Filing Late Government Claims (Tort Claims) in California

By Michael Reiter, Attorney at Law

Generally government claims for personal injury and personal property damage are due with a public entity within six months of an incident, with some notable exceptions.

However, if a claimant fails to file a government claim within the sixth months, there is a procedure to file a late claim.

(a) When a claim that is required by Section 911.2 to be presented not later than six months after the accrual of the cause of action is not presented within that time, a written application may be made to the public entity for leave to present that claim.

(b) The application shall be presented to the public entity as provided in Article 2 (commencing with Section 915) within a reasonable time not to exceed one year after the accrual of the cause of action and shall state the reason for the delay in presenting the claim. The proposed claim shall be attached to the application.

(c) In computing the one-year period under subdivision (b), the following shall apply:

(1) The time during which the person who sustained the alleged injury, damage, or loss as a minor shall be counted, but the time during which he or she is mentally incapacitated and does not have a guardian or conservator of his or her person shall not be counted.

(2) The time shall not be counted during which the person is detained or adjudged to be a dependent child of the juvenile court under the Arnold-Kennick Juvenile Court Law (Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code), if both of the following conditions exist:

(A) The person is in the custody and control of an agency of the public entity to which a claim is to be presented.

(B) The public entity or its agency having custody and control of the minor is required by statute or other law to make a report of injury, abuse, or neglect to either the juvenile court or the minor’s attorney, and that entity or its agency fails to make this report within the time required by the statute or other enactment, with this time period to commence on the date on which the public entity or its agency becomes aware of the injury, neglect, or abuse. In circumstances where the public entity or its agency makes a late report, the claim period shall be tolled for the period of the delay caused by the failure to make a timely report.

(3) The time shall not be counted during which a minor is adjudged to be a dependent child of the juvenile court under the Arnold-Kennick Juvenile Court Law (Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code), if the minor is without a guardian ad litem or conservator for purposes of filing civil actions. California Government Code section 911.4.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

Milligan, Beswick, Levine & Knox, LLP
A: 1447 Ford St. #201
      Redlands, CA 92374
T: (909) 296-6708
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When Does the Brown Act Allow A Council or Board To Meet Outside the Jurisdiction?

By Michael Reiter, Attorney at Law

The Ralph M. Brown Act codified at Government Code section 54950 et seq., California’s open meeting law gives the public the opportunity to know what their elected officials are doing, and requires their meetings to be open and public.

When does the Brown Act allow a Council or Board to meet outside their jurisdiction?

Generally, the Brown Act does not allow legislative bodies to meet outside their jurisdiction “Regular and special meetings of the legislative body shall be held within the boundaries of the territory over which the local agency exercises jurisdiction . . .”  Government Code section 54954(b).

However, there are the exceptions listed in the same section:

(1) Comply with state or federal law or court order, or attend a judicial or administrative proceeding to which the local agency is a party.

(2) Inspect real or personal property which cannot be conveniently brought within the boundaries of the territory over which the local agency exercises jurisdiction provided that the topic of the meeting is limited to items directly related to the real or personal property.
(3) Participate in meetings or discussions of multiagency significance that are outside the boundaries of a local agency’s jurisdiction. However, any meeting or discussion held pursuant to this subdivision shall take place within the jurisdiction of one of the participating local agencies and be noticed by all participating agencies as provided for in this chapter.
(4) Meet in the closest meeting facility if the local agency has no meeting facility within the boundaries of the territory over which the local agency exercises jurisdiction, or at the principal office of the local agency if that office is located outside the territory over which the agency exercises jurisdiction.
(5) Meet outside their immediate jurisdiction with elected or appointed officials of the United States or the State of California when a local meeting would be impractical, solely to discuss a legislative or regulatory issue affecting the local agency and over which the federal or state officials have jurisdiction.
(6) Meet outside their immediate jurisdiction if the meeting takes place in or nearby a facility owned by the agency, provided that the topic of the meeting is limited to items directly related to the facility.
(7) Visit the office of the local agency’s legal counsel for a closed session on pending litigation held pursuant to Section 54956.9, when to do so would reduce legal fees or costs.
There are also special rules for school boards:

