Submission of application to dismiss the complaint of illegal detainee (eviction) in California

This article will consider the use of a motion to strike under the detention of illegal actions (eviction) in California. This type of application may be filed, if the application requires the assistance or compensation for damages, which are not supported by statements of the complaint or not checked in accordance with the requirements of the law.

During the strike it may be required to lose the entire complaint, or only some parts. The Court may only consider issues with & # 39; appear on the face of the complaint. As is the case with demyuleram, is not allowed here no external evidence, moreover, that can be seen on the merits.

Section 436 of the Civil Procedure Code, in pertinent part, that the application may be filed to make the ban on any unnecessary things that are inserted into any legal message and declare a strike for any criminal record or a part thereof, have not been concluded in accordance with the laws of that State.

In the case of an illegal detainee complaints to code it said that it should be tested to the plaintiffs. If the complaint is not checked, the entire complaint should be filed on the grounds that the complaint is not checked, as required by Section 1166 (a) of the Civil Procedure Code. Thus, the complaint is not made in accordance with the law of that State.

Or if the complaint requires eviction lease or other damage, but a three-day message to be applied to the complaint, does not contain a request for rent or other damages, which means that the complaint should be exposed.

Many complaints about evictions require additional statutory damages for willful behavior, but do not assert facts supporting the conclusion of nastiness. This, of course, subject to the application for the right to strike, as several appellate courts agreed.

Abuse UD, which contains a prayer for the statutory loss (up to $ 600, in addition to actual losses), if the application does not recognize the facts that are adequate to support a finding of "malice", with & # 39 is incorrect and, therefore, subject to the strike.

California Court of Appeal ruled that if a claim for the right to & # 39 appears on the face of the complaint that has legal effect, this complaint must be exposed.

Since there are no provisions on the timing of the proceedings of the petition for a strike, the timing for submission of applications are governed by Article 1005 of the Civil Procedure Code, which requires 16 days reported a hearing on the case of the movement to strike plus five calendar days in the statutes governing illegal zatrymalnikav for messages mail. Judicial means days from Monday to Friday, except during the judicial holidays. The defendant, who wants to file a motion to strike, should contact the court employees and get a hearing date within 4-5 weeks from the date of the document, not later than thirty-five (35) calendar days, or in the very early periods when they have a & # 39 appeared court reporter. .

Please note that some officials will try to tell you that you have to give the same message as the movement of the termination, it is not true. To apply for the strike is also required is the same as the previous message in the court within 16 days, as well as for the deputy. See. Group Rutter Cal. Landlord-tenant on Practice Guidelines Chapter 8 From 8: 255.5 (2012).

The author is sincerely hoped that you enjoyed this article.


Stan Burman

Copyright 2012 Stan Boorman. All rights reserved.

California law on particular financial partially invalidated

Federal Court of Appeal of the 9th district struck by privacy advocates, nullified the law on privacy California. In closing arguments, beginning of the American Bankers Association and others, the Court of Appeal overturned the trial judge's conclusion that the California law can stand. Instead, the Courts of Appeal considered that the law was partially deprived of the law of the Federal Law on the fair and accurate credit transactions in 2003.

If the law is contrary to the federal government, federal law takes precedent. For example, the Supreme Court decided to break the constitutional protection. No state can not legislate against abortion, and do them.

The question in the law of California was a section that gives Californians the right to block financial institutions from selling their private information to third parties.

Court judge in San Francisco, Morrison C. England Jr. ruled that section, contrary to the provisions of the Fair and Accurate Credit operations, but it is not prevented, because federal law allows for a more stringent state laws. Court of the 9th round did not agree.

The case will be returned to Judge Morrison in the next 60 days. It then determines whether to comply with any other provisions relating to the sale of personal financial information. Taking into account the decision of the appeal, it is difficult to imagine a resolution defends the section of California law.

Despite these developments, about seventy percent of the Privacy Act, California is still running. Financial institution still must get the customer's permission before selling or sharing your information with third parties.

You must take care of the financial institutions that sell your personal information to others. In all cases, the theft of identity in the news, most likely you will eventually become a target. Banks should focus on the protection of its customers, and not to make a private information.

California live translations that invalidate your insurance policy

We all need a Californian living trusts. They are the best way to avoid probate. The controversy lies in the fact that the road advakatarski intensive process you have to go through, if you do not have a living trust in California. In fact, the promotion can cost more than 10% only in your home (around 23 000 dollars to 200 thousand dollars at home). And with high home values ​​in California, the average house costs about 37 thousand dollars in probatnyh fees.

