Don't forget your pen

I know you're out there. Those who walk into law libraries with a huge chip on your shoulder complaining that no one will help you and that the whole world is out to get you.  

So mad as hornets, you come up to the reference law librarian after being rejected by the court clerk, every administrative agency, the DA and PD, the Family Law Facilitator, the self-help coordinator and then, when you're standing in front of the the law librarian, who is trying to help you and is spewing forth words of wisdom, you stand there with mouth open and brain closed.

Such was the case the other day.  

Guy comes in all flustered and flummoxed claiming that no one will help him.  Seems that he had been renting a stall for his horse.  Seems, he sub-leased the stall to someone who had been paying the rent on the stall.  Seems, suddenly, that landowner decided he wanted the stall back and prevented Guy from stepping onto the land (on which the stall was located). 

So, technically, guy guy wants information on conversion and constructive eviction.  It's a stretch but he's running with it. So, I lead guy over to and suggest he look at:

• California Forms of Pleading and Practice (Lexis; Vol. 13, Chp. 150)
• AmJur Pleading and Practice Forms (TR; Vol. 16A §§ 251, 339)
• Proof of Facts (TR; 42 POF2d 317)

opened to the page(s), the chapter(s), the section(s), suggested he read a particular page, and......10 minutes later he was back at the front desk complaining that he didn't know what to do.  

Not know what to do?!?  I just spent 15 minutes explaining what you should do and you don't...wait,...you didn't write anything down, did you?  Well of course you don't know what to do because you can't remember what I said and now he's running out the door spewing obscenities and curses at the world because no one would help him. 

Well, isn't that just precious.

Then there was the couple that came in not long after Guy left.  Seems couple had lost their CPS claim (i.e. lost custody of their kids).  59 days later, they show up at the law library asking how to file an appeal.  Remember the 59 days as it will be important later.

So, lead couple over to the two (2) volume set of

• California Civil Appellate Practice (CEB)

and immediately lady's eyes glaze over and husband starts mouthing off that isn't this all free on the Internet?  I turned towards him and said, no, this isn't on the Internet.  Guy is sure it is and wants to argue and got pouty.  

Turning to lady, I try to soothe her and say that some chapters are not relevant to their case.  I start thumbing chapter by chapter showing what they should read and what they can ignore.  Five (5) minutes into it they walk away and storm out the door.

Remember the 59 days?  The thing with appeals in California, under Rules of Court 8.104, you must file your Notice to Appeal (which starts the appeals process) within 60 days or you lose your right to appeal.  Had couple given me a couple of minutes, I could have at least warned them about the rules of court so they would have been motivated to file something.

As it stands, they're probably going to permanently lose custody of their kids and be pissed off at everyone because no one would help them.  

Well, no one except their local county law Librarian who was trying to help before they flipped out.  Thing is, I get it.  Law is stressful.  It freaks people out.  That's why I speak slow and soft when dealing the those who are freaked out.

Anyway, I suspect the moral to this story is that if you think the world is out to get you (what with the giving of grief), know that your local county law librarian is available and willing to help you keep it together.

Whether you're willing to listen is up to you.

This is the guy you want on your team

As a law Librarian, I deal in problems and am a purveyor of solutions.  If you've got a problem, I know where you can go to solve it.  

Small claims? I know four resources that can help you. Bankruptcy?  Pick your chapter and I've got answers. RICO, unlawful detainer, criminal, appeals (civil OR criminal), military justice, estate planning, family law, tax, federal, UCC, real property (commercial or otherwise), contracts, personal injury.  Whatever you need, answers I've got.

So, the other day, a newly minted attorney came into my law library hoping I was all I was hyped up to be.  Turns out he had just accepted a rather messy case.  I mean, it was one of those cases that if he won, it would put him on the map.  If he lost, well....

