Mirror of Justice

Property Tax Implications Of Purchasing San Diego Real Estate

July 16th, 2009 at 10:38am Under Estates Law

Below is general discussion of various factors impacting property taxes in San Diego, California. The reader should consult their tax advisor for definitive guidance about property tax issues and not rely soley on the informaton below.
Property tax rates are capped in California due to the passage of Proposition 13 in 1978 (”Prop 13″). Prop 13 was a ballot measure approved by the voters of California to limit property tax increases. The legislation also mandated that any future increases in property tax rates have the support of two-thirds of the Legislature for approval. This provision dramatically limited the ability of the legislature to increase taxes.
The property tax rate in California is 1% of the assessed value of real estate, plus any bonds, fees and special charges. Properties can only be reassessed when there is a change in ownership or when new construction is completed. Unless one of these reassessment conditions exists, Prop 13 allows for annual increases of up to 2% of a property’s value.
The passage of Prop 13 dramatically limited the legislatures ability to increase taxes. Despite this, municipalities desired a mechanism to subsidize the building of infrastructure for new developments, so in 1982, the Capital Facilities Act was passed. The act is better known by its legislative authors, Senator Henry Mello and Assemblyman Mike Roos (i.e. Mell-Roos Assessment).
According to the San Diego County Assessor, “Mello-Roos districts are established by local governments at the request of a developer to finance specific public facilities and services such as schools, roads and libraries. Mello-Roos districts were authorized by state law in 1982. This law allows any public agency to establish a Mello-Roos district, which then can issue the necessary tax-exempt bonds and impose fees to pay off these bonds.” Communities or districts that impose a Mello-Roos fee are distributed throughout the County but are most common is large new subdivisions.
In addition to the 1% tax rate allowed by Prop 13, Mello-Roos fees are a separate charge on the property tax bill. The duration of Mello-Roos fees are linked to the amount of time needed to pay off the bond, which is typically 20-25 years. Mello-Roos fees range from $174 to over $3000 annually, and the average fee for San Diego communities was $1,488 in 2006.
To get a general idea about the amount of property taxes you would owe annually on a property, multiply the purchase price of the property by 1.2%. For example, if you purchased a $400,000 home, your annual tax due would be around $4,800, plus special assessments (if applicable), and Mello-Roos fees (if applicable).
Consumers should be aware that tax rates for a particular area can increase as news bonds are added or decrease if bonds are paid off. In addition, Special Asssessments (if any) for new infrastructure can also impact tax rates.
When considering the purchase of real estate, single-family homes, condominiums or townhomes in San Diego (particularly in newer communities), propspective buyers should find out if the property has Mello-Ross or other Special Assessment fees, how long these fees will continue, and if the fees increase annually.
Over 1 million tax bills are sent out every year in San Diego County by the County Tax Collector. The tax period in San Diego covers the period from July 1st to June 30th. The amount owed is based on the assessed value of the property as of January 1st. The tax bill is mailed out in September or early October, and is due in two equal installments; first payment is due December 10th and the second payment is due April 10th. State law does not allow for extensions to pay the tax bill and late payments are subject to a penalty of 18% APR. For those wishing to pay by credit card, the Discover Card is the only option at this time.
For more information about property tax issues in San Diego or to obtain a definative answer to your property tax questions, contact the San Diego County Assessor or your tax professional.

A San Diego & Orange County California Airplane Accident Lawyer’s Humorous View of Possible Future Laws to Prevent Aircraft Accidents

July 16th, 2009 at 02:52am Under Aviation Law

If you’ve had an airplane or aviation accident anywhere in California, from San Diego to Orange County, or from Santa Barbara to Palm Springs, or at any other Southern California airport including Carlsbad, Chico, Imperial, Long Beach, Los Angeles, Ontario, San Luis Obispo, Santa Ana, Santa Maria, Palmdale, Camarillo, Chino, Compton, El Monte, Hawthorne, La Verne, Ramona, Riverside, San Bernardino, Torrance, Upland, Van Nuys, Burbank, Apple Valley, Banning, Big Bear, Borrego Springs, Calexico, Corona, Lompoc, Murrieta, Temecula, Oceanside, Paso Robles, Redlands, Santa Ynez, Twentynine Palms, Hesperia, Joshua Tree, or Yucca Valley, you’ve probably been wondering if the California state legislators are working on any new Bills to try to prevent airplane accidents or if the cut backs on food and drinks on flights means that safety might also suffer.