When using live trust in California; but we must trust fund. This means that we transfer ownership rights in the Living Trust, using the deed. Whether it is a grant or a declaration of refusal, it is usually something like this:

Recipient: Joe Smith, an unmarried person

Organizatsyya: Joe Smith, Trustee, Joe Smith Family Living Trust

This is called a voluntary transfer, but in some policies related to the titles they may have to give up that lead to loss of coverage.

This is because the Court found that the voluntary transfer occurs when the ownership is transferred to persons, as in the above example, as the Trustees revoked their living trusts.

It is likely that many homeowners do not even realize that their property is damaged.

There is a way to find out. Unfortunately, the title of each policy has its own "unique situation. These problems are mainly manifested in the politics of the American Association of land ownership (ALTA) and the California Association land ownership (CLTA).

ALTA Policy of 1970, 1987, 1990 and 1992 exclude the voluntary translations, as does the standard policy of protection in 1990 CLTA.

These policies specifically exclude the voluntary translations. There are others, you just need to check.

Thus, the conclusion here is to ensure that your policy of ownership remains intact after a voluntary transfer of ownership from the person at the California life.

What's the deal with the rights of ownership?

Policy ownership – this is what guarantees you a clear title, and you will find it useful if you are going to sell the property. For example, five years ahead. Are you selling this very house, and he is on maternity leave. Title company, mutually selected participants purchase and sale of real estate, says that there is a problem. This is the beginning of a very long and involved process to cure the defect. And it is likely that it will be more than just a transfer of ownership of a person to trust, because it will be another voluntary transfer.

Many just throw this policy on the ownership of real estate purchases folder and forget about it. But now it's time to remove it, remove the dust and ensure that the contract is not allowed to exclude the voluntary transfer.

Information on areas located in the territory of the society, for the State of California

I. Background

Proposition 13, which was adopted in California in 1978, imposed fiscal constraints on local governments by limiting the size of the property tax. Before the adoption of Proposition 13, the local authorities launched a long-term general obligation to fund public improvements needed to serve new development projects. These general obligations were repaid by collecting the total property tax on all residents who live within the boundaries of the jurisdiction of local governments. On the eve of the adoption of Proposition 13, the tax rate on real estate in California accounted for three percent (3%) of the fair market value of the property. Proposition 13 effectively prevents local authorities to increase the general property taxes, which fall under the jurisdiction of the local government to fund new public improvements, which ultimately served only to new areas that are developing, which accounted for a small part of the boundaries of the jurisdiction of local authorities. In fact, Proposition 13 now requires new development to pay for their own social improvement directly. Today is expected to develop a draft land to pay for schools, roads, fire stations, and numerous public improvements needed to serve the end users of the project.

The law on public service Melo-Roos 1982 was adopted by the California legislature in 1982 to allow local authorities to create a district community space, which has the right to levy special taxes within the district area. County municipal buildings to help local authorities and developers in dealing with large loads, related to the financing of public improvements since the enactment of Proposition 13. In a nutshell, the district, which operates in the field of public utilities, may issue long-term bonds that are exempt from tax for financing of public welfare, which are paid by levying special taxes, which are collected from taxes on real estate property owners who live within the boundaries kamunalnag District District. The use of financial liabilities that are exempt from taxation district local institutions to pay for public improvements, leading to the cost of borrowing, lower than the traditional forms of financing used by developers. These lower costs for financing district, situated on municipal services, benefiting all participants in a real estate transaction, including the end-user's own.

II. WHICH ZDAROBY can this funding area GASPADYTSYI?

County municipal institutions can finance the purchase, construction, expansion, improvement or restoration of any fixed and other real estate with the estimated term of benefits for five years or more, or may finance the planning and design work, directly related to the purchase, construction, expansion or rehabilitation of any real or material possessions. For example, public institutions of the district can fund a & # 39; sites, including, but not limited to them, the following:

(A) The local park, recreation areas, parks and open spaces.

(B) sites and structures for primary and secondary schools on the condition that the premises comply with the building area and the rate of application, established by the State Council on the distribution.

(C) Library.

(D) institutions.

(E) Public facilities district can also finance the construction or under-utilization of the & # 39 water transmission and distribution facilities of the & # 39 objects of pipeline natural gas, telephone lines, installations for power transmission and distribution and cable lines to provide access to them . Services for customers who do not have access to these services for clients who do not have access to these services, or to alleviate the existing visual sensations.

(F) District municipal institutions may also finance the purchase, improvement, repair, or maintenance of any real or other material property, private or public property, for protection services from floods and rainstorms, including, but not limited to, storm water drainage and treatment systems and protection from sand storms.

(H) Any other government agencies, the legislature, which creates public spaces authorized by law to make a profit, build, own and operate.

(I) (1) District of utility institutions may also pay for:

(A) The works, which are considered necessary in order to buildings or property, including the private ownership of buildings or real estate, in accordance with the seismic standards and safety regulations.

