What is at Stake in the 2018 elections

Here is a list of who’s at stake in the upcoming 2018 mid term elections

U.S. Senate– 35 of 100 Senate seats are up for grabs

U.S. House of Representatives– All 435 House seats are up for grabs

Governors– 36 of 50 States

State Legislators- 82% of positions, totaling 6,070 seats in 67 legislative chambers.

City Governments-Mayors of 26 of America’s 100 largest cities.

State Judges Nearly 300 state appellate judges, including 71 state supreme court justices

Federal Government say’s California’s proposed immigrant driver’s license does not meet national standards.

Federal authorities stated that the proposed design for California driver’s license for immigrants who are in the country illegally does not meet national security standards.

Homeland Security officials told California’s Department of Motor Vehicles that the license would need to state on its face that it cannot be used for federal purposes and should contain a unique design or color.

As of now, federal officials have stated that the license will not meet requirements under the Real ID act.

California has been planning to issue licenses to immigrants with different lettering on the front and a notice that the card isn’t valid federal identification on the back.

A DMV spokesman says the agency will work with lawmakers, communities and federal officials on the new license.

AUGUST IS NATIONAL WILL MONTH

Franks Paralegal Service
562-228-4840
franksparalegal@yahoo.com

Creating a Last Will: Pros and Cons

Having a last will in place at the time of your death is a smart choice, but as with everything, there are advantages and disadvantages to consider when drafting one. Some of these pros and cons are discussed below.
Advantages of a Last Will
• You can leave property to those you choose.
One of the greatest advantages to having a will is that you can choose who will receive what from your estate. Without a will, your estate is subject state laws of “intestacy.” That means the people you would like to benefit may receive little or nothing, while others with whom you’re not as close receive the bulk. Accordingly, if you are not married but have a long-term partner, he or she could receive nothing under such laws. Alternately, if you are in the process of a divorce but it has not been finalized, without a will, your estranged husband or wife could make a claim on your estate.
• You can name a guardian for children and provide for them.
A will allows you to choose a guardian for your children and set aside funds to make sure of their support and comfort.
• You can create a testamentary trust in the will.
You can create a testamentary trust within a last will, which is created upon your death and used to hold property for another person’s benefit, such as your children.
• You choose your executor.
The executor is in charge of making sure all your bequests are carried out. A will gives you complete control over deciding who this will be. The executor should be someone who is willing and able to handle everything that is involved with the closing of your estate. Without a will, a court appoints someone to administer your estate, and that person may not be someone you would choose.
• You can plan for personal matters.
From burial arrangements to pet care, you can use a will to dictate what type of services, if any, you would like, and other personal matters.
• You can amend it.
Circumstances change, and so can your will. Through a “codicil,” you can amend any provisions of your will at any time so that they better reflect your most current wishes and assets.
• You can revoke it.
If you find that a will no longer represents your interests, you can revoke it entirely and start over.
• Doesn’t have to be expensive.
Creating a last will can be surprisingly affordable, particularly if your finances, assets and beneficiaries are fairly straightforward.

Disadvantages of a Last Will
• Possible challenges.
Although it’s possible that someone could challenge your will, if you have followed all of the proper procedures in its creation, your will and its provisions will likely stand.
• May need to go through probate.
If you have assets that pass under your will worth more than a certain amount, your will must be filed for probate, the procedure through which a decedent’s assets are distributed; this can be a long process, which can, in turn, be costly for the estate. In contrast, a living trust does not require probate.
• It is public record.
A will becomes public record once it is filed for probate, which means anyone can search for it and see its contents.
Final Thoughts on Last Wills
All of the disadvantages listed above can be addressed with proper will planning and/or other estate planning documents, so don’t let the potential downsides discourage you from expressing your last wishes in writing.
Also, laws regarding last wills do vary by state, so it is crucial that you understand the requirements for drafting and signing a valid will in your jurisdiction to avoid further problems in its execution.
It’s National Make-a-Will Month! Protect your family. Call us or email us today.

We can prepare a will for you for $80.00 just for the month August only

FIVE NFL TEAMS THAT COULD MOVE TO LOS ANGELES

FIVE NFL TEAMS THAT COULD MOVE TO LOS ANGELES

With the Super Bowl approaching, I decided to take a look at 5 NFL teams that have a great chance of moving to Los Angeles. The NFL has already stated that if Los Angeles gets an NFL team it will be a team that relocates from another city.

SAN DIEGO CHARGERS
San Diego has a 3 month escape clause at the beginning of each calendar year. The NFL doesn’t want the Chargers to move from San Diego. The owners of the Chargers are still in talks with the city of San Diego about a new stadium.

ST.LOUS RAMS

The team has submitted a proposal to renovate the Edward Jones Dome to the St.Louis Convention and Visitors Commission. If is accepted, the teams lease extends through 2025. If they reject it an arbitrator, will work out a compromise plan and the city accepting that one in December would also extend the lease to 25 if the city turns that one down, and out could be enacted in the Rams lease in January 2015, pending some litigation.

