October 2016

Trial Preference for Those Over 70

The California Code of Civil Procedure (CCP) provides for expedited trial setting for those over 70 if the court finds that 1) the party has a substantial interest in the action as a whole, and 2) the health of the party is such that preference is necessary to prevent prejudicing the party’s interest in the litigation (CCP Section 36 (a)).  This issue most often arises for elderly plaintiffs, whose age and ill health raise questions about their longevity and their ability to participate meaningfully in their own case.  The CCP also provides for expedited trial setting where there is medical do

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Prop 64, the Adult Use of Marijuana Act, and (More) Criminal Justice Reform

In November 2014 California voters enacted a seismic shift in criminal penalties for nonviolent property and drug crimes, Proposition 47.  In a few weeks (or already, if one casts her or his ballot by mail), California voters will again decide whether to change the state’s approach to drug policy in a way that realistically pales in comparison to Prop 47 and 2011’s Criminal Justice Realignment, but is nevertheless on plenty of people’s minds in Humboldt County and across the state.
 

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Farmworkers Now Entitled to Additional Overtime Pay

On September 12, California Governor Jerry Brown signed legislation granting farmworkers the right to overtime pay on par with other California workers.  Assembly Bill 1066 provides for incremental overtime pay hour increases for farmworkers over a 4-year period beginning in 2019. Currently, farmworkers are paid overtime rates if they work more than 10 hours per day or 60 hours per workweek, compared to 8 hours per day and 40 hours per workweek applicable to most other hourly California employees.
 

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End of Life Option Act

Please note that the End of Life Option Act was recently passed by the California legislature took effect on June 9, 2016.  Until January 1, 2026, this act authorizes an adult who meets certain qualifications and who has been determined by his or her attending physician to be suffering from a terminal disease as defined in the act, to request medication prescribed for the purpose of ending his or her life. The act establishes procedures for making these requests, forms to request aid-in-dying medication and, under some circumstances, an interpreter declaration.

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