(B) In addition, as part of any district or area designated by the President of the United States or the Governor, as the zone of disaster, or for which the governor declared a state of emergency because of the earthquake losses. pay for any work that is considered essential for the restoration of property damage, either directly or indirectly caused by the occurrence of earthquakes, given in the President, the appointment of the governor or the declaration or as a result of shocks associated with the occurrence of the earthquake, including the reconstruction, repair, or replacement of lifting off the coast any buildings damaged or reconstructed, repaired, raised on the beach or replace any buildings damaged or destroyed by the earthquake, and in particular, including, but not limited to chysya them work on any building is damaged or destroyed by the earthquake Loma Prieto, which was held October 17, 1989, or as a result of shock.

(2) Work on the property of private property, including the reconstruction or replacement of buildings of private property in accordance with subparagraph (b) of paragraph (1) can be financed to tax only in the case when all the votes on tax collection, vote for collection of taxes,

or with the prior written consent of the owners of all the property tax, which may be taxed in this case the prior written consent shall be deemed a vote for the tax and any associated with the issuance of bonds.

(J) The area of ​​public services can also pay for:

(1) The works, which are considered essential for the repair and reduce damage caused by the destruction of the soil in private buildings.

(2) Works in private buildings and structures in accordance with this division, including reconstruction, repair, and reduce the harm caused by the destruction of the soil, can only be financed by a tax, when all the votes cast for the question of recovery of the tax vote in favor of the tax collection.

(K) The area of ​​public services may also finance the purchase, improvement, repair, or maintenance of any real or other material assets, rehabilitation or maintenance of any real or other material property, public or private property, for the purpose of removal or remedial action to clean up any hazardous substances who fall or threaten to release to the environment.

What services can be funded area of ​​public spaces?

Neighborhood community space can also be created to fund any or several of the following types of services within the area:

(A) Service of police protection, including criminal justice services, but not limited to. However, criminal justice services are limited to the provision of services in prisons, pre-trial detention facilities and juvenile halls.

(B) fire protection and fire services, as well as ambulance and paramedic services.

(C) Program services recreation, library services, maintenance of sites and facilities for primary and secondary schools, as well as museums and cultural service of the & # 39 objects.

(D) maintenance and illumination of parks, parkways, streets, roads and open spaces.

e) flood protection services and thunderstorms, including, but not limited to, operation and maintenance of storm drainage systems, plowing and snow removal, and protection of sand storms.

(F) Services related to the removal or correction of measures to clean up any hazardous substance that is ejected or threatened release to the environment.

The law of search and seizure in California

"Search and seizure"

The Fourth Amendment to the US Constitution states that we have the right to be free from unreasonable "search and seizure" law enforcement authorities. This applies to both federal and state authorities.

Rule the Fourth Amendment against unreasonable search and seizure means that the police can not search you or your property, if you do not meet one of the following:

They got a warrant to search the real from the judge, otherwise the search fall under one of a number of exceptions to the warrant requirement, recognized by federal and California courts.

Exceptions to the warrant requirement:

Exceptions to the rule that the police require a warrant for search and seizure dependent on the type of property that are looking for.

Mobile phones

There are special rules for when police can conduct a search, "smart phones" and other electronic devices without the authorization of the warrant.

For example, exceptions that apply to police searches in the mobile phones are different from those that apply to police searches of vehicles.

But, in general, exceptions to the warrant requirement to searches and seizures are for:

The search / seizure, made with someone's voluntary consent;

The search / seizure that occur to a lawful arrest, the police is looking for any weapons that could be used against them, or criminal evidence, which might otherwise be destroyed;

inspection check, for example, at international borders;

Searches of vehicles, when there is "probable cause" in the opinion of the police that the vehicle contains evidence of the crime (this is known as "the vehicle an exception" on demand warrants);

The search apparently inkryminatsyynyh items that are in "normal vision" and the law enforcement bodies carry out otherwise lawful search warrant;

The search / seizure in emergency situations, which are necessary to prevent injury or suras & # 39; oznay damage to property or to search for a suspect who escapes;

"Stop and fury" of a suspect in a criminal case (that is, a search of his upper garment) until he / it temporarily contain (it is sometimes called "Terry stop") to look for a weapon that could be used against the officer; and

Searches in situations where there is no reasonable expectation of particular people.

What happens if I become a victim of an unlawful search and seizure?

If you are the victim of an illegal search and seizure by the police, then you and your California criminal lawyer protection can apply to the court to exclude this evidence in your case. This is what is known as the "exclusionary rule".

This usually occurs through the movement of the PC that provides the action of PC 1538.5 to suppress evidence, that & # 39 is an important kind of advanced movement in California.

