Smart Law Blog

The California Department of Motor Vehicles now accepts digital signatures for vehicle purchases, allowing Californians to have a completely paperless car buying experience from their computer or smartphone.

The DMV has been validating a secure electronic process since the National Highway Traffic Safety Administration (NHTSA) updated its regulations to allow digital signatures for odometer disclosures in September 2019. Previously, these disclosures had to be on paper with handwritten names and wet ink signatures – even online transactions needed to be finalized with an in-person signature, traditionally at a dealership.

“By taking advantage of available technology and the updated federal rules, we are able to provide this new option that can significantly change the way customers buy a car,” DMV Director Steve Gordon said. “Buyers can now complete their purchase from anywhere – no ink or paper required.”

Accepting digital signatures creates a fully electronic process that will reduce time-consuming paperwork for dealerships and their customers while still maintaining all the consumer protections and fraud prevention measures required by law. Currently, the option is only available for new cars through certain dealerships, websites and apps but could eventually extend to all vehicle sales.

“The DMV is in the midst of a major digital transformation to reduce paper and provide more services online,” Gordon said. “Enabling fully digital vehicle sales and titling securely online is the latest way we’re improving DMV customer service.”

The DMV continues to encourage all customers to use its online services and other service channels to complete transactions, including eligible driver’s license and vehicle registration renewals. Nearly all Californians can now renew their driver’s license online – even if the renewal notice states an office visit is required. Customers can also use the Service Advisor on the DMV website to learn their options to complete DMV tasks.

Before visiting a DMV office for a new REAL ID, customers should fill out the online application, upload their documents, and bring their confirmation code and documents with them to an office at their convenience, even the same day. Starting October 1, the U.S. Department of Homeland Security will require a valid passport or other federally approved document, like a REAL ID driver’s license or identification card, to board flights within the United States and access secure federal facilities and military bases. More information is available at REALID.dmv.ca.gov.

Mediation is a process by which parties use a third-party, known as a mediator, to help them resolve a dispute. Some mediators meet with parties together and attempt to get them to agree to a settlement. Some mediators meet with the parties separately, helping the parties to exchange information back and forth, to achieve a settlement.

Mediation is a form of Alternative Dispute Resolution, also known as “ADR.” An important quality of mediation is that the parties maintain control of the outcome. Sometimes, however, parties have contracted, been ordered, or otherwise consented to meditation. In terms of resolving a dispute that may involve legal issues, mediation is one of the most informal and cost-effective ways to resolve a dispute.

The primary goal of mediation is for the parties to reach a voluntary settlement, which is then put into writing and can become an enforceable contract. Another goal of mediation can be to save money. If the parties to a dispute can resolve the dispute using mediation, they will save a significant amount time, money, and other resources if the mediation is successful.

In mediation, the parties decide when a dispute is resolved. If the parties can come to a resolution in mediation, typically, a mediator will help the parties to draft an agreement upon the completion of a successful mediation outlining the results of the mediation.

Although many lawyers can serve as a mediator, and may be experienced and trained mediators, it is not required that a mediator be a lawyer. Technically, any layperson can represent themselves as a mediator. Here, it is important that the parties choose a mediator that is an experienced and trained mediator, as there are no widely recognized state or federal requirements to serve as a mediator.

To find an experienced and trained mediator in Southern California, contact SmartLaw.

Furloughs and layoffs are actions taken by an employer. Typically, these actions are taken to ease the pressure of short-term financial burdens on the employer’s business. Employers may decide to use either a furlough or a layoff depending on various factors related to unfavorable financial circumstances or due to a lack of available work. For employees who are either furloughed or laid-off, the distinctions between the two are important to know.

Layoff
Generally, a layoff is a separation of employment which may be either permanent of temporary. In the case of a layoff, the worker no longer on the company payroll, but may be rehired sometime in the future.

Furlough
A worker that is furloughed remains an employee of the company. However, the worker is typically forced to take a break from work without pay or take a reduction in the hours that worked.