I had heard that the state’s legislators were rushing to pass laws to prevent airplane accidents, so I called one of my state Senators to learn how this would affect pilots in California and personal injury victims. What I learned may just keep me on the ground in the future.

“I would guess that the rule against using cell phones won’t apply to pilots, right?” I asked.

“Actually, it will,” the Senator said. “We still think it can mess up the navigational equipment. Radio transmissions will still be allowed.”

“What are you thinking about prohibiting?” I asked.

“Can you keep a secret,” the Senator asked.

“Sure,” I said.

“Well we’ve heard some pilots used to like to drink a little something on long flights,” the Senator said.

“You’re not saying what I think you’re saying, are you?” I asked.

“Yup,” the Senator answered. “No more beach parties in the cockpits. The rule against drinking margaritas will be strictly enforced from now on.”

“That’s good,” I said sarcastically. “I hate it when the pilot of my plane starts singing on the intercom.”

“What else are you thinking about prohibiting?” I asked.

“No more gambling, and no more card games of any kind.”

“They play card games up there?” I asked.

“They play all kinds of games,” the Senator said. “Poker, video games…we’re making a list that will be all inclusive, we hope.”

“So what else are you considering outlawing?” I asked.

“Well, you’d probably be surprised what pilots do now that they have all that food to themselves,” the Senator said.

“You mean the food they used to serve passengers?” I asked.

“That’s right,” the Senator said. “Turns out they’ve been having food fights up there and using the peanuts as poker chips.”

“Sounds like the fun is over” I said.

“We’re not prohibiting everything,” the Senator said. “But there will be no more spying on the passengers unless it’s for security reasons.”

“What do you mean spying?” I asked.

“Are you sure you can keep a secret?” the Senator asked.

“Positive,” I said with my fingers crossed behind my back.

“Well, you know those little air vents that you adjust to blow air on your seat?”

“Sure,” I answered.

“Lets just say that airplanes vents would do more good if they didn’t have little cameras in them.”

“You mean that each of those little vents are really cameras?” I asked. “I always wondered why they worked so poorly.”

“You didn’t hear that from me,” the Senator said.

“Aren’t you afraid of making the pilots bored if you take away their little spy tools?”

“Maybe they’ll have to put on some better in flight movies,” the Senator said.

“Just don’t let the pilots have a screen to watch them,” I said.

“Good point,” the Senator replied, and made a note to himself.

If you’ve been injured in an accident involving an airplane and want to know what rules actually apply to flying, call the offices of an airplane accident lawyer.

Visit our website at http://www.SebastianGibsonLaw.com to learn more about how we obtain great personal injury settlements from insurance companies. Or call us to speak directly to Sebastian Gibson about your airplane, helicopter, airline or aviation accident, or the loss of a loved one in a wrongful death with no charge for your consultation. 