A lot of people in the Los Angeles area are still bitter and upset that the Rams left once before and they may not be welcome back in Los Angeles.

OAKLAND RAIDERS

Raiders lease in up in 2013. One possible idea is sharing the 49ers Sanita Claria stadium which is set to open in 2014. Another idea is to redo the coliseum in los angeles, Oakland Raiders are in talks with the city of Oakland about building a new stadium.

JACKSONVILLE JAGUARS

The teams lease is up in 2013. There is an out, but a tough one to enact. The jaguars would have to prove they lost money for 3 years in a row-not an easy feat now and one that might be tougher when there new TV deal kicks in. The new owner of the club Shahid Khan, seems committed the Jaguars where they are at.

BUFFALO BILLS

Owner Ralph Wilson has said that he would not move his team will he still is living. The club’s succession plan is to put the team in a trust and sell to the highest bidder. Still, the club is negotiating a new lease and renovation plan.

So which of these teams do you think will move to Los Angeles? Only time will tell.

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.

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.

FINAL LOCATIONS OF THE SPACE SHUTTLES

November 13, 2012

Here is a complete list of the locations of where all of the space shuttles and where they are at:

 

  Enterprise:   Shuttle prototype used in jetliners-drop tests over Edward Air Force base in California in 1977 and never flew in space.  The Enterprise was original on display in the Smithson Institute in Virginia and was flown to New York City this past April and was moved to the Interpid Sea, Air and Space Museum in June.

 Columbia:   Destroyed during descent on February 1, 2003 after 28 missions dating back to 1981.  All 7 astronauts were killed.  The wreckage is stored at NASA’s vehicle assembly building at Kennedy Space Center for research.

Challenger:  Destroyed during launch on February 28, 1986 after 10 missions dating back to 1983.  7 astronauts were killed.

Discover:    Discover was moved to Smithson Inst. Hanger in Northern Virginia in April after 39 mission dating back to 1984.

Atlantis:  Moved to Kennedy Space Center after 33 missions dating back to 1985.

 Endeavour:  Moved to Los Angeles and placed at the California Science Center in October of 2012.  After 25 mission dating back to 1992 and this shuttle replaced the Challenger.

WHY NEWT GINGRICH IS THE TRUE CONSERVATIVE TO BECOME PRESIDENT

 The last true conservative President that the United States had ended in 1988 with Ronald Reagan.

A conservative is someone that believes in personnel responsibility, limited government, free markets, individual liberty and a strong national defense.

 Newt Gingrich believes in a strong national defense, lower taxes and a small government.

 Michael Reagan released a statement supporting Newt Gingrich for President.

 Here is what he said: “I am endorsing Newt Gingrich for President and here is why:

Newt understands that we must reject and fundamentally change the court that Barack Obama has set for America.

is our only chance in 2012 to contrast a Reagan conservative with Obama’s European’ styled socialism.

Strong national defense, lower taxes and smaller government.

In the 90’s Newt’s leadership brought us with the Contract with America which changed Washington.

I’m confident Newt can do it again.

We cannot afford a candidate backed by the same Washington insiders who repeatedly tried to undermine my father and the Reagan revolution.

It’s time to choose.

Do we go forward with bold ideas or continue with failed policies?

So I ask my fellow Republicans and conservatives to join me in supporting Newt Gingrich for President.”

Newt’s 21st Century Contract with America Overview The 21st Century Contract with America consists of 4 main components:

 1. Legislative proposals that will shift America back to job creation, prosperity, freedom, and safety.

 2. A Day One Plan of Executive Orders to be signed on inauguration day that will immediately dismantle much of Obama’s government and transform the way the executive branch works.

3. A training program for the transition teams and the appointees who will lead the shift back to Constitutional, limited government.

4. A system of citizen involvement that will help sustain grassroots support for change and help implement the change through 2021.

 The sweeping and vast magnitude of change that the restoration of America will need cannot be done by any one person or Administration. This is why Newt asks each and every one of us to be “with him for the next 8 years, not just for him.”

Part 1: Legislative Proposals Repeal Obamacare Return to Robust Job Creation Unleash America’s Full Energy Production Potential Save Medicare and Social Security Balance the Federal Budget Control the Border by January 1, 2014 Revitalize Our National Security System Maximize the Speed and Impact of Medical Breakthroughs Restore the Proper Role of the Judicial Branch Enforce the Tenth Amendment

Part 2: Day One Executive Orders Eliminate the thirty-nine White House “Czar” positions “Mexico City Policy” of Respect for Life Restore conscience clause protections for Healthcare Workers Respect Each Sovereign Nation’s Choice of its Capital End the Attorney General’s Assault on the States The Keystone Pipeline

So let’s help the only true conservative candidate that is running for president, Newt Gingrich.

NEW CALIFORNIA LAWS FOR 2012

By: Frank Osekowsky

12/19/2012

As 2011 is near an end, I decided to take a look at some of the new laws that will take effect for California in 2012.