Do I Need an Attorney if I am Furloughed or Laid-Off?
There are many legal considerations surrounding labor and employment. Here, it’s important that employers handle a layoff or furlough appropriately. Also, recent emergency orders that you may not be aware of may impact the nature of any furlough or layoff. If you feel that you have been furloughed or laid-off inappropriately or are unsure if you have been appropriately laid-off or furloughed, you should consult with an attorney that is experienced with labor law.

As an Employer, Do I Need an Attorney Before I Layoff or Furlough an Employee?
To avoid costly exposure to liabilities, as an employer, speaking to an experienced and qualified labor attorney could save your company time and money. Here, it’s always better to get the right advice to avoid a potential legal issue than to deal with a legal issue after an inappropriate layoff or furlough.

Most employment in California is defined as being “at-will.” Here “at-will” employment may be terminated at any time by either the employer or the employee with or without cause. Though this may seem very simple, several exceptions have come about with contractual, statutory or public policy related measures, which can greatly limit an employer’s ability to termination and employee. 

Statues that focus on anti-discrimination are often cited as a limitation on an employer’s right to terminate an employee. Here, employers are unable to terminate an employee based on several protected reasons, including race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, or sexual orientation. 

Another statute that limits “at-will” termination of an employee protects whistleblowers from retaliation. Generally, employees can report unlawful conduct without being subject to termination. Here, employees may be protected from retaliation when disclosing details about a violation of state or federal law to law enforcement or a government agency. 

Other statutes, in part, protect employees in the areas of union activities and leave of absence. 

Needless to say, “at-will” employment can be tricky and the surrounding facts of any “at-will” employment issue will have an important impact on any “case.” If you are an employee or an employer who would like to learn more about how the law may apply to your situation, contact SmartLaw to find a legal resource that is right for you. 

In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants and petitioners who are responding to certain:

• Requests for Evidence;
• Continuations to Request Evidence (N-14);
• Notices of Intent to Deny;
• Notices of Intent to Revoke;
• Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers;
• Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA); or
• Filing date requirements for Form I-290B, Notice of Appeal or Motion.

Notice/Request/Decision Issuance Date:

This flexibility applies to the above documents if the issuance date listed on the request, notice or decision is between March 1 and Sept. 11, 2020, inclusive. 

Response Due Date:

USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action. We will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before we take any action.

We are adopting several measures to protect our workforce and community and to minimize the immigration consequences for those seeking immigration benefits during this time. 

USCIS will provide further updates as the situation develops and will continue to follow CDC guidance. Education and precautions are the strongest tools against COVID-19 infection. Please visit uscis.gov/coronavirus for USCIS updates.

An eligible family member can sponsor a foreign national for an immigrant visa, which can then be used to obtain a Lawful Permanent Resident (“LPR”) Card, more colloquially known as a “Green Card”.

The application starts with the USCIS Form I-130, “Petition for Alien Relative”. The individual sponsoring her family members, known as a “petitioner” must file a separate I-130 for each eligible family member, or “beneficiary”. The petitioner must either be a United States citizen, or an LPR of the United States, and the sponsoring. Eligible family member beneficiaries include:

Lawful Permanent Residents:
– Spouse
– Unmarried children under age 21, and
– Unmarried children over age 21

US Citizens:
– Spouse
– Unmarried children under age 21
– Unmarried children over age 21
– Married children of any age
– Mother or father (US Citizen must be age 21 or older), and
– Brothers or sisters (US Citizen must be age 21 or older)

In addition to the eligibility requirements above, the US limits the number of family-based migrants based on country of origin. When combined with a strong demand for immigrant visas, receiving an immigrant visa may take years, or even decades. Moreover, the number of migrants from mainland China, India, Mexico and the Philippines is greater than other countries. For example, a US Citizen petitioning for his unmarried daughter from Mexico will need to wait twelve years for an immigrant visa to be available, versus eight years for one filing a petitioner for his unmarried daughter from France. This information is found in the State Department’s Monthly Visa Bulletin.

An exception to the family-based limits above are “immediate relatives” of US Citizens. These include a US Citizen’s spouse, children under age 21, and their parents if the US citizen is age 21 or older.

Note, in recent years US immigration laws change rapidly. It’s important to talk to an experienced immigration lawyer to know what immigration law options may be available to you at the time. Contact SmartLaw to talk with an experienced lawyer about your immigration law matter.