Protect Your Deposit When Buying Real Estate

July 15th, 2009 at 10:37am Under Estates Law

When you start the process of buying a home or any type of real estate, you’ll no doubt hear the term “earnest money deposit” (EMD). So what exactly is an EMD?
An EMD becomes relevant when you are ready to make an offer on a property. In most states, your Real Estate Agent prepares the offer on your behalf. The offer usually takes the form of a written contract that is submitted to the seller by way of their agent.
In addition to the offer document, sellers typically expect an EMD. An EMD is a monetary deposit submitted via check to demonstrate to the seller that you are a serious buyer. In some regions of the country, only a photocopy of the check is submitted with the offer, and the original check is delivered to the appropriate entity if the offer is accepted. Ask your Real Estate Agent to clarify how deposits are handled in your region of the country.
The check is usually made out to an independent third- party such as a Title Company, Escrow Company, Real Estate Attorney or your Real Estate Broker. Ask your Real Estate Agent to clarify who will hold the EMD.
The amount of the EMD sellers expect varies by region. The EMD amount is based on the customs and practices for a region, but is generally from 1% to 2% of the purchase price. In a competitive market place where demand exceeds the supply of homes, some buyers may offer a higher EMD than expected to impress the seller of their intent. In determining the amount of your EMD, consult your Real Estate Agent and balance the need to demonstrate your serious intent, against the good business practice of minimizing the deposit amount.
The amount of the EMD is usually applied to reduce the purchase price of the property or to cover closing costs, as you dictate. For example, if you are purchasing a $300,000 property and you give an EMD of $3000, then the remaining balance owned at closing is $297,000 (plus closing costs). Alternatively, you may direct that the EMD be applied toward the closing costs.
Once a valid contract for purchase is created, an independent third-party usually holds the EMD until the purchase is either completed or cancelled. At this point, the money belongs jointly to both the seller and the buyer.
In cases where you make an offer that is accepted but later decide to cancel the offer, the terms specified in the contract (or state law) will dictate if, and under what circumstances, the EMD is returned to you. Be aware that you could loose your deposit if you do not not comply with the terms of your contract. Your Real Estate Agent can provide you information about how EMDs are dealt with if a contract is cancelled.
Since state law varies by region and practices can differ even within the same state, be sure to consult your Real Estate agent about the rules that apply to EMDs in your region of the country. You should also be aware that the EMD is not related to any down payment that you make toward your home loan.

California Business Law Attorney’s Guide to Making Money in the Future – Patents

July 14th, 2009 at 08:53pm Under Business Law

In these difficult economic times, new businesses are much riskier to try, but there is no more lucrative an area even in the current conditions than for an inventor or designer who can create a new invention or process and who can afford to have it patented.

Whether you live in San Diego, Orange County, Los Angeles, Long Beach, Santa Barbara, Rancho Cucamonga, Ontario, Temecula, Anaheim, Irvine, Huntington Beach, Laguna Beach, Newport Beach, Santa Ana, Encinitas or Palm Springs conditions are much the same throughout California. Business is slow and much of what little real estate is selling are the foreclosed homes.

As a Business Lawyer in Southern California, people are always asking me for the next great area of business in which they can make money and what legal restrictions there might be in the future. When asked these questions the one place I don’t turn to is those newsletters that tell you how much money you would have made if you had followed their advice and invested in certain stocks or gone into the cell phone business.

For the most part, however, you can almost certainly bet that their advice is wrong, so you can likely assume that the opposite of their advice would offer a better chance of success.

Many newsletters are still focused on getting into businesses that rely on the consumer having discretionary cash to purchase unnecessary items. That’s probably not just bad advice, it’s lousy advice. Television commercials telling you that you can make tens of thousands a month working from home are a way to take your money for seminars, books and other materials that most likely in the end will cost you more than you’ll ever make, once you add in your start up costs.

On the other hand, one or two of the ideas being touted may be the fad of the future, no matter how little money people have to spend. For instance, if people will buy expensive clothes for their dogs, does that mean that they’ll buy little prom dresses for their infants? Hard to say.

However, if the high heeled shoes cause injuries to those infants, you can see the lawsuits coming already.

What’s the next item we can’t do without or that we like just fine now, but would pay an extra $50 to have a designer version of that item? That depends as much on good marketing and a good business plan as the good idea. If you have that and the resources to start production, create a website, hire a search engine optimizer to help your website get noticed on search engines and then know how to create publicity for your product, you are halfway home. But all of that costs money, lots of money, or lots and lots of time. But if the design is unique, it may make much more sense to apply for a design patent and then to license or sell your patent outright to another manufacturer.