To help you better understand where the police can legally conduct a search in the car or truck in California, our lawyers on the criminal protection of California will be treated to the following:

1. The laws of California, search and seizure and the "reasonable expectation of particular"

2. California warrant for search

3. Exemptions from the requirement of a warrant for search and seizure

3.1. Exceptions to search for home / residence

3.2. Exceptions when searching cars

3.3. Exceptions for mobile phones and computers Search

3.4. Exception "normal view"

4. "Exclusion rules" and illegal search / seizure

4.1. "The fruit of the poisonous tree"

1. The laws of California, search and seizure and the "reasonable expectation of particular"

Laws on search and arrest in California originate from:

The Fourth Amendment to the US Constitution and Article I of the California Constitution section.

These constitutional section provides that all citizens have the right to be free from "unreasonable searches and seizures."

search car

The Fourth Amendment to the US Constitution protects you from unreasonable searches and seizures.

But as a rule, you are only protected from unreasonable search and seizure of the property in which you have a "reasonable" expectation particular.

Here are a few examples of places / property in which you have a legitimate expectation of privacy that protects you against searches and seizures:

Your home,
Your mobile phone, computer and other electronic storage devices,
Tent or tarp,
Hotel room and
Personal property, which they bring to the public school students.

They have a search warrant or
One of the exceptions to the warrant requirement.

2. California warrant for search

Many searches / seizures in California with a & # 39 are constitutional because it is handled with the current search warrant.

A search warrant must be signed by a judge.

A search warrant must be allowed to state or federal judge. Warrant entitles the police to search and / or remove items that are either
It may be an indication that a crime has been committed in California, or
It may be an indication that a particular person has committed a crime.

To be true, a search warrant must be based on "probable cause" and specifically describes both
area you want to search for, and
property or thing are looking for.

Due to the fact that he can search warrant to be invalid or faulty, include:

police officer intentionally misleading the judge about the facts that justify the warrant (Form violations of police regulations, which occurs all too often);

The warrant was not specific enough in relation to the area you need to look for any type of evidence that must be sought; and / or

The judge who issued the warrant, was biased.

3. Exemptions from the requirement of a warrant for search and seizure

Some searches or seizures places / property in which you have a legitimate expectation of privacy act, even if they were made without a warrant, as long as they fall within one of a long list of well-recognized "exceptions" on demand warrants. .

The US Supreme Court has put forward a number of exceptions from the requirement of a warrant for search and seizure.

3.1. Exceptions to search for home / residence

The police can enter and conduct a search in your house, apartment, trailer, etc. without pre & # 39; appearance of order when used one of the following circumstances:

You (or anyone else who has authority over the premises) have agreed to search for your home;

There is imminent danger to life or a threat sur & # 39; oznay damage to property; or
The search was conducted in connection with a lawful arrest – and is done either to arrest security enforcement officers or to preserve evidence of the crime of arrest, which would otherwise be destroyed.

3.2. Search for car Exceptions

Under certain circumstances, the police may conduct a search in your car without a warrant.

The police are conducting searches on cars without a warrant, if satisfied that any of the following:

You (or anyone else with the authority to do so) agreed to search for your car;

The police have "probable cause" considers that the vehicle contains contraband or evidence of a crime;

The police lawfully arrested a passenger car – either the detainee is at a distance from the vehicle interior, or is reasonable to assume that the vehicle contains evidence of a crime for which arrested;

Police temporarily delays the passenger car through a stop Terry and reasonably believes that he / it can be dangerous and have access to weapons, which is stored in the car; or

The car has been lawfully detained by law enforcement agencies (as may happen if you make a car the code 14601 for the driving conditions on the permit), and they spend the "inventory search".

As soon as the police catch up with them, they conduct a search of the car and found marijuana hidden under the seat.

Marijuana can be used as evidence against Matilda and Nicole, but the police did not have a search warrant in the car. Their suspicious behavior led police to a high speed chase when they came – established probable cause to search his car.

3.3. Exceptions for mobile phones and computers Search

The search for a computer & # 39; yuterav / electronic devices without the guarantee shall be settled only in a few specific circumstances.

The police can conduct a search on your mobile phone or conduct a search of your computer or hard drive, a tablet computer or other electronic device – without the approval of the order in the following circumstances:

If you or anyone else with the authority by phone / computer / electronic device, consents to a search / seizure;

In an emergency, when the police can show the urgent need for a device looking to pursue outgoing suspect or assist someone who suras & # 39; ozna injured or threatened with imminent injury; or

When transporting the device across the international border (including at airports).

And finally, if, prior to June 25, 2014 California police conducted a search on your mobile phone without a warrant, as long as you are under the legal custody, the prosecutor's office, probably can use this evidence against you.

This is because before that date the law in California was such that under these circumstances free cell phone lookup

In June 2014 in California The search incident uninterrupted mobile services were held.

