Protecting mentally ill minors: a legal roadmap for help?

Many Californians have become overwhelmed or numb at stories of mentally ill persons who become homeless or who cannot get treatment.  One recent case demonstrates a path to how minors may receive help in our system and not be allowed to fall through the cracks.

The case below, In re: Conservatorship of the person M.B., the full resources of Alameda County’s social services network were used to try to assist an admitted severely mentally ill minor.  The minor had literally been hospitalized dozens of time argued that after a few weeks of her most recent stay, due process should allow her to live in a lower level facility than her medical team approved. Whether or not you agree with the result here (and it is always hard to know all the facts from an appellate opinion with a confidential case), we all read about when there is disastrous harm because people fall through the cracks. Maybe in this case a young woman has been given the attention and services to try and help her truly find recovery and stability.

https://law.justia.com/cases/california/court-of-appeal/2018/a152586.html

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Nursing Home to Pay $450,000 In Settlement of Patient Dumping Case

Patient dumping is a serious problem as our population ages.   Recently, the Avalon Villa Care Center at 12029 S. Avalon Blvd. settled a major case with the City by agreeing in part to improve its staffing regarding care plans.

Nursing homes are often called “skilled nursing facilities” or “SNFs”.  Many people are not aware that these incidents are reported to the state of California and available online.  If you search this database, you will find ratings that are easily understood — it is surprising how even the cleanest looking, brightest facilities may have reported safety incidents including falls, failing to provide care plans and other citations from state investigators.  Make sure your loved one gets the best care possible, and if you suspect or experience a problem, you can also call state investigators.  You can also call the Shining Law Firm and we will respond and evaluate the situation immediately.

California search for health care facilities:

http://hfcis.cdph.ca.gov/search.asx

Articles on the recent settlement:

http://abc7.com/south-la-facility-accused-of-patient-dumping-reaches-$450k-settlement/3671975/

http://labusinessjournal.com/news/2018/jun/28/city-attorney-wins-450000-settlement-nursing-home-/

In copyright law, when is a phone book like a James Joyce novel? Only the data collector knows!

It is an old “chestnut” in the law that phone books cannot be copyrighted — they are just lists of data including plain names and numbers. However, today in Experian v National Marketing, No. 16-16987 (D.C. No. 2:13-cv-00618-SPL, the Ninth Circuit held that plain-seeming Experian databases of consumer information could have enough creativity to become copyrighted material:

“The novel federal question in this appeal is whether lists
of names with addresses are copyrightable when they are the
product of a sophisticated process to ensure accuracy and
utility. In other words, whether such lists are more like a
telephone book, that the Supreme Court has held lacks any
creative spark, or more like Joyce’s Ulysses that changed the
course of 20th century literature. The answer, it turns out,
lies somewhere in between, but closer to a telephone book.”

This odd quote doesn’t tell the whole tale, as this opinion is good news, bad news, good news. Good news: Experian’s databases were culled and curated just barely enough to be entitled to copyright protection. Bad news: there is no copyright theft because National did just enough to make its data different (a very low bar). But good news in the end: Experian might still be able to prove that National stole its trade secrets.

So after these twists and turns, Experian might just now try and enjoy a quote from Ulysses as it looks forward to another round of lower court trials and tribulations:

“Hold to the now, the here, through which all future plunges to the past.”

http://sos.metnews.com/sos.cgi?0618//16-16987

AB 1971 Seeks To Expand Medical Care for the Mentally Ill Homeless

Today’s article in the LA Times reports on a new bill that might offer the beginnings of real solutions for thousands of homeless people with mental illness. Controversial at its core, a 1967 mental health bill signed by President Reagan set boundaries in who could be confined ‘against their will’. These standards would be broadened for the purpose of providing medical care.

Too many people are dying on California streets — people who could be easily saved. Take a look at this bill and see for yourself whether it is a real start at a solution for those most in need.

http://www.latimes.com/local/california/la-me-5150-medical-treatment-20180418-story.html

Garbage In, Garbarge Out — More Major Press Coverage of recycLA’s failures

Today, both the Los Angeles Times and the Wall Street Journal have published must-read articles. Both papers are now sharply critical of the new Los Angeles waste hauling monopolies called “recycLA”. The Shining Law Firm is pushing forward with its lawsuit against the City on behalf of commercial property owners, apartment owners, HOA members and tenants who are paying the increased and illegal assessments and fees under this program. Please continue to send us your evidence and testimonials of how you are being negatively impacted by these fees and burdens. We’ll keep fighting to get the City to do what is right, roll back this program and refund all illegal costs!