One item that makes business run is credit. But all you hear in the news is how hard it is now to get credit for a house, for a business, for anything. You can therefore almost certainly count on new businesses popping up that offer their services in finding you credit. While this area of business is already regulated, as more and more scammers get into this business, you can be certain that more regulation will follow.

The difficulty with this type of business is that you may find it difficult not to be brushed with the same paint brush as the unscrupulous businesses who will guarantee to find a person credit for a fee and then either take the money and run or simply offer excuses why it was impossible for them to find their customer the credit they promised.

An area where there appears to be an opportunity in these times is helping others and in doing so, you may help yourself. Consumers need real help to survive this economic mess. Web sites that actually provide a service such as locating cheap gas, coupons for groceries, clothing sales or other basic necessities may be the one area in which there could be demand by the consumer. This type of service will require a lot of free advice, however, time and people to gather this information and it still could be difficult to recoup your investment.

Perhaps the best way that still exists to make a lot of money is if you can develop an idea for an invention. Utility patents are very expensive to obtain using a lawyer. Most charge from $7,500 on up depending upon the complexity. However, you can obtain a provisional patent or a design patent for substantially less and as soon as the application has been accepted (as opposed to when the patent is granted, which takes much longer) you can begin to market your invention to other companies and either license your patent pending invention to them or sell it outright.

So start thinking about what hasn’t yet been invented, or improved upon in an important way, and if you need assistance with obtaining a patent, trademark or copyright, call us or visit us at our website where you can access much more information about intellectual property.

San Diego & Orange County California Environmental Attorney Asks Why Isn’t More Action Isn’t Taking Place to Reduce Global Warming

July 14th, 2009 at 04:37pm Under Environmental Law

If you care about the environment, no matter if you live in Corona del Mar, La Jolla, Del Mar, Encinitas, Carlsbad, Oceanside, San Marcos, Vista and Escondido, San Diego, Huntington Beach, Westminster, Buena Park, San Luis Obispo, Cambria, Anaheim, Santa Ana, Costa Mesa, Irvine, Newport Beach, Corona del Mar, Laguna Beach, or Laguna Hills or work in San Clemente, San Juan Capistrano, Yorba Linda, Fullerton, Ontario, Rancho Cucamonga, Riverside, San Bernardino, Temecula, Palm Springs, Palm Desert, Victorville, Yucca Valley or Twentynine Palms, everyone has an opinion about global warming.

 

As an environmental attorney, and with all the recent footage coming in from around the world, it is clear not only that global warming is a problem, it is getting worse, and action is needed immediately.

 

What’s stopping action from taking place? Oil companies and energy companies of all kinds, some of whom reportedly spend more to confuse people and the issue than they do on alternative energy research.

 

Who else is at fault? Sadly, the Republican party, the executive actions of George Bush and what he has forced government agencies to do, and other groups, who because of their Republican support, were slow getting on the bandwagon.

 

The issue has also brought us some surprising heroes. Governor Schwarzenegger of California. Ex-President and Nobel Prize Winner, Al Gore. And scientists around the world.

 

One only need turn on the television to see the melting arctic ice, or to hear that polar bears are being forced to become cannibals to be concerned at how little is being done and how much is being done to confuse and fight those who are concerned about the environment. Even Senator McCain stands against his own running mate, Sarah Palin on environmental issues.

 

School children know more about the issue than adults because they study the science and refuse to believe the lies and false websites put out by the energy companies.

 

And yet, except for America, and China, the world seems to be as one, united in the fight against global warming. While more is being done around the world despite the obstinance of the U.S. and China, so much more could be accomplished if we had elected a leader in this area instead of one who led us into a costly and unnecessary war.

 

One can only applaud companies who are involved in renewable energy sources such as solar, and wind power, the building of energy free homes, environmental groups and the efforts of Governor Schwartzenegger to make California a leader in the world in reducing carbon dioxide emissions and other greenhouse gasses.