So, being newly minted and not knowing the ways of the legal world, I introduced him to the world of Continuing Education of the Bar (CEB) and showed him all the great things they offered like:

• California Civil Discovery Practice (CEB)
• California Civil Procedure Before Trial (CEB)
• California Civil Procedure During Trial (CEB)
• Jefferson's California Evidence Benchbook (CEB)
• California Expert Witness Guide (CEB)
• Effective Direct and Cross-Examination (CEB)
• California Trial Objections (CEB)

Then I suggested newly minted take a look at the myriad of case and trial prep materials, like

• California Forms of Pleading and Practice (Lexis; covers most all things from initial pleadings through appeals)
• Bender's Forms of Discovery (Lexis: hundreds of special interrogatories)
• Am Jur Trials (TR; to know what questions to ask witnesses in trial)
• Am Jur Proof of Facts (TR; to know how to introduce evidence in trial)
• Trial Practice Series: Examination of Witnesses (TR)
• McElhaney's Trial Notebook (ABA)
• Trial Practice Series: Questioning Techniques and Tactics (TR)
• Trying Cases to Win: Summation (TR)

Then I suggested he take a look at some of foundational resources like

• American Jurisprudence, 2d (TR)
• Restatement 2d (TR)
• Corpus Juris Secundum (TR)
• California Jurisprudence, 3d (TR)
• Summary of California Law, 10th (TR)

Finally, I suggested he take a look at resources that would help when he won his case, like:

• California Practice Guide: Enforcing Judgments and Debts (TR)
• Debt Collection Practice in California (CEB)
• How to Collect when you Win a Lawsuit (Nolo Press)

and off newly minted attorney went with a gleam in his eye and an understanding that if ever he needed answers, his local county law library (and, by association, his local county law Librarian) was the place to be.

Sneaky buggers

Today's news brings us the story of deceit and skulduggery. Seems Assemblyman Jim Frazier (a democrat representing the area of Oakley) is proposing a bill (AB 2353) in the California Assembly that would cut the limitation of actions for construction defect claims from 10 years to 5 years.

See, there's this building called the Millennium Tower which is located in San Francisco. It is a 58-story luxury residential building (i.e. condos) and it is sinking. Not only has it sunk 17 inches since its completion in 2008, but it's now leaning 14 inches towards a nearby skyscraper. The kicker is that the leaning and sinking weren't realized until year 7 (which, under Politician Frazier's bill, would have precluded any lawsuits against the developers).

So, how might this apply to Joe Consumer (you know, people not living in the Millennium Tower)?  Say you bought a new home in California.  Let's say that 5 years and 1 day after you bought your house, you noticed a crack in the side of your house.  Upon closer inspection, you find that your house is settling because the developer failed to properly grade the land under which your house is sitting resulting in your house starting to sink - causing cracks to appear in your house.

You remember that 5 years and 1 day after you bought your house part? Well, under Politician Frazier's bill, you would be precluded from suing the developer(s). Yep, you would be stuck with having to pay for repairs to your house even though they were all the developers fault. Sound fair to you?

Then we come to the crux of the discussion.  See, the bill is being "sponsored" by an unnamed "nonprofit" group.  A member of another "nonprofit" group, Robert Abodaca (vice-president and co-founder of California Community Builders AND the guy who "asked" Politician Frazier to submit the bill to the Assembly), noted that:

Homeownership is one of the best ways of closing the wealth gap for people of color.  Changing the statute of limitations is going to substantially reduce the insurance premiums for developers who choose to build condominiums for sale, rather than apartments for rent.

I'm not a person of color (unless you count sunburn as a color).  But whenever I see someone bring race into a discussion that has NOTHING to do with race, I get skeptical real fast (and you should, too).

What this all sounds like is a couple of "nonprofits" looking to build a bunch of shoddy, low-income housing/condos, sell them real fast to a bunch of unsuspecting minority groups (hence the "people of color" quip) and then step back when they start falling apart.  Of course, they would be protected by Politician Frazier who was bought off to submit a bill to protect his special interest "nonprofits" buddies.

OK, I realize this isn't so much a post about law and legal research (well, except the part about the limitation of actions).  But, when I'm reading stuff and I see obvious slants against people or when self-righteous/hypocritical politicians (and that covers democrats, republicans and independents) try to push a bill that favoring a bunch of rich, fat cats,...well, I've gotta throw my hat in the ring and spew my two cents.

So, there you have it.  My two cents.

It's what I do

Do you know what a tool belt is used for?  It's to hold tools.  Tools like a hammer or measuring tape or a level.  You use tools to accomplish things - like saving time.  When you use a measuring tape to hammer a nail, you aren't saving time.  When you use a level to measure distance, you aren't saving time.  When you try to do your own research instead of using a Librarian who does this stuff every day, you're not saving time and you're just going to get frustrated.

