From Palm Springs to Palm Desert, San Diego to Orange County, from El Cajon and Chula Vista to Anaheim, Irvine, Newport Beach, Santa Ana and Anaheim, from Santa Barbara, Ventura, Santa Maria and San Luis Obispo to Yorba Linda, Rancho Cucamonga, Moreno Valley, Ontario, Fontana and Fullerton, from Riverside and San Bernardino to La Quinta, Indio and Coachella, the number of children being homeschooled has created a significant number of households in California.

Therefore, when in February 2008, a California court ruled that unless one of the parents of a homeschooled child had a credentialed teaching degree, their children being taught at home were truant, it shocked the families of these homeschooled children.

This ruling was thought to affect 200,000 kids in the State of California. Protests were raised from parents of these children to the Governor of the State.

On rehearing, the same judges made an equally stunning reversal of their opinion. Judge H. Walter Croskey, of the Second District Court of Appeal in Los Angeles wrote that so long as parents declare their home to be a private school, they can continue to homeschool their children, even without credentials.

Parents, especially Christian parents of homeschool children and homeschooling associations hailed the decision. Governor Schwarzenegger perhaps naively expressed his hope that this might settle the issue once and for all.

However, in his decision on the issue, Judge Croskey noted that while California impliedly allows parents to homeschool, California currently has no enforcement mechanism. He said, given the State’s compelling interest in educating its children, and the absence of an express statutory and regulatory framework for homeschooling in California, additional clarity would be helpful.

Parents of homeschooled children should realize that Judge Croskey’s opinion is an invitation to legislators to create statutes and regulations in this area as well as a mechanism to enforce the rules they set for homeschooling.A

s a lawyer who must constantly read new laws, parents should know too that wherever there are legislators, they are busy creating new regulations.

Governor Schwarzenegger’s hope notwithstanding, the court’s ruling did anything but abdicate the right to make further rulings. After first holding against homeschooling and then completely reversing course and admitting that it did so simply on an implied allowance by the State to allow it, the next court to review the subject could very well rule completely differently.

For the moment, however, parents teaching their children at home can breathe a sigh of relief. How long that relaxed atmosphere will last, however, will yet be up to the courts and the state legislature. 

If you have an education legal matter of any kind, we have the knowledge and resources to be your Moreno Valley Education Lawyers, and Chula Vista Education Attorneys. For this reason, be sure to hire a California law firm with education lawyers who can represent you from Palm Springs, Rancho Cucamonga, Orange County, San Luis Obispo, Laguna Beach, Newport Beach and Huntington Beach, Corona del Mar, Anaheim, Irvine, La Jolla, El Cajon, San Bernardino, Santa Barbara, Temecula, Palm Desert, Yorba Linda, Carlsbad, San Diego, Costa Mesa, Westminster, and Murrieta, to Indian Wells and La Quinta.

If you have an education legal matter of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.

 

After the driest spring in 88 years, in June 2008 Governor Schwarzenegger formally declared California to be in a drought and nine counties in the Central Valley to be in a state of emergency after two years of below-average rainfall and six dry years that have killed off fish populations, driven down agricultural land values and required severe reductions in water usage in the Central Valley. The declaration, while bad enough, still stops short of a statewide water emergency which, if declared, will likely carry with it mandatory water rationing.

 

Efforts to capture water have been hampered by evaporation of snow packs due to climate change, but snowpack water content this winter was only 67 percent of average. California’s water shortage was compounded by a federal court order limiting the pumping of water from the San Joaquin-Sacramento River Delta to protect a species of fish.

 

And so in June 2008 the State of California formed a Water Bank to buy water from farmers upstream from the Delta and from local water agencies and to make it available for sale to public water systems and private water systems who may otherwise run short of water next year. Agencies buying the water will have to agree to a 20 percent reduction overall in water usage. It is believed that the Water Bank will stave off mandatory water rationing.

