SacLaw Savvy

Neighborhood Assistance Corporation of America is sponsoring a “Keep Your Home California” event at the convention center now through Monday.  This event provides the best homeownership programs in America for both homeowners with an unaffordable mortgage and homebuyers accessing the best mortgage in America. Check out the event flyer for more details. Walk-ins welcome.

Q-
On Saturday I got a bill in the mail from the State Board of Equalization saying I owed 1400.00 in sales tax and late fees from when I bought my brothers truck last year. I thought as brothers, we were exempt from the tax. Do I owe the money now??

Adam

A-
Thanks for your question. Your answer depends on how old you and your brother were at the time of the transaction. According to the California Vehicle Code §6285, you are not required to pay use tax on the purchase of a vehicle or vessel if it is considered a family transfer. A family transfer is from a parent, grandparent, grandchild, child, spouse, domestic partner, or siblings. However, both siblings need to be minors at the time of the transaction. If these family transfers do not apply, then the tax must be paid. If you were minors at the time of the transaction you should have completed a DMV Statement of Facts attesting to the exemption. For more information on tax for vehicles and vessels, see the California State Board of Equalization pamphlet on the topic.

According to the Board of Equalization website, if you disagree with a decision of the staff of the Board of Equalization (BOE) regarding your liability for taxes or fees, you can contest that decision by filing a timely appeal. While the majority of appeals are resolved after discussion with BOE staff, some may proceed through a succession of steps to a hearing before the elected Members of the Board. For more information on the appeals procedure, check out Publication 17 available from the Board of Equalization.

If I have delivered bad news, and you determine you in fact owe the tax, the Board of Equalization offers flexible payment options if you qualify for an installment agreement where payments can be made in weekly, bi-weekly, monthly, or twice monthly installments. If you decide to pay in installments, it is required that payments be made through Auto Pay. Keep in mind interest and fees will continue to accrue until the debt is paid off in full.

Do you have a question for the County Law Librarian? Just email sacpress@saclaw.org. If your question is selected your answer will appear in next Thursday's column. Even if your question isn't selected, though, I will still respond within two weeks.

Coral Henning, Director
@coralh & @saclawlibrarian
www.saclaw.org

Are you getting the most out of your access to ALL of the Law Library’s legal research databases?

Did you know that in addition to offering cases and statutes via WestlawNext, the Law Library offers free access to over 90 CEB titles via OnLaw, thousands of legal articles via HeinOnLine, and the most popluar Matthew Bender titles, including California Forms of Pleading and Practice and California Points and Authorities, online?

If you would like to learn more, please join us in our Second Floor Training Center for a new series of classes to be held from 1:00 to 2:00 p.m. on the first Wednesday of each month. A Law Librarian will cover the content of each of our legal research databases, “best practices” for searching each, and how to print and download your results.

The next class is May 1, 2013. The class is free, but space is limited, so sign up at the Reference Desk today!

The public is invited to the 14th annual Public Safety & Community Appreciation Breakfast, hosted by Sacramento DA Jan Scully on May 10. This year’s event will continue a valued Sacramento tradition of bringing public safety members together with public and elected officials, business and community leaders, and individual citizens to show appreciation for the hard work and dedication of those who help to keep our region safe.

Given the recent loss of fallen and wounded officers in Sacramento County and throughout California, this year’s event theme is, ”Sworn to Protect & Serve: Honoring Our Wounded & Fallen Officers.” 

Honorees who will be attending include family members of fallen Galt Police Officer Kevin Tonn and Sacramento County Animal Control Officer Roy Marcum and wounded Sacramento Sheriff’s Deputies George Eichman, Steve Fonbuena, Eric Henrikson, and Scott Ogden as well as wounded Sacramento Police Canine Officer Bodie.

DA Scully is joined by partners Sacramento Sheriff Scott Jones, Sacramento Police Chief Sam Somers, Jr., the Law Enforcement Chaplaincy and a host of other public safety and fire protection colleagues in organizing this event:

May 10, 2013 ~ 7:00 a.m. to 9:00 a.m.
Doubletree Hotel, Sacramento ~ 2001 Point West Way
Master of Ceremonies, KCRA’s Chris Riva
Keynote Speaker, Bobby Smith
International Motivational Speaker & Law Enforcement Trainer
Former Louisiana State Trooper Shot in the Face and Blinded in the Line of Duty

For more information about tickets, speakers, or sponsorships, click http://www.pio.saccounty.net/Press%20Releases/SAC_033768.pdf or contact Shelley Cooper at 916.874.7983.