 

DUI  CHECKPOINT LAW

Unlicensed but sober drivers stopped at DUI checkpoints across the state will no longer face an automatic impounding of their vehicles.  They will still face a fine for driving without a license, but they will have the option of relinquishing control of their vehicle to a licensed driver avoid having it towed and impounded.

EMPLOYMENT CREDIT CHECK LAW

Employer’s will longer be able to request credit reports for new employees, unless they are applying or working in a financial inst, law enforcement or the justice department.

This law also exempts workers who have (1) has access to people’s bank or credit card, social security numbers and date of birth; (2) has access to an employer’s proprietary information or trade secrets;(3) signs a check, credit cared, financial contract, or transfers money for an employer and (4) has access to more than $10,000 cash or (5) is a manger in certain industries.   This law will take effect on January 1, 2012.

GAY BULLYING LAW ALSO CALLED SETH’S LAW

This law will require that all public schools to have a uniform process dealing with gay bullying complaints.  Mandates that school personnel intervene if they witness gay bullying.  This law takes effect on January 1, 2012.

LGBT EQUALITY AND EQUAL ACCESS TO HIGHER EDUCATION LAW

State Univ. and colleges must create and enforce campus policies protecting LGBT from harassment and appoint employee contact persons to address on campus LGBT matters. 

PROTECTION OF PARENT CHILD RELATIONSHIP LAW

This law will allow courts to consider the relationship between a child and a non biological parent when considering child rights cases involving birth parents, adoptive parents, and gay or lesbian parents.

GAY DIVORCE LAWS

This law provides that if a gay couple gets married in California but lives in a state that will not grant them a divorce, the California courts will have jurisdiction to grant them a legal action.  The case will be filed in the county where the gay couple were married.  This law takes effect January 1, 2012.

CALIFORNIA GAY HISTORY LAW

In 2011, Governor Jerry Brown signed the Gay History Law, which mandates that school textbooks and social studies include gay, lesbian, bisexual and transgender accomplishments.

PREGNANCY DISABILITY LAW

This law prohibits employers from refusing to maintain and pay for group health insurance coverage for the duration of pregnancy disability leave, up to four months in a 12-month period.

E VERIFY SYSTEM

This law provides that state agencies, cities, and counties cannot require private employers to use the federal E-Verify system to confirm the legal immigration status of workers they hire, except when required by federal law or as a condition of receiving federal funds.

E-Verify is a computerized system maintained and operated by the U.S. Department of Homeland Security, in partnership with the Social Security Administration. E-Verify allows employers to use the program, on a voluntary basis, to verify that the employees they hire are authorized to work in the United States

These are just some of the 700 laws that will take effect in 2012

RECENT NEWS FROM LONG BEACH CALIFORNIA

October 12, 2011 Long Beach City Council approved $18.4 million from oil fund to use as a windfall to protect cuts to public safety and other cuts.

The long beach city council voted 6-3 to approve to use these funds.

Here is a breakdown on the how the Long Beach’s extra oil money will be used.

$2 million to increase the city’s reserve funds;

$1 million to close a deficit in next year’s budget;

$2.5 million to cover one-time costs of implementing recently passed police pension reform;

$2.2 million to fund police overtime;

$1 million to help construct a tunnel to transport prisoners from the city’s jail to the new courthouse;

$650,000 for upgrading police technology;

$350,000 to implement a “short-sotter” gunshot defecting system;

$150,000 to provide real time locations of fire department vehicles;

$100,000 to replace 2 sewage sepic tanks at the police academny;

$4.5 million to fund public works project; $1 million to replace sidewalks;

$500,000 to trim trees in parks;

$565,000 to trim trees on city streets;

$150,000 to upgrade the city website;

$4.5 million to fund public works projects;

 THIS INFORMATION WAS PRINTED IN THE LONG BEACH PRESS TELEGRAM AND TAKEN FROM AN ARTICLE THAT THE RECENLTY PUBLISHED.

LONG BEACH AIRPORT RECEIVES GRANTS FRO RUNWAY AND ENIVIRONMENTAL IMPROVEMENTS

On October 7, 2011 The Long Beach Airport received two grants from the Federal Aviation Administration totaling $6.1 million.

The airport plans to use much of a $5 million grant to reduce air pollution by enabling planes to use electricity from the airport rather than diesel generators while they are parked. Some of the grant will also go toward fixing aging runways.

A second $1.1 million grant will fund a study of the airport’s network of runways and taxiways.

The also will be doing an airfield geometry study which will assess the optimal design for the airport, taking into account safety, maintenance costs and the most efficient way to reach the airport’s maximum number of takeoffs and landings. :

These dollars are essential to maintaining our airport, which is one of the most important economic assets to our city,” Long Beach Mayor Bob Foster said.

THIS INFORMATION WAS PRINTED IN THE LONG BEACH PRESS TELEGRAM AND TAKEN FROM AN ARTICLE THAT THE RECENLTY PUBLISHED.