 

It will take all of us to make the changes we need to save our planet, our environment and the animal species that are so much at risk. Only this week, in the news for October 2008, it was widely reported that one in four mammals face extinction. Yet, amazingly, there are still people who will either not believe that man is either the cause of global warming or who feel that it would be too costly to the economy to take actions to help the environment such as reducing greenhouse gasses.

 

It is hoped that with greater public awareness, and better education to our school children of the environmental problems we face, that when this new generation grows up demanding change and they ask the current generation how we could have let this problem get so bad without doing more to prevent it, it will not be too late to reverse the effects of mankind’s damage. 

 

 If you have an environmental legal matter in Orange County, San Diego, in Riverside, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your California Environmental Lawyers, and Orange County and San Diego Environment Attorneys. For this reason, be sure to hire a California law firm with environmental lawyers who can represent you from Palm Desert to Big Bear, Santa Ana, Chula Vista, Julian, Santa Barbara, San Luis Obispo, Carlsbad, Ventura and Malibu.

 

If you have an environmental matter 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 about your rights and options and how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.

Coachella Valley & Imperial Valley Agricultural Attorney Looks at the New Country of Origin Labeling Law (cool) and How it Will be Applied

July 14th, 2009 at 08:58am Under Consumer Law

No matter where you live in California, whether it is in a farming or agricultural area or city such as the Coachella Valley, the Imperial Valley, San Diego, CA, Carlsbad, Oceanside, San Clemente, San Juan Capistrano, Newport Beach, Huntington Beach, Orange County, Anaheim, Camarillo, Irvine, Santa Ana, Costa Mesa, Yorba Linda, Fullerton, Ontario, Rancho Cucamonga, Riverside, San Bernardino, Temecula, Palm Springs, Palm Desert, Victorville, Santa Barbara, Santa Ynez, Ventura, La Jolla, Del Mar, San Marcos, Encinitas, Solana Beach, Fallbrook, Pacific Beach, El Cajon, Chula Vista, or Escondido, you will be pleased to see a change at the grocery store when you buy food and drink, or agricultural products.

The change has to do with the law. No, California agricultural lawyers won’t be in the produce aisle. And California food and drink or regulatory attorneys won’t be lurking near the frozen foods. California personal injury attorneys won’t be looking for slip and fall accident victims. But the change will please customers nonetheless. 

Until now, most consumers had no idea from which country the food they were eating came from. With the new COOL (Country of Origin Labeling) law taking effect after September 30, 2008, all that will change, with a few exceptions and a few quirks.

After years of lobbying for delays by grocery lobbying groups who argued the law would be too costly to implement, and who lobbied for delays, COOL has at last taken effect.

Now when you buy that apple, pick up a package of most meats, or bag a head of lettuce, you will be able to glean from either a label, sticker or notice of some kind what country it came from. Unfortunately, as of yet, the law does not extend to dairy products and with the milk scare from China, one can hope that calls for it to be expanded to include these products will be heeded.

The law also does not apply to organ meats such as heart, liver or kidney but how many households see those meats on the dinner table?The law also provides exceptions for processed foods such as bacon or everyone’s favorite, Spam, foods that are mixed together such as peas and carrots, but it’s likely to help consumers feel much safer in being able to avoid food from certain countries, especially during food poisoning outbreaks, and feel better able to buy American if they want to.

The law was established in the 2002 Farm Bill, but was successfully delayed by lobbying groups until now. Concern about unsafe imports from China and elsewhere finally overcame food industry efforts to delay it. It was amended in the 2008 Farm Bill to include more foods. Retailers have six months to get to know the regulations and come into compliance (so there’s a grace period here). Then the government is supposed to announce a final set of regulations incorporating seafood and shell fish regulations already in effect.

The law makes one think that lobbying efforts may be the reason for some of the strange distinctions in COOL. For instance macadamia nuts are included, but not walnuts. Did the walnuts have a better lobbyist than the macadamia nut lobbyist, or was the macadamia state senator absent when the Farm Bill was passed?