A “contingency fee” is a unique payment arrangement with a lawyer. This arrangement allows the lawyer to represent the client without an upfront payment when a case begins. Instead of an upfront payment, the client agrees to give a percentage of the award if the case is successful.

Typically, a contingency fee arrangement is used in cases where a person has been injured and is seeking money “damages” to remedy an injury. Lawyers often decide to represent a client with a contingency fee arrangement based on the nature of the case and the amount of damages that are being claimed. Some types of claims have limitations on how much an injured person can recover in damages, which may affect a lawyer’s decision to represent a client on a contingency fee basis.

Some contingency fee arrangement may require reimbursement of expenses as well as the agreed upon contingency fee percentage. A contingency fee arrangement may also involve a graduated contingency fee percentage, a contingency fee percentage that changes, depending on whether the case goes to trial or meets some other procedural benchmark.

A contingency fee agreement must be in made in writing. Here, it’s important for clients to carefully review the terms of any contingency fee agreement with a lawyer and ask questions about terms in the agreement that are not understood, before entering the agreement. Clients may also find it valuable to consult with another lawyer for advice about a contingency fee agreement they are considering.

The HIPAA Privacy Rule is a federal law. This federal law gives you rights regarding your health information and provides rules and limits on who can receive and look at your health information. The Privacy Rule is applicable to all types of an individuals’ protected health information, whether that information is electronic, oral, or written.

The HIPAA Security Rule, though also a federal law, is different from the HIPAA Privacy Rule. The HIPAA Security Rule requires security for health information specifically in electronic form.

If you believe that a covered entity has violated your health information privacy rights or committed another violation under the HIPAA Privacy, Security, and Breach Notification Rules or the Patient Safety Act and Rule, you may file a complaint with the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR). Here, the OCR can investigate complaints against relevant entities and their associates.

The following list includes some examples of covered entities that are required to meet the requirements of the federal Privacy, Security and Breach Notification Rules:
Health Plans
Health care clearinghouses
Health care providers that conduct a portion of their business electronically using a HIPAA covered transaction.

The Courts of Appeal are California’s intermediate courts of review. People who are not satisfied with a Trial Court decision can appeal their case in an Appellate Court. When a party to a prior case “appeals,” that party is asking a higher-level court to change what the Trial Court decided.

The role of the Courts of Appeal is not to give new trials, but to review the Superior Court record (court files and transcripts) to decide if legal errors were made. To do this, the Court of Appeals may hear arguments from each side. Each side gets a chance to make a presentation and to answer the judges’ questions. The oral arguments are open to the public, but there are no juries or witnesses in an appeal. The Courts of Appeal cannot review death penalty cases.

In each Court of Appeal, a panel of three judges, called “justices,” decides appeals from Superior Courts. The Courts of Appeal can agree with the decision of the Trial Court, agree in part and disagree in part, or disagree and reverse the Trial judge’s decision. The Courts’ decisions are called opinions. The opinions are public and are posted on the Supreme Court’s website.

To get child support in California for your children, you must get a child support order. To get a child support order, a parent must ask for a court order from the court or from a local child support agency.

How this is done depends on whether you already have a family court case that involves both of the child’s parents or if you are starting a case for the first time.

The process of getting a child support order can be complicated. Here, you should try to get help if you can before you try to complete this process on your own without assistance from a lawyer.

How you go about getting a child support order may depend on whether you are married to the other parent or have a registered domestic partnership. If both parents are married or have a registered domestic partnership, child support orders can be asked for if there is a divorce, legal separation, or annulment, if there is a domestic violence restraining order, if there is a petition for custody and support of minor children, or if there is a local child support agency case. Once you have started one of these cases, you can ask for child support order.

If you are not married to the other parent and do not have a registered domestic partnership, you can ask for a child support order if there is a paternity case, if there is a domestic violence restraining order, if there is a petition for custody and support of minor children, or if there is a local child support agency case.

To insure that you have the best chance of success with you child support order, contact SmartLaw to be referred to a qualified child support attorney in Southern California. (866)SMARTLAW, SmartLaw.org.