3.4. Exception "normal view"

Exception "normal looking" – is another important exception to the rules of the search warrant and seizure in California.

In principle, an exception to the usual form says that, when the police searches of the property legally (with a warrant or for a warrant exceptions), they can also look for any items that are in the "normal view", as long as they conduct search and obviously, is charged with.

4. "Exclusion rules" and illegal search / seizure

If you have been the victim of unlawful search and seizure, you have the right to have any evidence that the police had received as a result of the search or seizure "suppressed". This means that the evidence can not be used against you in court on a criminal jury.

You and your California criminal lawyer can protect the suppression of evidence obtained as a result of illegal police search.

This is what the law of California is known as the "exclusionary rule".

Your lawyer can challenge the criminal liability of any evidence of a false search / seizure by an application of the Penal Code 1538.5 to suppress evidence before trial.

If the application is granted – and the evidence from the & # 39 are crucial to the prosecution case against you – you may be able to reduce the charges against you or even reject it.

4.1. "The fruit of the poisonous tree"

"Exclusion rule" applies not only to the evidence found during an illegal search, but on the evidence that the police found an indirect result of the illegal peratrusu.58

This is what is known as the doctrine of the "fruit of the poisonous tree."

"Poisonous Tree" – an illegal search or seizure, and "fruit" – is any evidence that the police can not identify as an indirect result of an illegal search or seizure.

Visitation rights of grandparents in accordance with the law of California

Unfortunately, many parents and their adult children, their spouses, significant others or domestic partners have strained relations. This fact of life is further enhanced when the grandchildren are involved, and parents are trying to deny grandparents in a relationship with her grandson or grandchildren.

California sought to solve these common problems the adoption of the Family Code, Sections 3102-3104. However, even under these statutes, there is a limitation on the rights of grandparents to visit their grandchildren. Below we consider the current state of the rights of grandparents in accordance with the law of California.


1. Family Code, Section 3102 states that: "If one of the parents of a minor child died … parents deceased father may be given reasonable visits with the child during the child's minority in finding that the visit would be in the interests of a minor child …. "

2. CAVEAT: Even if the father and the court, which gives the right to visit the grandparents after the death of a minor child shall be the surviving father is getting married, and the new husband and wife adopts a minor child, grandparent 39. The right to continued visits with her grandson or grandchildren can and will be terminated if both the parents and adoptive stepfathers do not want more to grandparents continued to visit.


1. Family Code section 3104 provides that an application to establish visitation rights of grandparents can not be filed if the natural or adoptive parents are married, but one or more of the following circumstances:

a) at the moment the parents live separately and apart on a permanent or indefinite basis; OR

b) One of the parents was no more than one month, without any of the other spouse, where it is located. OR

c) One of the parents joins the petition with their grandparents; OR

d) a minor child does not reside in any of the parents; OR

e) The child has been adopted by his stepfather.

2. If any of the five (5) there are exceptions, the grandparents may apply to establish visitation rights of grandparents.

3. The application and grandparents must be submitted to each of the parents of a minor child, any step-father and the grandson of anyone who has physical custody of her grandson by personal service.

4. CAVEAT # 1: Even if the conditions that initially allow the Court to grant the application of the visits of grandparents, when parents grandson still married, should at any time thereafter cease to exist qualifying conditions, grandson, etc. The parents or the parents of 39; may apply to the court to stop the grandparent visits, and the Court must give a termination (Family Code, 3104 (b)).

5. Support number 2: If the parents of two or adoptive parents agree that the grandparents can not attend a grandson / grandchildren, there is a "refutes the assumption" that a visit to the grandparents are not in the interest of the minor child (Family Code 3104 (e)).


1. Family Code section 3103 provides: ".. in the process described in section 3021 (eg, divorce, invalidation of marriage, legal separation), the court may give a reasonable visiting the grandparents of the minor child's party the proceedings, if the court determine that a visit to the grandparents is in the child's best interest. "

2. The notice requests and grandparents of Rights to visit PADAROZHA be provided by certified mail, handling the conversion of the conversion of each of the parents grandson any stepfather and any person who has physical custody of the child.

3. The court may grant reasonable grandparents visitation rights if the court with the following:

a) finds that between grandparents have mutual relations, which have generated a link to visit is in the interest of the child; And

b) balances the interests of the child when visiting grandparents against the rights of parents to exercise parental authority.

4. The support number 1: If the parents of a minor child WHERE agree that grandparents should not be granted visitation rights, created defeats the presumption that acts on the burden of proof that a visit to the grandparents are not in the interest of the minor child (family code 3103 (d)).

