet department store or similar; issues within ranching, farming, and similar animal locations; issues of animals involving USDA regulations/inspections; constitutional issues involving application of law to seized animals; there are many animal related cross over issues such that it is not possible to name them all, so if you have an animal related issue, call us today..530.359.8810
  • Civil law issues...contract breaches, work outs, breakdown of partnership, disputes arising within business agreements, sales of small business
  • Trials..including bench trials and jury trials...when each is recommended and when they are not.... proper jury selection
  • Law and Motion..including short/long cause and settlements. Have overcome summary judgment in case defended by Louis Brisbois firm and defendant corporation over 100 years in existence. Won challenge against warrantless seizure by animal control in West Hollywood, california,proving there was NO exigency.. likely the only one ever done [if someone else has one, please let us know!]
  • Settlements...have worked against giant corporations including banks (Chase Bank, Fannie Mae),Pacific Gas and Electric, the American Kennel Club, State of California (resulting in published case, 1993, with CA State Personnel Board, which governs nearly all department hearings of state agencies) 


Sunday, September 10, 2017

JUSTICE FACTOR "X": WHAT DOES IT MEAN?

Attorneys believe that "justice" involves more than one thing, which most people believe is the almighty dollar $$$$...

While it is true that a better financed campaign may get good or better results, it is also true that to obtain true justice, some attorneys must work harder, smarter and longer if they are dedicated to their clients achieving the best results for their case.



Of course, working longer means usually charging the client more money.  But in the case of family Law and some Juvenile cases,  experience can overcome many issues presented on the surface, and even if it appears to be a 'sure' win, an attorney with defense counsel experience can often break the other side down and still make headway.  It may take a good strategy and more work, but it can usually be done.

Thus the "X" factor to winning the justice in a case is not always just about $$$$$!!
Put another way, the underdog case may not remain the underdog case!!
The key is, can your attorney think that far ahead and plan for what will need to be done?  An attorney that wins most of his/her cases absolutely must strategize from the very beginning.  There is no substitute for it.  Further, because many attorneys rush to argue the obvious, they may overlook key factors that can be used to help their clients win.  Attention to the complete picture of the case is very important rather than just focusing on one or two obvious issues. A winning track record is evidence of this fact.
If you are not getting RESULTS in your case----- see attorneys contact herein.  One of us may be just what you need to push your case ahead!