 

Under the plan, water purchased from northern farmers and water agencies will be shipped south via the State’s canals.

 

Currently, there is no end in sight to California’s dry conditions. While there is a $9.3 billion plan in the State legislature to address the state’s delta environmental problems and expand the state’s water works, it has been tied up while the legislators haggled over a budget.

 

A bill to require Californian’s to cut water usage by 20 percent recently passed the Assembly and the bill puts the onus on residents as opposed to farmers.

 

In the midst of this water crisis, an amazing 100 facilities are bottling water in California, using California’s precious water supply. An Assembly Bill to measure the amount of water being bottled is an attempt to learn just how bad the abuse of these water supplies is on top of the pollution and harm to the environment caused by these facilities and the plastic water bottles, most of which are not recycled.

 

The Department of Public Resources estimates that more than 1 billion gallons of bottled water are sold in California each year. 

 

If you have a water law issue in San Diego, Newport Beach, Irvine, Orange County, La Jolla, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your California Water Lawyer and your Santa Barbara Environmental Attorney. Be sure to hire a California law firm with environmental law experience who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Beverly Hills, Malibu, Newport Beach, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented.

 

If you have a water law or environmental dispute of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you.

California’s Construction Industry could be facing a perfect storm of monumental proportions as the credit crunch and delinquent construction and commercial real estate loans threaten to produce even less construction and more construction defect litigation.

It’s being reported with greater frequency, higher and higher rates of delinquency in payments of construction and commercial real estate loans. Now with the credit crisis and bank failures, it is being reported that banks are cutting off credit to builders and more and more contractors are being forced to declare bankruptcy or to go out of business.

As builders and subcontractors cut corners to make a profit on losing propositions, construction defect litigation is almost certain to rise. If the possible scope of this economic crisis comes to fruition, fewer of the contractors and subcontractors responsible for defects may be around to fix the problems.

Liability insurance for builders and contractors in California has already been tight and some contractors have looked at their policies only to complain that despite the higher deductible, they still offer spotty protection.

A spot check of defendants in construction lawsuits filed over the past few years finds a significant percentage of the defendants in such lawsuits may no longer in business. Whether it is the result of such lawsuits or the economic crisis and the housing slump can’t be determined. What can, however, be said, is that homeowners can no longer count on their contractor or subcontractors to be in business when problems are found in the construction of their homes.

While such builders may still have insurance which covers them for their defects, it can be hard for a homeowner’s attorney to find that insurance when the builder is no longer around.When a subcontractor or his insurer is no longer around to stand up for their mistakes, general contractors worry.

In the Coachella Valley, construction spending fell 41.4 percent in the second quarter of 2008 from a year ago. Home prices dropped 22.7 percent. New construction starts are off by 90 percent since the peak of market activity in the third quarter of 2004. Unemployment in the Inland Empire of California was at 9.2 percent in August 2008. The construction industry that at one point employed nearly a third of the Coachella Valley’s work force has seen its jobs cut almost in half.

Contractors who see the economic storm coming are cutting costs, selling the trucks and equipment they no longer need and just trying to hunker down until conditions improve. It is probably wise to cut back as much as they can because at last check, the wind speed of problems for this industry was increasing and as far as anyone can tell, the eye of the storm hasn’t even come close.

If you have construction law issues and need help, whether you are a general contractor, a subcontractor, a homeowner or connected in any manner to the construction industry or the real estate market, we invite you to call us for a consultation.

If you have a construction law, real estate or mortgage issue in Orange County, San Diego, in Riverside, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your California Real Estate Lawyers, and Orange County and San Diego Construction Attorneys. For this reason, be sure to hire a California law firm with real estate and Construction lawyers who can represent you from Palm Springs, Laguna, Newport and Huntington Beach, Corona del Mar, Yorba Linda, Carlsbad, San Diego, Costa Mesa, Westminster, Murrieta, to Chula Vista, and Coachella.

If you have a construction law or real estate legal issue, and need to know your rights, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.