Wait, what?  See a while back, I got in to an argument with a buddy of mine.  He a real estate broker and he's really good at all things real estate.  He's spouting how worthless Librarians are and how he's the bees knees when it comes to all things research.  Sad, that he hasn't got anything better to do with his time than to try to do his job AND my job at the same time.  

You know, I don't know beans about real estate.  When I bought my house, I didn't try to get it done on my own - I hired a real estate agent (i.e. a professional tool) to do the job.  

• If I needed to have my appendix removed, I'd hire a surgeon (i.e. a professional tool) to cut me open.
• If I were being sued, I'd hire a lawyer (i.e. a professional tool) to represent me.
• If I needed to fly from Los Angeles to New York, I'd charter a plane and hire a pilot (i.e. a professional tool) to fly me there.

So, why is it people think, when they have a problem that they need to research that they are alone in the lone and dreary world?  Why do it yourself when you can save yourself the time and trouble by requesting the services of a professional tool?  

Fact is, when it comes to researching something there is NO ONE who does it better than your local Librarian.  If you're searching for law or legal things, there is NO ONE who does it better than your local county law Librarian.  

Why would mere mortals spend the time futzing on the Internet trying to find what it take me (a Professional Librarian) mere minutes or even seconds to find using either print or online using resources?  It  boggles my mind.

For example, say you were being evicted and needed to know how to defend yourself.  What would you search for online?  I know, but do you?  See, you could do it yourself but you could also save yourself a heap of grief by coming to the law library so that I could show you such wonders as:

• California Eviction Defense Manual (CEB)
• California Tenant's Rights (Nolo Press)
• California Forms of Pleading and Practice (Lexis; Vol. 29 (Landlord Tenant))

Say, instead your Dad died and he left a will but your brother announces that Dad left you out of the will.  What do you do?  Well, you could futz around on the Internet until the cows come home or let me (your local county professional tool) suggest you look at: 

• California Trust and Probate Litigation (CEB)
• California Forms of Pleading and Practice (Lexis; Vol. 38 (Will Contest))
• California Civil Practice: Probate & Trust Proceedings (TR; Vol. 2, Chp. 10 (Will Contests))

One more?  Say you've discovered that you need your appendix removed and want to draw up a Power of Attorney.  You could futz around on the Internet trying to find something that works (and will stand up in court) OR you could talk to your local professional law Librarian who might suggest you look at:

• California Powers of Attorney & Health Care Directives (CEB)
• California Wills & Trusts Forms (Vol. 3 (Durable Powers of Attorney))
• California Probate Code 4401 (Financial POA)
• California Probate Code 4701 (Health Care POA)

And how long did it take me to find all this information?  Maaaaaybe 3 minutes, tops.  How?  Well, simply because I practice researching crazy legal questions every day.  I don't practice real estate.  I don't practice medicine.  I don't practice flying airplanes.  I practice helping people find answers to legal problems every single day of the year.

So, to my buddy who thinks he's better than I am at finding things in print or online, I don't know what you're smoking but it's waaaaay above your pay grade, pal.  Maybe time to give it a rest.

No pain, no gain

Have you ever wondered why Hitler had that funky little mustache?  I was wondering that today as I started shaving.  See, I was sick for a couple days and hadn't shaved.  When that happens, the hairs on my face grow a bit long and since I'm too cheep to buy a new razor, it can really hurt when I start to shave my chinny chin chin.

So, picture it, Hitler comes in from days on the front line and starts to shave.  I can imagine the pain he's feeling having to shave with a knife or an old Schick blade.  OUCH!  Then he gets to that part just under the nose annnnnnnnd says "der Teufel mit diesem Mist, Ich werde es einfach herauswachsen lassen!"  And thus was born the funky little mustache we all know and love.

Of course, this got me thinking about all the painful/scary things people do (or choose not to do) in law.  Like not responding to a complaint when they get served process (i.e. notice that you are being sued).  As painful and scary as anything legal is, I know if I were served a summons and complaint that I would at least take a few minutes to read that opening announcement on the front of the summons, to wit:

NOTICE!  you have been sued. The court may decide against you without your being heard unless you respond within 30 days.  Read the information below.  You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff.  A letter or phone call will not protect you.  Your written response must be in proper legal form if you want the court to hear your case.  There may be a court form that you can use for your response.  You can find these court forms and more information at the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you.