Q: My neighbor has been complaining constantly to be about my trees blocking his solar panels. I just received a formal letter from him, saying he’s going to sue me if I don’t cut my trees so they don’t block his solar panels. My trees do not hang over the fence or in any way cross onto his property, so can he really force me to cut them? And can he really sue me?
Thanks,  Gavin
 

A:
It really comes down to one question: what came first, your trees or the solar panels?

In 1978, California passed the Solar Shade Control Act (Public Resources Code 25980-25986). California is one of the only states in the country with a law specifically governing this topic. The law was intended to encourage the planting of trees and shrubs to create shade and moderate temperature, and to support the use of alternative energy devices such as solar energy collectors.

The Solar Shade Control Act applies only to fixed solar collection devices installed on the roof of a building, or on the ground if rooftop installation is impossible. If installed on the ground, very specific height and set-back restrictions apply. Improperly installed solar devices are not protected by this law.

Under this law, property owners are prohibited from allowing their trees or shrubs to shade more than 10% of a neighbor’s solar energy system between the hours of 10am and 2pm. Any tree or shrub planted before the installation of the solar collector is exempt. If a pre-existing tree dies, its replacement is also exempt, even if the replacement is planted after the solar collector’s installation. The law also exempts trees and shrubs planted on timberland or commercial agricultural land.

The state law also allows local governments to exempt themselves from the Solar Shade Control Act by way of a local ordinance. These exemptions apply only to trees and shrubs planted and maintained by the local government, not to privately owned trees. Sacramento County has exempted all unincorporated parts of the county from this law. Many local cities, including Sacramento, Rancho Cordova, and Citrus Heights have also exempted themselves from the law. Others, such as Davis, have exempted themselves from the state law, and instead adopted a local ordinance on the topic.

Under Public Resources Code section 25983, a tree owner who fails to remove or alter a tree or shrub after receiving a written request from the owner of the affected solar collector is committing a private nuisance, as defined in California Civil Code section 3481. The solar collector’s owner may pursue a civil suit against the tree owner for abatement of the nuisance.

If you’d like more information about this law, including a detailed explanation of the exceptions, related case law, and questions to ask yourself when determining if there’s been a violation of the California Solar Shade Control Act, consider reading this excellent article from the Journal of Sustainable Real Estate, ‘‘Hey, Your Tree I s Shading My Solar Panels”: California’s Solar Shade Control Act.

Do you have a question for the County Law Librarian? Just email sacpress@saclaw.org. If your question is selected your answer will appear in next Thursday's column. Even if your question isn't selected, though, I will still respond within two weeks.

Coral Henning, Director
@coralh & @saclawlibrarian
www.saclaw.org

We are doing our in-house use statistics this week. Please leave your books on the carts set up around the library, or in your carrels. Thanks!

We are happy to announce that our “Lawyers in the Library” program now offers legal information in Spanish on the first and third Mondays of each month.  

The Lawyers in the Library program is ideal for those who have a legal issue that is outside of the scope of services of the Sacramento County Public Law Library’s Civil Self Help Center, or for those who work or have other obligations during the day.

 Lawyers in the Library offers free 20-minute consultations with a volunteer attorney at the Sacramento County Public Law Library every Monday night.  A lottery to fill appointment slots is held at 5:15 p.m.  The first appointment begins at 5:30 p.m.

The aim of Lawyers in the Library is to contribute to the Sacramento legal community’s efforts to help people who cannot afford private legal services by coordinating and facilitating brief access to information and referrals from local attorneys serving pro bono. Because the Law Library’s mission is to connect people with legal information, we view this program as helping to forge another connection between the private bar and the people who are least likely to find any other opportunity for twenty minutes of professional attention and consideration.

Q. Hi Law Librarian,

I was taking my purebred Akita puppy, Jett, for a walk and I tied her to a parking sign for 2 minutes while I ducked into a bodega to get us some water; when I came out she was gone. Stolen! I called the police, animal control, posted signs, and talked to neighbors and so far nothing. Is this a crime?