There are also exceptions in COOL for butchers, fish markets, restaurants, restaurants in hotels, school cafeterias, and small retailers. Additionally if spices, sauce or breading has been added, no labeling is required. Though not exactly food, the law also does not apply to pharmaceuticals, though there are calls to extend the law to them. Produce mixed in displays may simply be labeled as being “from two or more countries of origin.”

Consumers are likely going to be surprised when they see how much of their food is imported. “I’ve been eating what?” and “This comes from where?” will likely be heard by check out clerks as consumers stand in line and look over the new labels.

COOL has long been a goal of U.S. farmers and ranchers who believe that identifying foreign food imports may encourage shoppers and manufacturers to buy more U.S. foods. Meat packers, on the other side of the barbed wire, opposed COOL citing the costs it will involve in its implementation.

But as this country’s economic crisis grows, shoppers may be more and more inclined to buy American not just for safety but to help other Americans. Who nicer to help than American farmers?

Lawmakers and consumer groups are angry that the USDA seems to be attempting to evade congressional intent by allowing steaks and other meat cuts to be labeled with multiple country of origin labels. Congress only intended that exception for ground beef or for animals raised in more than one country. It has been said that there is a chasm of difference between the statutory language that was passed by Congress and the rule allowing multiple of country origin labels drafted by the USDA.

It has been suggested by some that it was meat packers who didn’t want the obligation to sort out cattle from Canada and Mexico, who are the reason why at least to start, beef may be labeled with just a North American country of origin label, as opposed to a U.S. country of origin label. Sadly, with this country’s lack of geographical knowledge (just watch Jay Leno when he asks people on the street where Canada is), many people will assume that “North American” means that the beef couldn’t possibly have come from outside the U.S., much less Mexico.

Consumer advocacy groups hope that the USDA will make rule changes as it receives more feedback. Thirty-one Senators, including Barack Obama have already written the Agriculture Secretary calling for more restrictive meat labeling rules. U.S. Cattlemen have also asked the USDA to address the loophole for beef and see that the statute is faithfully implemented.

There are other discrepancies with how the law will be applied. Fish caught off the coast of Alaska by a Chinese or Japanese owned ship may be labeled as a product of China or Japan. Beef raised in another country that spends 30 days in a feed lot in the U.S. can be labeled as coming from the U.S.

Retailers are given discretion how they label the food. Meat counters, for instance, may simply list all the countries where the meat is produced, or they can label each cut. Hamburger will still likely give the consumer pause as meat that is ground up may come from numerous countries.

Since all chicken and goat consumed in the U.S. comes from the U.S., the chicken and goat industries asked to be included in the law.

Once compliance goes into effect, businesses may be fined $1,000 per violation. The law is expected to cost at least $2 billion to implement.

If you have an agriculture, food & wine or agricultural issue in the Coachella Valley, San Diego, Palm Springs, Orange County or anywhere in Southern California, we have the knowledge and resources to be your Coachella Valley Agriculture Lawyers, and Palm Desert and Newport Beach Food & Wine Attorneys. For this reason, be sure to hire a California law firm with agriculture lawyers who can represent you from Brawley to El Centro, Palm Springs, Laguna, Newport and Huntington Beach, Corona del Mar, Anaheim, Irvine, La Jolla, Santa Barbara, Santa Ynez, Palm Desert, Yorba Linda, Carlsbad, San Diego, Costa Mesa, Westminster, and Murrieta, to Indian Wells and La Quinta.

If you have an agricultural or food and wine 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.

San Diego California Sports & Business Law Attorney Sebastian Gibson – the Business of Sports

July 14th, 2009 at 02:52am Under Business Law

Even if you don’t live in a town with a professional sports team like San Diego, California or Los Angeles, CA, it is likely you still have at least amateur sports teams in almost every city of Orange County, and even if your city just has high school teams in La Jolla, Del Mar, Encinitas, Carlsbad, Oceanside, San Marcos, Vista and Escondido or the cities of Huntington Beach, Westminster, Buena Park, Anaheim, Santa Ana, Costa Mesa, Irvine, Newport Beach, Corona del Mar, Laguna Beach, and Laguna Hills, Santa Barbara, Buena Park, Temecula, Indian Wells, La Quinta, or Palm Springs, you and the players on those teams are probably sports fanatics as we are, and may also have a legal issue in many of the sub-areas of sports law without even knowing it. 