While the the notice painfully goes on and on and on, there are a few things of import right up top that should be pointed out, like:

1. What does "The court may decide against you without your being heard unless you respond within 30 days" mean? Actually, there are two issues here.  First, if you don't respond to the complaint (see #2, below), court may enter a default against you if the filing party (i.e. plaintiff) filed a Request for Entry of Default with the court (before you file your response (again, see #2, below).  As to the second part, "respond within 30 days," this means that you have, count them, 30 days from the day you were served to file a response.  Not 31, not 3,001.  Thirty.  If you go to your local county law library and say I was served this notice 31 days ago, can I still file a response?  We will direct you over to California Code of Civil Procedure § 412.20 to help you answer that question.


2. What does "file a written response at this court and have a copy served on the plaintiff" mean? There are a number of ways to respond to a complaint. You could file a General Denial using form PLD-050.  If you were sued for Breach of Contract, you could respond using form PLD-C-010.  If you were sued for a Personal Injury matter, you could use form PLD-PI-003.  If you were sued for Unlawful Deteiner you could use form UD-105.  Of course, for each type of action, you're going to also want to explore and declare any related Affirmative Defenses.  Other ways to respond to a complaint might include filing a Counterclaim, a Demurrer, a Motion to Strike, a Motion to Dismiss, or maybe even a Motion for Summary Judgement.  Most probably.  Can't be absolutely sure.  You might want to talk to an attorney to be 100% sure.  After you draft your response, you need to file the originals with the court AND deliver a copy of your response on the plaintiff.


3. What does "A letter or phone call will not protect you" mean? It means that IF instead of filing a response you called or sent a letter to the person suing you and asked that they not sue you and you think that that's the end of things, it's not and you are still on the hook (because the plaintiff still wants their money). Even if the plaintiff were to say, "Sure, I won't sue you," don't believe it because they'll say anything to keep you from protecting yourself (like by filing a response).


4. What does "Your written response must be in proper legal form" mean?  It means that you must format legal documents based on the rules of court.  In California, those rules can be found in California Rules of Court 2.100 et seq.  If you are reading this and are in a state other than California, then Google your rules of court by typing: "[state name] rules of court pleading format" (without the quotes).


5. What does "There may be a court form that you can use for your response" mean?  It means that Californians do love their litigation.  So much so that the Judicial Council of California created cheat sheets based on the California codes to help people do all things legal.  Whether you're filing a lawsuit, a motion, an appeal, an injunction, or just changing your name, the Judicial Council forms help people quickly deal with many (but not all) legal issues.  Just check the box or fill-in a blank and you're on your way.  If you're not in California, you'll probably have to create your own form using codes and the Rules of Court for your state or jurisdiction (see #4, above).


6. What does "You can find these court forms and more information at the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you" mean?  It means if you go to the website, you have a 50/50 chance of finding something.  If you go to the courthouse, they may give you some suggestions but they will NOT give you any forms.  If, however, you go to your county law library, the Librarians will scramble over themselves to help you find whatever it is you are looking for.  We can't tell you want to do with it, but we can help you find resources that can.

So, how painful was all that?  Yeah, a bit scary, but everything new is scary. The thing to remember is that you can figure all this out on your own. 

Of course, if you want to alleviate some of your angst and know that you're getting pointed in the right direction, you can always just hit up your local county law Librarian to help you find resources to help answer your most pressing legal research questions.

Yeah, that's what I would do.

That's going to leave a mark

In the news today is the story about a guy who catches a rattle snake (you know, the venomous scary one with fangs that scream leave me alone), drapes it around his neck and snaps a selfie whilst holding the DEADLY snake.  Moments after snapping the pic, snake wriggles free and bites his hand.  What an ungrateful snake - biting the person who held it.

Of course, this reminds me of a young lady who came into the library a short while ago.  Seems she was smitten by a snake-ish young man whom she met while he was incarcerated in prison for a securities fraud (among other things).  Seems a romance blossomed and when guy was paroled, he and she got married in a whirlwind wedding that she paid for.  Turns out she also paid for the utilities in the house s/he lived, the food that s/he lived, the lavish vacations s/he took every year, the clothes, the big screen TV, the...long story short, she was paying for everything because guy did not get a job like he promised he would.  FINALLY, young lady has had enough and lays down an ultimatum - either he gets a job or he moves out and they get a divorce.