5. CAVEAT number 2: If one of the parents in case of divorce, legal separation or invalidation SOLE was granted legal and physical custody of the minor child / children, and when his father objected to visit the grandparents, it also creates a refutable presumption that It affects the burden of proof that a visit to grandparents does not correspond to the interests of the minor child (Family code 3104 (e)).

The cost of an insignificant degree at California State University just expensive

During Obama's inflation has been completely non-existent, but you would not know it to look at the increase in teaching in colleges and universities at the national level, especially in California. Students in high school say that the college is obliged to have a fruitful life and to live in the elusive middle class, and they are ordered to go into debt to get that degree (more akin to economic enslavement) without the guarantee. Most of the teachers and college administrators are 2%, 1%, but significantly ahead of what their students need to wait to get there. Let's talk, because the academic bubble is still under construction and is about to go – everything spiraled out of control.

Los Angeles (Eyewitness News 7) March 22, 2017 with the & # 39; was rather alarming segment partner ABC News ( "Eyewitness News 7"): March 22, 2017 CSU trustees vote for higher education by 5%.

Firstly, I would like to point out that education in the California State University system has not improved, by any measure, and the attention it has worsened. Students who have suffered disciplinary assessment, estimated at less than the market, as employers realize that their education is not so good, and that these degrees do not portend that the students will be productive employees and did not even have a clue that they are doing.

Most teachers, especially Professor Emeritus, do not spread much in the classroom as they spend a lot of time on a volunteer and now lectures. The increase in expenses associated with the University of hereditary costs (pensions) and an increase in medical Cadillac Style health programs for faculty and staff. And although their pension fund is not as bad as the University of California, which receives underfunding, it is also not used & # 39; e any record – the Trump Trump Bump stock market recently saved their asses (temporarily) if you want to know the real skinny on this.

It's time to face the facts – the CSU system (California State University) is broken, academic science are broken, shut the damn universities that offer a degree in gender studies, stability, ethnic equality, LBGT studies – children are not going to work will never recoup those student loans – scientists drug produced any rational standards that can be observed – insignificant – absolutely insignificant that survive at the expense of federal research grants and taxpayers, as well as extorted lnitstvav, subsidies and socialist programs. Some of our analysis centers on the Internet, say right, for example; "To hell with all this, it's just BS now," and I believe that those members of the analytical center are absolutely groundless.

Why 5% increase in tuition fees when enrolling at all times? Why the increase in tuition fees without increasing benefits? Diploma is not worth more than they were last year, and now they cost less. California State University system goes out of control, as well as the University of California, and academia across the country with a debt of student loans in the range of $ 1.4 trillion, 45% of these loans have never paid a single payment or up to 90 days overdue. Academic Industrial Complex – a giant bubble that will burst, and that makes the CSU system? Raise tuition? Oh, well, it just helps a lot … NO!

Combating the California Gold Rush

While tales of fabulous wealth – is a legend, but the pioneer miners of California faced huge obstacles, and most of them barely had enough to eat, not to mention the razbagatsenne. Weather & # 39; e at a certain time, it was a pleasant and favorable to mining and exploration, but at other times it was bitter and nepagadliva. To eat, they had to work in the rain and cold. Winter 1852-53's, perhaps, was the most violent in the history of California. A long spell of rain, which leads to high water in rivers and streams, completely prevented the transportation of supplies from the cities, and a lot of things like, although actual cases of starvation there. Many men live for weeks on a black barley. Beans, even without the ham, to fill them, in some cases, was the only food that is available to miners for weeks. In one camp the pork rind borrowed from one house to another to lubricate the pan for cans (pancakes). The narrative of the personal experience of one miner, who lived on the south branch of Dry Creek, Amador County, in 1852, will give an idea of ​​this year's troubles:

"It rained for about six weeks, and our application was four feet under water for months. There were no swallowing, which would have to pay, and we waited until the rain stopped, until not give any description. Gone are the money, and dust. Something had to be done, even if the rain went into the stream. We had four one Yank, two young married from Illinois, and the man who served in the United States Army in seminolskay war, as well as a volunteer in the Mexican war. We took the pickaxe , shovels and a rolling pin and moved towards Indian sip. passing a short distance away, one of the miners of our group, who came from Illinois, thought of his young wife, and domestic happiness compared with the country, and, overcome by his feelings, crashed into the confused desperation and started to run away into the cabin, where he was found the night which hovers over the cold ashes of the fire, the fire is completely extinguish the Head of the flood of tears.