Few firms in the U.S. today practice in the field of Sports Business Law. It requires a knowledge of entertainment law, intellectual property, sports brand development, professional regulations, broadcast and media law, sports sponsorship, corporate finance, labor law contract law, merchandising, anti-trust law and litigation.In addition to having knowledge in those fields, it helps to have a strong background in international law, if not English law as well.

Clients at a sports law, law firm are sports team owners, cities, athletes, stadium management companies, and sponsors. You will be dealing with product manufacturers, the media, banks, the USPTO, sports organizations, arbitrators and the courts.

If you are a true sports aficionado, you will wish the business of sport had less to do with the law, but with each passing year it seems to have more rather than less.The rules referees must now live by often makes it useful if they are lawyers in their spare time.

As society becomes more and more concerned with fairness, we see greater use of replays, and less discretion given to the officials to call the game or to correct a mistaken call on their own.Sports teams and their lawyers must constantly be vigilant to protect their trademarks and branding and spend as much time promoting their team and their sport as running the day to day operation.Fortunately, in the end, the time and cost of sports business law attorneys are worth it, with the value of most sport teams rising year after year.

The opportunities to get into sports business law are limited. Many more law students take courses in sports law than will ever have the chance to practice the little they learn in law school.

If you are an athlete, or a business in the sports world and need the assistance of a sports lawyer, call us or visit our website at http://www.californiaattorneyslawyers.com to learn more about how we can assist you. Or call us to speak directly to Sebastian Gibson about your sports law, entertainment law, intellectual property, trademarks, sports brand development, professional regulations, broadcast and media law, sports sponsorships, corporate finance, labor law contract law, merchandising, anti-trust law and litigation.

Chula Vista, San Bernardino and Moreno Valley California Education Lawyer Discusses the Homeschooling Court Victory for Parents in California

July 13th, 2009 at 04:09pm Under Education Law

As California’s financial debt, overcrowding and budget cuts eat away at the quality of education being given to students in California, and as the number of families grow who feel they can give their children a better education than is given in public schools, and without the influence of bullies and other disruptive elements in their children’s lives, there is now a significant number of children being homeschooled in California. California education lawyers and education attorneys throughout the State of California have been aware of this large segment for some time now in California.

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.

Santa Barbara, Oxnard & Ventura California Energy Law Attorney Considers the Effect of Lifting of the Ban on Offshore Drilling – None

July 13th, 2009 at 04:37am Under Environmental Law

Anyone who lives in Southern California or who appreciates the coastline from San Diego to San Francisco has seen the offshore oil rigs along the coast of Santa Barbara, Oxnard, Ventura and Long Beach. If you live in any of the other coastal cities such as Corona del Mar, San Diego, Pacific Beach, Mission Beach, La Jolla, Del Mar, Encinitas, Solana Beach, Cardiff, Carlsbad, Oceanside, San Clemente, San Juan Capistrano, Laguna Beach, Newport Beach, Huntington Beach, Pismo Beach, Morro Bay, Cambria or San Simeon you see something different – pristine beaches without offshore oil rigs. 

In the midst of America’s financial meltdown and on the same weekend as Congress put together a $700 billion bailout, Congress did away with a 26 year ban on offshore oil drilling to the dismay of environmentalists. The Drill Now movement and chants of “Drill, Baby, Drill” may have won a small skirmish on this environmental issue, but California will have the last word.

Despite the ban on offshore oil drilling, it is believed that such drilling, at least off the coast of California is unlikely to occur for many years, if ever. Democrats in Congress are already vowing to reinstate the ban when a new Congress takes their seats in four months. And political opposition, marine protection laws and almost certain lawsuits by environmental groups in California make offshore oil drilling an unlikely event.