(c) Meetings of the governing board of a school district shall be held within the district, except under the circumstances enumerated in subdivision (b), or to do any of the following:

(1) Attend a conference on nonadversarial collective bargaining techniques.
(2) Interview members of the public residing in another district with reference to the trustees’ potential employment of an applicant for the position of the superintendent of the district.
(3) Interview a potential employee from another district.  Government Code section 54954(c).
Also, Joint Powers Authority have special rules.
(d) Meetings of a joint powers authority shall occur within the territory of at least one of its member agencies, or as provided in subdivision (b). However, a joint powers authority which has members throughout the state may meet at any facility in the state which complies with the requirements of Section 54961. Government Code section 54954(d).
Practically, it can be very difficult for a legislative body to meet outside its jurisdiction. For one, politically, it looks like the agency is hiding something.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

A: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708

Thoughts on the 2012 San Bernardino County Bar Association’s Annual Installation & Awards Banquet at the San Bernardino Hilton, San Bernardino County

By Michael Reiter, Attorney at Law

Last night, I had the good fortune of attending the San Bernardino County Bar Association’s Annual Installation & Awards Banquet.  The 2012-2013 Board of Directors was sworn in by San Bernardino Superior Court Presiding Judge Marsha G. Slough.  The 2012-2013 Board of Directors is President Kevin Bevins, President-Elect John Zitny, Vice President Bradley R. White, Secretary-Treasurer Jack Osborn, Immediate Past President Jennifer M. Guenther, and Directors-at-Large the Honorable Diane I. Anderson, the Honorable Khymberli S. Apaloo, Victor J. Herrera, Barbara A. Keough, Eugene Kim, John W. Short, Sandy L. Turner, and me, Michael Reiter.

I have been a member of the San Bernardino County Bar since around the time I was admitted as an attorney, and through the years I participated in many Bar-related activities, from Lawyer Referral Service to Law Day to the Resolutions Committee.

The Installation was brief, with the bulk of the night devoted to honoring three legal titans: Grover Porter, Paul Shimoff and Bruce Varner. Here is the night’s program:

When I was a Deputy City Attorney for the City of San Bernardino, I prosecuted roughly half of the code enforcement cases, along with Jolena Grider, who is now Senior Assistant City Attorney for the City of San Bernardino. During that time, we would spend a lot of time waiting for second call on our cases before bench warrants were issued to no-shows.  During that time, I would get to hear stories from and about the criminal bar, which included an institutional memory at least into the 1960s.  I had heard Grover Porter’s name when I worked at Legal Aid Society of San Bernardino, but it was not until I was a Deputy City Attorney that I had a chance to see how well Mr. Porter operated in the courtroom.

I have had many occasions to interact with Mr. Shimoff.  As he said in his speech last night, he has never had to advertise, because he gets a constant stream of referrals from other attorneys.  That is because his reputation, particularly in taxation, is unparalleled.   He has been very generous with his time with me, particularly when I was an attorney for Legal Aid Society in San Bernardino.  I asked him for tax advice on a transaction to convince a member of the community to donate  his building to Legal Aid Society.  If you have ever seen the beautiful potted plant in my office, it was a gift from Mr. Shimoff.

Bruce Varner is a legend of the Inland Empire, not just as an attorney, but as a community leader.  I worked for his firm, then Gresham, Varner, Savage, Nolan & Tilden in the summer between high school and college, and the first winter break of college.  Last night, he was a introduced by Jack Brown, the Chairman and Chief Executive Officer of Stater Bros.  Jack Brown lauded the expert legal work of Bruce Varner during Stater Bros. 1986 proxy fight that almost destroyed Stater Bros. Since 2006, he has been a University of California Regent, which is very impressive.

We are lucky in the Inland Empire to have such fine attorneys, and to have such a close legal community.  It makes practicing law much more enjoyable.