At the head of the Indian Bay found some fee. We came to work, and about four hours, we, is an admixture grukavyh listening, swinging and breading had an ounce of gold dust. With that, I began to Fideltavne buy dinner for the boys. "

Now at a price of around $ 1,000 per ounce, an ounce of gold dust in 2009, it will be bought by many months of basic food for men, but in those days gold was only $ 20 per ounce. With superior price of food in 1852 (gold at a hundred dollars a barrel, and the meat and seventy-five cents per pound) it was not so much. Our miner continued the tale:

"After standing and wondering, I noticed what I thought, that the rain will soon meet to stocks fell, believed that I would buy, but at night a small amount, etc. Mr. Wingo, gentleman merchant, did I think I do not notice. my embarrassment, but politely sold me a small smear of flour and a piece of meat that went down to the corner of the bag out of sight. I ran to the salon quickly darkness falls and the rain is still falling.

Cries were now almost deeply at the waist, but I went through safely all of them, until he came to Dry Creek. The logs, after which I moved to the morning was not, and the water flowing over the banks. Two or three hundred yards was the cabin, and I knew that a bright light that shines through the door windows, has created a large fire to cook our dinner with our revenue performance and drying. our clothes are soaked with rain twelve hours. It was convened by the Council of hostilities, and was in demand all available information about roads, bridges and ferries. Creek was nowhere to hem; This offer has been canceled without delay. One witness, a member of the Council, recalled that as seen through tree screaming a mile away or a couple of days, but he could not vouch for the fact that it is there. On the & # 39; being the only information available, the commander ordered the change to a possible bridge base. Down by the creek, in the dark, over the rocks and bushes, stumbling and falling, and after hours of hard work bridge was found. It was a cedar tree, an example of which lay at the root, big top, which reached the opposite shore, and the middle droops down so that the water flowed, perhaps two feet in the trunk depth, and every moment threatened to sweep the wood from the dock; in fact, standing on its upper end, I felt like he staggers to the movement of water. But in the submerged part of the limb were that stood out of the flow and order, which operated across the bridge, was enacted, I caution that said: "My boy, if you peretryasesh overboard guys go without dinner." The opposite bank was safe, feeling the road and holding the limb; and an hour later some bread and roast pork, a roaring fire and led us in a comfortable condition and gave the spirit to laugh at all our troubles. "

Such were the struggles and the main difficulties of life in the gold camps of California in the early days.

California notice of fulfillment or waiver of the covenant

California notice on the implementation of the covenant or exit – this is the theme of this article. This alternative form of the three-day California messages are also known as the three-day notice of execution or output, as well as a three-day notice of vylechenni or dismissal.

Lessor in California, who argues that the tenant is violating a substantial lease or rental contract period can start illegal zatrymalnika, also known as the eviction process, serving the tenant of this alternative form of the three-day message, known as a three-day message to perform covenant or quit.

The landlord will use this notice when he says that the tenant violates the terms of the lease and the rent, and the problem can be solved. For example, if the tenant moved without permission from a pet shelter, does not support the device in a clean or violate any other term of the agreement, the notice must ask the tenant to correct the violation within 3 days or move.

The three-day notice of the implementation of the covenant of California or exit must meet certain requirements. The message must be in writing; you must specify the full name of the tenant or tenants; must have an address of rental property; I must specify that the tenant has done violation of the lease or rental agreement, and hold a very specific statement regarding the specific situation of breach of lease or rent, which has been infringed; you must declare that the lessee has the option to fix the problem or move after 3 days; and it must be signed by the landlord or his agent and indicate the date of the message.

California tenants who have been granted a 3-day notice on the implementation of the Covenant or failure, should carefully analyze the message to determine whether the message requirements discussed in this article.

The law in California states that, if the violation – it is non-compliance with conditions or agreements, the claimant shall state in the complaint specific conditions or covenants, neglect or failure, maintenance 3-day message that requires a possession, failure to perform for 3 days keep possession in accordance with the Civil Procedure Code, one thousand one hundred sixty-one (c) (3).

The Court of Appeal of California said that a trivial breach of the conditions or the pact will not support the termination, and the tenant can raise a significant performance as fair protection from any illegal detention operations.

The author sincerely hopes that you enjoyed this article. If you like this article, please tell others about it.


Stan Burman

Land trusts in California

In California, the common law trust is in protest Code §§15000-19403. In California, there is no specific statute of the land trust, unlike the law on confidence in the land of Illinois (765 ILCS 405/410/415/420), the law of Massachusetts business trust (MBT) (MGLc182, §2) and the law on trust Virginia (Va. code, chapter 55-17.1).

Thus, land funds established in California for a property in California, based on the common law of confidence in the aforementioned California Code of fun. But the outside the state land trust that will hold the right to the owner of the trustee power can be generated in California to take advantage of more favorable status and judicial practice of other staff. Indeed, the Supreme Court of Virginia in Air Power, Inc v. Thompson, 244 Va. 534, 422 SE 2nd 786 (1992), confirmed that the Code Va. 55-17.1 gives the trustee of the land trust as a legitimate, fair and real estate property, protects the privacy of the recipients.