First, there is a general belief of Californians, including the Governor, that the California coastline is an international treasure, not to mention a draw to tourists from around the world. Few politicians in the state would dare to jeopardize that treasure.

Second, a law passed by former Governor Pete Wilson already bans all offshore oil drilling in California out to three miles from shore.

Third, there are 300 miles of national marine sanctuaries along the California coast which ban oil drilling.

Fourth, nearly every coastal county in the State of California has enacted ordinances banning new oil pipelines, oil terminals and tanks in the State.

Fifth, environmental groups are already vowing to file lawsuits, and they could be joined by the California Coastal Commission.

While California has around 30 oil platforms off the coast of Santa Barbara, Ventura and Long Beach that were built in the 1950s, no new oil platforms have been built in over 50 years.

It is estimated that California has at least 10.5 billion barrels of oil offshore – about a year and a half of the nation’s yearly supply. This is comparable to the estimate of oil in the Alaskan National Wildlife Refuge (ANWR).

But if anything, despite the oil crisis and the financial crisis, in light of global warming and calls for investment in alternative energies, Californians are becoming more and more environmentally aware. Any politician running on any platform (oil or not) based on drilling offshore at a risk to the California scenic coastline, will have a hard time being elected.

If you have an oil, natural resources, energy or environmental 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 Energy Lawyer and your Ventura 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, oil, energy, natural resources 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.

San Diego California Sports & Business Law Attorney Sebastian Gibson – the Business of Sports

July 12th, 2009 at 04:19pm Under Entertainment Law

Even if you don’t live in a town with a professional sports team like San Diego, California or Los Angeles, CA, it is likely you still have at least amateur sports teams in almost every city of Orange County, and even if your city just has high school teams in La Jolla, Del Mar, Encinitas, Carlsbad, Oceanside, San Marcos, Vista and Escondido or the cities of Huntington Beach, Westminster, Buena Park, Anaheim, Santa Ana, Costa Mesa, Irvine, Newport Beach, Corona del Mar, Laguna Beach, and Laguna Hills, Santa Barbara, Buena Park, Temecula, Indian Wells, La Quinta, or Palm Springs, you and the players on those teams are probably sports fanatics as we are, and may also have a legal issue in many of the sub-areas of sports law without even knowing it. 

Few firms in the U.S. today practice in the field of Sports Business Law. It requires a knowledge of entertainment law, intellectual property, sports brand development, professional regulations, broadcast and media law, sports sponsorship, corporate finance, labor law contract law, merchandising, anti-trust law and litigation.In addition to having knowledge in those fields, it helps to have a strong background in international law, if not English law as well.

Clients at a sports law, law firm are sports team owners, cities, athletes, stadium management companies, and sponsors. You will be dealing with product manufacturers, the media, banks, the USPTO, sports organizations, arbitrators and the courts.

If you are a true sports aficionado, you will wish the business of sport had less to do with the law, but with each passing year it seems to have more rather than less.The rules referees must now live by often makes it useful if they are lawyers in their spare time.

As society becomes more and more concerned with fairness, we see greater use of replays, and less discretion given to the officials to call the game or to correct a mistaken call on their own.Sports teams and their lawyers must constantly be vigilant to protect their trademarks and branding and spend as much time promoting their team and their sport as running the day to day operation.Fortunately, in the end, the time and cost of sports business law attorneys are worth it, with the value of most sport teams rising year after year.

The opportunities to get into sports business law are limited. Many more law students take courses in sports law than will ever have the chance to practice the little they learn in law school.

If you are an athlete, or a business in the sports world and need the assistance of a sports lawyer, call us or visit our website at http://www.californiaattorneyslawyers.com to learn more about how we can assist you. Or call us to speak directly to Sebastian Gibson about your sports law, entertainment law, intellectual property, trademarks, sports brand development, professional regulations, broadcast and media law, sports sponsorships, corporate finance, labor law contract law, merchandising, anti-trust law and litigation.