A: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708

Garage Sales and Yard Sales (and permits) in the Cities of Highland, Colton, Rialto, San Bernardino, Grand Terrace, Loma Linda, Redlands, Yucaipa and unincorporated San Bernardino County

By Michael Reiter, Attorney at Law

People want to know how to get yard sale and garage sale permits in the East Valley, and they find this site because of this article about the City of San Bernardino’s yard sale ordinance.  Therefore, here is a chart to give a basic (but not complete) understanding of the rules and regulations regarding yard sales in the East Valley, here defined as the Cities of Colton, Rialto, San Bernardino, Grand Terrace, Loma Linda, Highland, Redlands, Yucaipa and unincorporated San Bernardino County such as Muscoy, Mentone, Oak Glen, Devore, Arrowhead Suburban Farms, Devore Heights, and Del Rosa.  Per the City Clerk of Loma Linda, there is no yard sale ordinance in the City of Loma Linda as of 10/17/2012.  Note also that homeowners associations (HOAs) probably have additional restrictions (particularly East Highlands Ranch) which you should look into.

City/Unincorporated Permit Required Permit Cost Where? Duration
Colton Yes $2, except charity, nonprofit, religious Finance Department 3 d, 8am-8pm
Grand Terrace Yes (Except Exemptions) $5 Finance Department 3 d, 8am-8pm
Highland Yes $7 Finance Department 3 d, 8am-8pm
Loma Linda N/A N/A N/A N/A
Redlands Yes $2.50 Treasurer 3 d or 2d each over consecutive weekends; 8 am-8pm
Rialto Yes (Except Exemptions) $5.40 Finance Department 3d, daylight
San Bernardino No (anomoly regarding Estate Sales) N/A N/A 3d, daylight
Yucaipa After 1st sale $2.50 (sales 2-4) Front Desk, City Hall 3d, 8am-8 pm
Unincorporated San Bernardino County No (See SBCC section 84.25.030(e) unless exceed standards of 84.10. N/A N/A 3d, 8am-5 pm
City/Unincorporated Frequency Display Signage Exemptions Ordinance Codified At Violation
Colton 1/quarter Not in PROW During, onsite Court sales Ord 1483 (1975); 0-3-1989 (1989) Colton Municipal Code Chapter 5.45 Misdemeanor
Grand Terrace 2/yr Not in PROW 2 onsite, unlit, 4ft area, 5 day limit, not on PROW, trees, fences, utility poles, removed at end Court sales, charitable, nonprofit, religious Ord 35 (1980) Grand Terrace Municipal Code Chapter 5.40 Infraction
Highland 3/12 mo Safety 1 onsite doublesided, 6 ft area, 5′ tall, 24 hours before until end. Court sales Ord 239 (1998) Highland Municipal Code section 5.04.370 Infraction
Loma Linda N/A N/A N/A N/A None N/A N/A
Redlands 3/12 mo Not in PROW, safety, only during sale Court sales Prior Code secs 24001-10; Ord 2684 (2007), 2779 (2012), Redlands Municipal Code Chapter 5.68 Infraction
Rialto 4/calendar yr only first weekend in March, June, September and December Not in PROW, front or side yards 2 onsite, 4ft area, 4directional signs, prohibited in PROW, >864 sq in., with permission of property owner. Nonprofits, Ord 1416 (2008) Rialto Municipal Code Chapter 5.69 Infraction; misdemeanor for <3/yr
San Bernardino 12/yr only on 3rd weekend of mo Not in PROW, safety, only during sale 3 onsite unlit 24 hr prior until end; 4 Directional 2 sq ft  on private property w/consent Estate sales as to frequency nonprofits as to frequency Ord MC-1344 (2011) San Bernardino Municipal Code Chapter 8.14 Infraction/misdemanor (woblette)
Yucaipa 4/12 mo Not in PROW 1 onsite, not in PROW Court sales Ord 102 (1992) Yucaipa Municipal Code Chapter 5.22 Infraction
Unincorporated San Bernardino County 4/yr Not in PROW 2 onsite, 4ft area, 4 directional signs, prohibited in PROW, 864 sq in., w/permission of property owner. None Ord. 411 (2007) San Bernardino County Code  Chapter 84.10 Infraction; misdemeanor for >3/yr

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog.  You should consult an attorney for advice regarding your individual situation. BE SURE TO CHECK WITH THE INVOLVED CITIES FOR CURRENT LAW AND FEES.