Indeed, as in California, there is no specific statute of the land trust, in this state no legislative history nor developed jurisprudence, only California general trust and judicial law. But the general law of confidence may have some advantages over the specific charter of confidence to the ground with large requirements. Indeed, the status of Illinois land trust (75 ILCS 435) requires that the owners of the leadership responsibilities are required to entrust the duties beneficial owner interests. California common law trust has no such requirements.

In any case, avoid probate of real estate in the land trust prevents all the difficulties in creating it.

I. General Law on confidence in California:

A. Building trust:

California Prabat § 15000 provides that "(t) his unit (section 9 Kabatavoga Code) must be known and may be referred to the law on the road." And § 15001 (a) states that "(e) xcept, otherwise provided by statute: This section applies to all trusts, regardless of which were created before, after or after July 1, 1987".

Among other methods of building trust, a trust can be created: "(b) (a) transfer of the property owner over the life of the owner to another person as trustee" under § 15200 (b) California Entertainment code. And "trust is created only when there is trust" under § 15202.

"Trust can be created for any purpose that is not from the & # 39 is illegal or against public policy," under paragraph 15203. The land trust is not of & # 39 is unlawful purpose and not against public policy in California, although in this state it is not widely used.

And "trust but charitable trust is created only if there is the exempt" in accordance with paragraph 15205.

B. Confidence in real estate and personal property:

In order not to violate the Charter of fraud, which requires that a written document was enforceable, §15206 states that "the trust relating to real estate is not valid unless it is confirmed by one of the following methods: (b) a written document of trust transfer properly signed by settlers or agent of the settlers, if permitted in writing. "

And in accordance with paragraph (a) of this paragraph 15207, "(t) his existence and terms of an oral trust personal property can be set only by clear and convincing evidence." In accordance with paragraph 1528 of the "consideration is not required to create trust …"

And finally, "the trust established in accordance with this Chapter (1 part 2, section 9 Prabandskaga Code), which deals with real estate, can be recorded in the office of count recorder in the county where the whole or part of the property is under n. 15210.

II. Mechanics land trust:

A. The advantages and benefits:

(1) Confidentiality:

One of the most popular benefits of a land trust is that the grant of power of attorney trust in the name of another trustee (private or institutional) can be recorded with the county recorder, but an agreement on the land trust, which indicates the name of the trustee / settler / investor and the recipient is not recorded.

Thus, the creator / the recipient of a land trust: Trust / settler who invests in real estate may keep your name and the names of the beneficiaries, are not included in district and county recorder assistant and Books # 39, and to some extent concealed from public investment look.

However, the judgment creditor Trust / settler or beneficiary can subdue the last written examination on his / her assets, either to the debtor's oath in court to determine the assets, and not just rely on search District assets and registrar.

An agreement on land management can also use the title to land, which is different from the name of the landowner / settler who created it. This is another benefit for asset protection. If the beneficiary of this with a & # 39 is also the same trastor / settler, he can assign it a living trust or a limited liability company wholly owned by, hoping to avoid the tax.

(2) avoidance of the ban:

Moreover, just as successor trustees may be appointed in the contract for the land trust can also be selected by the beneficiary, the successors to avoid disturbances in the distribution of the trust assets at the termination of the trust, outside the trial.

The land trust can be created as a check (terms of the agreement are subject to change) or irreversible (can not be changed), but the latter requires the filing of individual tax returns and are taxed at a higher rate than trastor / settler and # 39; s individual tax rate, except for the simple trust in which all income is taxed by benefits. As regards the impact of federal income tax if grantadavets / trastar also & # 39 is the beneficiary, the Internal Revenue Service (IRS) classifies it as a trust subsidenta, which has tax implications, which go directly to the Form 1040 and the declaration of the state trusts.

(B) Disadvantages and pitfalls:

(1) share agreement for each property:

In order to maintain confidentiality of investments or transactions and the protection of the land trust's assets benefits can be transferred to only one property stored in it. Thus, for each property creates a different agreement on the ground. It can be cumbersome, although in each agreement may be given the same trastar / settler, the trustee and the beneficiary.

(A) is a simpler alternative:

Simpler alternatives to the & # 39 are the acquisition of the investment or rental property through a limited liability company (LP) or a limited liability company (LLC) or the transfer of these properties to a more flexible living trust, which requires filing separate tax returns or transfer of ownership the interests of the company (not the property name) on the living trust.

Ltd. can also create a land trust, custody transfer the right of ownership and assign yourself (LLC) as the recipient of Privacy property. Sometimes less is more; in fact, creditors can see and handle the request to avoid the execution of court decisions on property assets through the protection circuit. And the transfer of ownership of property can result in a tax assessment.