Wall Street Journal: “Garbage In, Garbage Out”:
https://www.wsj.com/articles/garbage-in-garbage-out-in-l-a-1517961326

L.A. Times: “Is Anyone In Charge at L.A. City Hall”:
http://www.latimes.com/local/california/la-me-lopez-recycla-garcetti-02072018-story.html

New LA Times articles report that the new trash system “stinks”

Two recent articles in the Los Angeles times report that there have been 28,000 complaints to the City regarding the City’s new forced monopoly trash hauling program. Columnist Steve Lopez says that the “honeymoon is over” and the “execution doesn’t look so hot.” Reporter David Zahniser’s article is an in-depth critique of the system and again notes how “trash bills have soared for some customers.”

The Shining Law Firm has been fighting this ordinance on behalf of impacted commercial property owners and their tenants, HOAs and apartment owners since June of 2017. If you have been impacted by this ordinance, call the Shining Law Firm and tell us your story. We are fighting to have this unconstitutional program overturned, and return your right to vote on taxes under California’s Proposition 218.

http://www.latimes.com/local/california/la-me-lopez-recycla-20180103-story.html

http://www.latimes.com/local/lanow/la-me-ln-los-angeles-trash-woes-20180107-story.html

LA City Council is in Panic Mode over increased fees, burdens of recycLA

Following last Friday’s packed hearing at City Hall, Los Angeles City Councilmembers are finally waking up to the chaos that has been created due to the failed rollout of the largest City program in decades. Owners of commercial property, multi-residential apartment buildings, tenants who pay waste bills and HOAs have been gouged with increased assessment and fees of 400% or more. The City Council has claimed to be unaware of these increases — however, the evidence collected by the Shining Law Firm has proved that they are either being duped by the new franchise waste haulers or that they are complicit in the illegal secret tax grab.

To join the fight against the City of Los Angeles’ illegal tax grab hidden under the guise of recycling for all, call or email the Shining Law Firm today.

Read more about the Council’s growing problems here:

http://www.11thdistrict.com/recycla_improvements_legislation_introduced

Ban Asbestos Bill Introduced — Time to Stop the Use of This Deadly Fiber in America

Many people are aware that asbestos is highly regulated, and that exposure to asbestos can cause cancer many decades after peak or long-term low dose exposures. What many people do not realize is that asbestos has never been formally banned. The Asbestos Disease Awareness Association, a non-profit organization, has helped get a bill introduced into Congress to finally and formally ban the use of Asbestos and its importation into the United States. Read more at http://myemail.constantcontact.com/ADAO-November-eNewsletter–BREAKING-News—Ban-Asbestos-Bill-Introduced-Today-in-U-S–Senate–and-featuring-more-than-20-new-art.html?soid=1101491837344&aid=B6IwsuOvs2o

LA Downtown News: Property Owners Say Cost and Service In New Waste Hauling Program Stinks!

On Monday, October 30, 2017, the Los Angeles Downtown News published a detailed article on how the City of Los Angeles has doubled, tripled and even quadrupled waste hauling costs on commercial property owners. The Shining Law Firm on behalf of the Apartment Owners Association, commercial property owners and their tenants has filed a class action lawsuit demonstrating how the new “recycLA” program is really an illegal tax grab. The lawsuit shows how the City has violated the Right to Vote on Taxes Act which became part of the California Constitution in 1996.

In this article, you can read quotes from property owners both large and small. They describe in their own words how they are being hit hard with surprise rate hikes, newly added on fees, burdensome requirements and a lack of any way to challenge the City’s actions. Who is to blame for the failed implementation of this program? Read and decide for yourself, and contact the Shining Law Firm if you are a witness to the failures of this program and would like to tell your story.

http://www.ladowntownnews.com/news/some-downtown-building-owners-think-new-trash-hauling-policy-stinks/article_9ef0a8e0-bb60-11e7-b250-676cffc66bfa.html

Daily News columnist calls for reversal of new waste hauling program than has more than doubled customer rates

Susan Shelley, columnist for the Southern California News Group, has called for a reversal of the new City of Los Angeles waste hauling system called “recyLA” and formerly called “Zero Waste.” Ms. Shelley’s article hits the nail on the head. However, on behalf of the Apartment Owners Association of California and all impacted commercial property owners, HOAs and apartment owners, the Shining Law Firm is spearheading an effort in the courts to stop these unconstitutional increases. Read more about Ms. Shelley’s ideas using the link below and stay tuned here for more developments.

http://www.dailynews.com/2017/10/10/heres-how-to-get-rid-of-l-a-s-costly-new-trash-hauling-monopoly/