A: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708

Friday Aside: A History of In-N-Out Burger in San Bernardino and environs

By Michael Reiter, Attorney at Law

I’ve written about In-N-Out Burger a few times, particularly in relation to trade dress.  Someone reached my blog by asking “when did in n out open first in san bernardino ca.”  If the searcher was seeking when the Fifth Street location  (795 W. Fifth Street, San Bernardino) was built, that location was built in 2011, and opened at the end of 2011 (December 8, 2011).  It replaced the Second Street location (the address was technically 190 Bungalow Court), which closed on December 7, 2011.  The Second Street location was demolished after the State of California took possession on January 1, 2012.  The State of California acquired the parcel through eminent domain for the Interstate 215 widening project.  See Resolution CDC/2011-50 of the Community Development Commission of the City of San Bernardino.

The Bungalow Court location was there as long as I can remember,  and consisted of a double drive through and no inside eating area.  The location in south San Bernardino,was moved slightly to the north to 1065 E. Harriman Place during the creation of the HUB Project.  There was an Owner Participation Agreement between In-N-Out and the Redevelopment Agency of the City of San Bernardino, acknowledged by Resolution 2001-317, approved by Mayor Valles on October 3, 2001. The old In-N-Out in North Loma Linda was also a double drive through.  According to a letter dated January 23, 1997 from then-attorney (and now Judge) Cynthia Ludvigsen, the old In-N-Out was on the northwest corner of Rosewood Drive  and Tippecanoe.  The Highland store  (28009 Greenspot Road, Highland, CA 92346) opened in 2012.
So, when did In-N-Out Burger open in San Bernardino?  The area near Central City Mall was redeveloped in the 1970s.  The Redevelopment Agency of the City of San Bernardino put out a photo survey of the downtown area before redevelopment, and if I recall correctly, the area on 2nd Street had houses in the early 1970s.

The In-N-Out website’s history section gives clues, but no answers.  Obviously, the first one opened in 1948 in Baldwin Park, the same year that McDonald’s converted to a quick serve restaurant from a barbecue restaurant in San Bernardino.  By 1958, there were five locations in the San Gabriel Valley.  By 1973, In-N-Out had 13 locations, all in Los Angeles County, and all with two drive through lanes and no inside eating. In 1979, the first In-N-Out with a dining room opened in Ontario as restaurant number 21.  The website adds that only 13 more no dining room locations were built after that.  By 1988, In-N-Out had 50 stores in total, and in each of the core Southern California counties: Los Angeles, Orange, Riverside, San Bernardino and Ventura.I have In-N-Out Santa glasses from 1982 that I know we bought from the 190 Bungalow Court location, so that probably means that the original downtown San Bernardino In-N-Out Burger was built between 1973 and 1982. [Update: October 17, 2012.  I couldn’t stand it any longer.  According to In-N-Out’s customer service line, the store was opened on February 11, 1982].

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog.  You should consult an attorney for advice regarding your individual situation.

Copyright 2012 Michael Reiter, Attorney at Law

 

Michael Reiter, Attorney at Law

A: 300 E. State St., Suite 517

Redlands, CA 92373-5235
T: (909) 296-6708

E: michael@michaelreiterlaw.com

W: http://michaelreiterlaw.com

How the Measures Are Assigned Letters in the San Bernardino County Election November 6, 2012

By Michael Reiter, Attorney at Law

If you ever wondered the legal basis for measures being assigned letters, here is a release from the Registrar of Voters showing both the measures, and their assigned letters for November 6, 2012:

