NEW LAWS FOR CALIFORNIA FOR 2013

NEW LAWS FOR CALIFORNIA FOR 2013

As 2012 is coming to and end new laws will take effect for California residents in 2013. Here are just some of the new laws that will go into effect on January 1, 2013:

GOOD SAMARITAN OVERDOSE PREVENTION LAW This law encourages people to call 911 and seek medical help for someone who experiences a drug or alcohol overdose without fear or being prosecution for minor drug crimes.

MOTOR VEHICLE LAWS

Amber Alert for Seniors: Similar to Amber Alert, the CHP would activitate a silver alert upon request if a person, age 65n or older, is reported missing to a law enforcement agencies and that agency determines that certain criteria is met.

D.U.I.: A person who has been arrested and is suspected of driving while under the influence of a DUI of drugs, no longer has the option of a urine test. Prior to this changing a person had the option of submitting to either a urine or blood test to determine the drug content of the blood. Now the driver will only be able to submit to a blood test.

New California Laws for 2013 Affecting REALTORS

Landlord Must Disclose Notice of Default to Prospective Tenants: Starting January 1, 2013, every landlord who offers for rent a residential property containing one-to-four units must disclose in writing to any prospective tenant the receipt of a notice of default that has not been rescinded. This disclosure must be made before executing a lease agreement. If a landlord violates this law, the tenant can elect to void the lease and recover one month’s rent or twice the amount of actual damages, whichever is greater, plus all prepaid rent. If the lease is not voided and the foreclosure sale has not occurred, the tenant may deduct one month’s rent from future amounts owed. The written disclosure notice as provided by statute must be in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. A property manager will not be held liable for failing to provide the written disclosure notice unless the landlord has given the property manager written instructions to deliver the written disclosure to the tenant. This law will expire on January 1, 2018

Landlord May Dispose Abandoned Personal Property Less Than $700: Commencing January 1, 2013, the total resale value of personal property left behind by a tenant after termination of a tenancy that the landlord must sell at a public auction (rather than dispose of or retain for his or her own use), has been increased from $300 to $700, if certain procedures are followed. This law, however, also prohibits a landlord from assessing any storage cost if the tenant reclaims personal property within 2 days of vacating the premises. The statutory notices of Right to Reclaim Abandoned Property have been revised to reflect these changes. Furthermore, a landlord’s notices of termination of tenancy and pre-move out inspection must contain specified language that former tenants may reclaim abandoned personal property left on the premises, subject to certain conditions.

Tenant Entitled to a 90-Day Notice to Terminate After Foreclosure: Effective January 1, 2013, a month-to-month tenant in possession of a rental housing unit at the time the property is foreclosed must be given a 90-day written notice to terminate under California law. For a fixed-term residential lease, the tenant can generally remain until the end of the lease term, and all rights and obligations under the lease shall survive foreclosure, including the tenant’s obligation to pay rent. However, the landlord can give a 90-day written notice to terminate a fixed-term lease after foreclosure under any of the following four circumstances: (1) the purchaser or successor-in-interest will occupy the property as a primary residence; (2) the tenant is the borrower or the borrower’s child, spouse, or parent; (3) the lease was not the result of an arms’ length transaction; or (4) the lease requires rent that is substantially below fair market rent (except if under rent control or government subsidy). The purchaser or successor-in-interest bears the burden of proving that one of the four exceptions has been met. This law does not apply if a borrower stays in the property as a tenant, subtenant, or occupant, or if the property is subject to just cause rent control. This law will expire on December 31, 2019. This new California law is similar, but not identical, to the 90-day termination notice requirement under the federal Protecting Tenants at Foreclosure Act (12 U.S.C. § 5201, et seq.) (as extended by the Dodd-Frank Wall Street Reform and Consumer Protection Act), which is set to expire on December 31, 2014.

New California Employment Laws to Take Effect in 2013

• A.B. 1844 states employers cannot fire, threaten to fire, discipline or retaliate against employees for not disclosing a username or password for accessing a personal social media website.
• A.B. 2674 requires employers to maintain personnel records for at least three years after termination and to provide current and former employees (or their representatives) the opportunity to inspect their records within 30 days of the request, except when a lawsuit relating to a personnel matter is pending.
A.B. 1964 amends the Federal Employment and Housing Act (FEHA) to include a religious dress practice or grooming practice as a belief of observance covered by protections against religious discrimination. However, if a person’s religions practice requires him or her to be segregated from the public or other employees, that is not considered to be a “reasonable accommodation” under the law.

NFL, MLB,NBA,NHL,NCAA ARE POISED TO CHALLENGE NEW JERSEY ON SPORTS BETTING LAW

The four major professional sports leagues and the NCAA are poised to move forward with their legal fight over New Jersey plans to allow sports gambling.

This comes after a Federal Judge rejected arguments that the leagues couldn’t prove they would be harmed if the state proceeds with their plans.

The Judge denied the states request to dismiss the lawsuit by the NBA, NHL,NHL,NFL and NCAA. United States District Judge Michael Shipp agreed that they have standing to file the suit because expanding legal sports betting to New Jersey would negatively affect perception of their games.

In his ruling, the Judge cited studies offered by the leagues that showed fans’ negative attitudes toward game-fixing and sports gambling.

New Jersey also has argued in court papers that a 1990s law prohibiting sports gambling in all but four states is unconstitutional, and Shipp ordered that a date for oral arguments on that issue will be set after January 20th.

Cold War Movie set to be made next year

Frank Osekowsky
December 23, 2012

The movie, which aims for a 2014 release date will be called “Reykjavik” will begin filming in March.

This movie will be set around the Reykjavik summit in 1986 between Ronald Reagan which will be played by Michael Douglas and Michael Gorbachev played by Christopher Waltz that while unsuccessful ended up establishing a connection between the two world leaders that would ultimately result in an international range nuclear forces treaty the following year.

The movie will be directed by Mike Newell who has directed such movies as Harry Potter and the Goblet of fire and Donnie Brasco.

The movie will be filmed in Reykjavik. This film will offer the viewer a unique look into two larger than life figures Ronald Reagan and Michael Gorbachev who served as the catalyst for one of the most defining moments in History-the end of the cold war.

It will be interesting to see how such a liberal actor like Michael Douglas will portray a conservative Republican in this movie. Only time will tell.

FORMER ANGELS STAR INDICTED ON INSIDER TRADING CHARGES

 

Former Angels and Baltimore Oriole allstar Doug DeCinces and three others were indicted on insider trading charges after authorities said they used and profited from information prior to take over of an Orange County medical device company.

Doug DeCinces was charged with 42 counts of securities fraud and one count of money laundering.  Each of securities fraud counts carries a maximum sentence of 20 years in prison.

In 2008, DecCinces was told by a close friend and officials at Advanced Medical Optics Inc.  that Abbott Laboratories planned to pay $21 to$23 per share of the company’s stock, prosecutors said.

DeCinces began buying Advanced Medical’s stock, based on that information, and pass along the takeover details to three friends because he wanted to make up for previous investment recommendations that had gone bad, according to prosecutors.

Once Abbott’s offer was made public, DeCinces shares and profited about $1.3 million, court documents show.  Abbott acquired Advanced Medical Optics in January 2009.

DeCinces three friends also each brought and then sold Advanced Medical’s stock and made $140,000 to nearly $350,000.  Each of the friends were indicted on insider trading and fraud charges.

The Securities and Exchange Commission previously filed a civil lawsuit against DeCinces that was settled last year when the former leaguer agreed to pay $2.5 million.

Doug DeCinces is set to appear in court on December 17