Turns out guy is not so stupid.  Turns out guy says 

• he's not going to get a job, 
• that he's not moving out and, in fact, 
• he has been having an affair with young lady's "best" friend for the last 3 years

In tears and with a not so small degree of righteous indignation, young lady storms into the law library to see what she can do to rid herself of deadbeat guy.  As things related to her impending dissolution of marriage, I suggested she first talk to the Family Law Facilitator.  After that, I suggest she take a look at:

• California Practice Guide: Family Law (West)
• Bassett on California Community Property Law (West)
• California Family Law Basics (Harriet Buhai)
• AmJur Pleading and Practice Forms (West; Vols. 8B & 8C: Divorce; Vol. 14: Husband & Wife)

As it related to kicking deadbeat husband out of the house, since guy is now technically a tenant at sufferance, I suggested she take a look at:

• California Practice Guide: Landlord Tenant (West)
• California Landlord Tenant Practice (CEB)
• The California Landlord's Law Book: Rights and Responsibilities (Nolo Press)

Sad that young lady was in such a predicament.  Happy that she knew that her local county law library was a one-stop-shop for all things happily ever after.  If you ever find yourself in a bind, just know that your local county law Librarian has what you need to help you move on down your yellow brick road.

I want it back

Every day I get told stories.  Some fanciful like the guy who swore the girl looked 21 and was now looking at a 288 charge.  Some scary like the guy who had been stalked by a rather large linebacker sized female.  Then there are some that make me wonder what people are thinking.

Take, for instance, the guy that came in the other day.  Seems he was looking for a place to live.  Having found an apartment complex he liked, he inquired as to it's availability.  The landlord informed him that he would have to pay $100 up front for an Application Screening.  Not a problem; guy ponied up the $100 and waited for a response.  The problem was, the landlord didn't have any vacancies when guy handed landlord the $100.  This is a problem (in California, anyway) because under California Civil Code section 1950.6(c), it reads:

Unless the applicant agrees in writing, a landlord or his or her agent may not charge an applicant an application screening fee when he or she knows or should have known that no rental unit is available at that time or will be available within a reasonable period of time.

Oops.  So, maybe landlord forgot - or maybe landlord was just looking for some poker money.  Either way, landlord is looking at some civil liability.  As such, with the look of righteous indignation burning in his eyes, I guide guy over to

• California Forms of Pleading and Practice (Lexis)
• Miller & Starr: California Real Estate, 3d (West)

and off guy goes looking to create some havoc for landlord. Score one for the little guy.  

Anyway, if you ever need help, head on over to your local county law library.  Soon, we'll have you on your path to your personal nirvana in no time.

I Did Not Know That!

Did you know that...

• 111,111,111 X 111,111,111 = 12345678987654321?
• Did you know that during the middle ages, a slice of lemon was served with fish because it was thought the juice would dissolve any bones that were accidentally swallowed?
• Did you know the word "tattoo" is one of the most misspelled words in the English language?
• Did you know that when members of a choir sing, their heart rates become synchronized along with the melody and rhythm?
• Did you know rockstar Alice Cooper used to babysit Keanu Reeves?
• Did you know that from 1850 to 1940 marijuana was listed by the United States Phamacopedia as a useful medicine for nausea, rheumatism, and labor pains and was easily obtained at the local general store or pharmacy?

Did you also know that you could recover property that you left behind at a former tenancy?  Yes, you can.  For instance, say your mother's cousins aunt's mother's uncle twice removed became sick and he called you and asks you to come help him out until he recovers fully.  Being a dutiful relative, you break your lease and leave all your stuff behind in your rush to help.  Six months later you come back and you want to get your stuff but the landlord want's to hold it ransom until he gets the balance of the rent.  What are you going to do?

What I suggest you do is to go to your local county law library and take a look at California Forms of Pleading and Practice (Lexis), and look in Chapter 333 (Landlord Tenant), and look at section 333.93 (Request for abandoned property) and section 333.95 (Complaint to recover abandoned property after notice).  See?  Easy peasy.

The thing is, regardless of the problem(s) you face in life, odds are the good folks at your local county law library know where to lead you to help you find answers.  Yeah, we are that good.