Michelle

A. Hi Michelle,

Pet theft remains a terrible reality across the country. Often underlying these crimes are dogfighters seeking bait animals and dealers acquiring animals to sell to research laboratories or breeding operations. Less organized motivations include kidnap and ransom attempts even animal hording.

Yes it is a crime:

CA Penal Code 487e.
Every person who feloniously steals, takes, or carries away a
dog of another which is of a value exceeding nine hundred fifty
dollars ($950) is guilty of grand theft.

CA Penal Code 487f.
Every person who feloniously steals, takes, or carries away a
dog of another which is of a value not exceeding nine hundred fifty
dollars ($950) is guilty of petty theft.

What Can We Do To Prevent Pet Theft
Animals that are consistently left unmonitored are of course more vulnerable to pet theft but all unattended animals are potentially at risk.

Be familiar with your neighborhood and its animals. Where dog walkers and pet sitters are involved introduce them to your neighbors.

Keep clear and current documentation connecting you with your animal(s) – this could include adoption papers, veterinary records, and identifying photographs.

Keep contact information on animal collars and tags updated, using phone numbers and/or email addresses that are legible and reliable. Have your animal(s) microchipped.

Michelle I hope you are reunited with Jett very soon!

Do you have a question for the County Law Librarian? Just email sacpress@saclaw.org. If your question is selected your answer will appear in next Thursday's column. Even if your question isn't selected, though, I will still respond within two weeks.

Coral Henning, Director
@coralh & @saclawlibrarian
www.saclaw.org
 

The California State Bar Association has established a new working group to explore the idea of limited-practice licensing in California.  The “Limited License Working Group” will hold its first public meeting from 10 a.m. to 1:30 p.m. on Thursday, April 11, at the State Bar’s San Francisco office. The meeting, on the fourth floor of the bar’s offices at 180 Howard St., is open to the public.

Proponents of limited–practice licensing see it as a way to improve delivery of legal services to the public, who often turn to non-lawyers for assistance when they can’t afford the services of licensed attorneys. Such a program, supporters argue, would make legal services more affordable, while ensuring consistency and quality. 

According to a press release  issued April 4, the State Bar receives hundreds of complaints each year about businesses and individuals practicing law without a license, but it is limited in the action it can take because it does not regulate non-attorneys. The unauthorized practice of law is a crime punishable by a misdemeanor conviction.  Business & Professions Code sec. 6125.

Q. My wife and I became registered domestic partners in 2005. When the California court made same-sex marriage legal in 2008, we got married, too. We are now getting a divorce. Do we need to file two different divorces or can we do it all in one case? Do we even need to officially get divorced since Prop 8 did away with same-sex marriage?

A. First of all, you do need to officially get a divorce to end your same-sex marriage.

Same-sex marriage became legal in California in June, 2008, after the California Supreme Court ruled that restricting marriage to heterosexual relationships was unconstitutional. (In re Marriage Cases (2008) 43 Cal.4th 757). In November, 2008, the voters passed Proposition 8, a constitutional amendment outlawing same-sex marriage.

However, the California Supreme Court ruled in 2009 that same-sex marriages during the five-month window in 2008 remain valid (Strauss v. Horton (2009) 46 Cal.4th 364), so you really are married.

As a result, you will need to formally end both the marriage and the domestic partnership. Luckily, you should be able to end both in the same case.

Use form FL-103 (Petition - Domestic Partnership/Marriage) instead of FL-100 (Petition-Marriage) and check the boxes for both “Domestic Partnership” and “Marriage.” The form asks questions about both the marriage and the domestic partnership; be sure to answer all of the questions. If one spouse files a response, be sure to use FL-123 (Response-Domestic Partnership/Marriage)  instead of FL-120 (Response-Marriage). All the other forms should be the same as a standard divorce case.

The only thing that might make a difference is if you have not been living in California. Domestic partners who registered in California can divorce here even if they no longer live in the state, but married couples have to meet residency requirements –six months in California, and three months in the county where the divorce is filed.

If neither spouse meets those requirements, you can start the marriage portion of the case as a legal separation (which does not have the same residency requirements) then change it to a divorce once one spouse meets the requirements. That would be a way to start the case right away and speed up your final judgment of dissolution.