In accordance with California Election [sic] Code §13116(b), the San Bernardino County
Elections Office of the Registrar of Voters has designated the measures below with the
letters N through V. To determine what letter was assigned to each measure, a random
drawing was held at 10:00 a.m. on August 13, 2012.
School Districts
County
Letter Jurisdiction Measure Description
Q San Bernardino Proposed Charter Amendment by the Board of Supervisors to
enact a permanent cap on compensation and mandatory
transparency for members of the Board of Supervisors
R San Bernardino Proposed Charter Amendment by SEBA to enact
compensation limits and budget reductions for members of
the Board of Supervisors
City
Letter Jurisdiction Measure Description
S Needles Proposed Marijuana Business Tax
T Needles Proposed Utility User Tax
U Yucca Valley Proposed 1 cent sales tax for 30 years
V Rialto Proposed business tax on items related to petroleum
products
Letter Jurisdiction Measure Description
N San Bernardino City Unified Proposed Bond Measure to promote student safety and
school repairs
O Yucaipa-Calimesa Joint Unified Proposed Bond Measure to repair and upgrade local schools
P Chaffey Joint Union High School Proposed Bond Measure to improve neighborhood schools

What does California Elections Code section 13116 say?:

(a) In an election at which state, county, city, or other local measures are submitted to a vote of the voters, all state measures shall be numbered in numerical order, as provided in this chapter or division. All county, city, or other local measures shall be designated by a letter, instead of a figure, printed on the left margin of the square containing the description of the measure, commencing with the letter “A” and continuing in alphabetical order, one letter for each of these measures appearing on the ballot.
(b) An elections official may commence designating local measures with any letter of the alphabet following the letter “A,” and continuing in alphabetical order, in order to avoid voter confusion that might result from different local measures carrying the same letter designation in successive elections.
(c) Where two or more counties or cities submitting measures to the voters are in close proximity, the elections officials of those counties or cities may mutually agree to use letter designation for ballot measures that will not conflict or confuse the voter.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

A: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708

Measure R Proposed San Bernardino County Charter Amendment Initiative November 6, 2012

By Michael Reiter, Attorney at Law

Voters in the County of San Bernardino are voting on two competing charter amendments.  The first, alphabetically is Measure Q, which I wrote about yesterday.

Measure R is a voter-submitted Charter Amendment, but unlike Measure Q, amends more than just Article VI, Section 1 of the San Bernardino County Charter:

County Counsel, as required by the Government Code, created a summary of the charter initiative:

COMPENSATION LIMITS AND BUDGET REDUCTIONS FOR MEMBERS OF THE
COUNTY BOARD OF SUPERVISORS. INITIATIVE CHARTER AMENDMENT.
Changes the elected office of County Supervisor to a part-time position. Establishes the
maximum monthly compensation for the office of County Supervisor to a total amount of
$5,000 plus a cost of living adjustment not to exceed 5% annually. Cost to the County
of all County Supervisor benefits, including but not limited to, salary, health insurance,
life insurance, leave, retirement, memberships, portable communication devices, and
vehicle allowances shall be included in the $5,000. Establishes a maximum total annual
budget for each Member of the Board of Supervisors at an amount not to exceed five
(5) times the annual compensation amount for each Member. Limits retirement benefits
for the position of County Supervisor to that of regular, non-sworn-peace officer, County
employees. Eliminates the participation by any County Supervisor in the County’s
401(k), 401(a), or 457(b) Plan.

Article I,  Section 1 of the San Bernardino County Charter would be amended to read:

SECTION 1. The Board of Supervisors shall consist of five members, one from
each supervisorial district. The Supervisors shall be nominated and elected at the time
and in the manner provided by general laws, except that provided that each supervisor
shall be elected by the electors of such district and not by the electors of the County at
large.

The position of County Supervisor shall be considered a part-time position.
“Part-time” is defined as attending a minimum of two regular board meetings per
month. Members may hold full-time employment and must comply with economic
disclosure requirements as set forth in the County Code and the California Government
Code. as required.

Article VI, Section 1 would be replaced and Section 2 would be added:

SECTION I. The total compensation of each member of the Board of Supervisors shall be five thousand dollars ($5,000.00) per month, which amount shall include the
actual cost to the County of all benefits of whatever kind or nature including but not
limited to salary, allowances, credit cards, health insurance, life insurance, leave,
retirement, memberships, portable communication devices, and vehicle allowances. This
compensation amount shall be in full compensation for all services by the respective
member of the Board of Supervisors.
Annually, the compensation of Supervisors shall be increased by the percentage
of increase in the cost of living, to be determined by the County Auditor-Controller as of
November I st of each year as shown in the Bureau of Labor Statistics Consumer Price
Index for the Los Angeles Region, not to exceed five percent (5%) per year, provided that
such adjustments shall be rounded to the nearest $100. Any amount of increase in the
cost of living in excess of five percent (5%) may be accumulated and applied to increase
in salary in future years.

The foregoing compensation provisions shall not be changed except by a vote of
the people at the time of a general election.

SECTION 2. The compensation amount provided in Article VI. Section 1 shall
not include amounts deemed to be mandatory employer contributions and/or payments
under state or federal law, including, but not limited to, contributions for social security,
workers’ compensation, unemployment insurance, Public Employee Retirement System,
and reimbursement for actual expenses.

Measure R would add Article I, Section 10:

ARTICLE I. SECTION 10: BOARD OF SUPERVISORS BUDGET
The total annual budget for each Member of the Board of Supervisors, including.
but not limited to, all office operations, and including staff member salaries, office
equipment, rent, vehicle allowances, credit cards. health insurance, life insurance, leave,
retirement, memberships, and portable communication devices shall not exceed five (5)
times the annual compensation amount for each Member as provided in Article VI.
Section I of this Charter. Compensation for each member of the Board of Supervisors
shall be separate and apart from the foregoing amount.
At no time shall any County resources be directed to supplant this provision
through any other county department or division including the County Administrative
Office.
The foregoing compensation provisions shall not be changed except by a vote of
the people at the time of a general election.

The Measure continues with the addition of Article VI, Section 6 to the Charter of the County of San Bernardino:

ARTICLE VI. SECTION 6: RETIREMENT BENEFITS OF MEMBERS OF
THE BOARD OF SUPERVISORS
SECTION 6. Upon the commencement of the next regular individual respective
term of each member of the Board of Supervisors, each member of the Board of
Supervisors shall thereafter be limited to annual retirement pension benefits of regular,
non-sworn- peace officer, County employees. Any supplemental retirement allowance
and/or contribution on behalf of the respective Supervisors is hereby eliminated,
including, but not limited to, participation in the County’s 401(k) and 401(a) retirement
plans; participation in the County’s 457(b) plan is eliminated; and any matching
payment(s) on behalf of any or all of the Supervisors by the County.
For each member of the Board of Supervisors who is a participant in the County
retirement system and/or any successor retirement system (“retirement system”), the
earnable compensation amount used to calculate the relevant pension formula shall
consist of wages derived from the respective Supervisor’s hourly rate equivalent. All
other forms of compensation, including, but not limited to, automobile allowance, health
benefits, insurance, portable communication device allowance, and leave accrual cash-outs
shall be excluded.
The Board of Supervisors shall not take any action, by ordinance, resolution, or
otherwise, which increases the retirement benefits of members of the Board of
Supervisors, with the exception of statutorily-established cost of living adjustments,
without first obtaining the approval of a majority of those qualified electors voting on the
matter.
Prior to placement of any proposed increased benefits on the ballot, the retirement
system shall prepare, or have prepared on its behalf, an actuarial study of the cost and the
funded and unfunded actuarial accrued liability attributable to the retirement benefit
changes proposed by the amendment. Such actuarial study shall be available to the
public and a summary of the actuarial study shall be published in the ballot pamphlet.

The effective date is the next term of each Supervisor.  Measure Q, Section 5.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

A: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708