28 January 2014

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Blood Testing & DUIs

On September 20, 2013, Governor Jerry Brown approved a Senate bill to amend § 1524 of the CA Penal Code, allowing officers to obtain the necessary search warrants in DUI investigations to conduct blood testing on suspects when they refuse to comply. Previously, a search warrant could only be obtained if there was probable cause, supported by affidavit, in an effort to collect evidence of a felony. Since most DUI convictions are classified as misdemeanors, this provided a problem for law enforcement in collecting key evidence in those cases. The Fourth Amendment also protects citizens from illegal...

04 June 2013

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Basic California Divorce (Dissolution) Information

Posted by StearmanLaw

in Our Blog

Basic California Divorce Information- RESIDENCY REQUIREMENTS AND WHERE TO FILE: A judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition. The superior court has jurisdiction in proceedings under the CA. Family Code. LEGAL GROUNDS FOR DIVORCE: Dissolution of the marriage or legal separation may be based on either of the following grounds: (a) Irreconcilable differences, which have caused the irremediable breakdown of the marriage; or (b)...

03 April 2013

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5 Reasons You May Want to Quit Facebook

Posted by StearmanLaw

in Our Blog

There are many reasons to quit Facebook. It may not have the “status” or “coolness” it once had in the past. But there are more practical reasons to stay off and quit Facebook too, including some potential legal consequences. Here are 5 reasons you may want to reconsider staying off Facebook for good: You can get fired over what you post. There are many different reasons why posting things on Facebook can get you fired. Many companies now search their employees Facebook pages to see what they are saying and doing. For example, you could accidentally leak a company secret. Or you...

30 October 2012

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Top 5 Sources of Neighbor Disputes

Posted by StearmanLaw

in Our Blog

Your neighbors are a lot like your family. You can't choose them. As a result, you will often have to deal with legal issues relating to neighbor disputes. Here are five common disputes you may have with a neighbor, with tips on how you can resolve the disputes legally, and civilly. Neighbor Dispute No. 1: Boundary Disputes If you want to put up a fence, but are unsure where your property ends and where your neighbor's begins, you will want to undergo a property survey. With a proper property survey, your neighbor will usually respect your fencing decisions. But for especially territorial neighbors,...

06 March 2012

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Must a Landlord Provide Heat?

Posted by StearmanLaw

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It's pretty cold outside, which means it's time to turn on the heat. But alas, it doesn't work. You've asked your landlord to fix it, but he hasn't. What do you do? Must landlords provide heat? They don't have to pay for it, but they must usually provide a way for you to heat the unit. Tenants are generally entitled to heat under the implied warranty of habitability -- an unwritten promise that requires residential landlords to maintain the premises. And when the warranty doesn't apply, local law probably does. Most local housing and rental codes direct landlords to provide heat. The rules vary...

01 February 2012

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BE CAREFUL WHAT YOU TWEET! The Government May Be Watching

Posted by StearmanLaw

in Our Blog

If you've been making anti-American jokes on Twitter, it's time to stop. The Department of Homeland Security may be after you. Be careful what you tweet. British tourists Leigh Van Bryan, 26, and Emily Bunting, 24, were stopped at Los Angeles International Airport last week after going through customs. Agents arrested the pair and interrogated them for 12 hours. They were then deported over Twitter jokes. Those jokes were made by Bryan, who tweeted at a friend, "Free this week, for quick gossip/prep before I go and destroy America?" He was trying to make plans before he went on vacation. "Destroy" is slang for...

24 January 2012

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What Can You Do About a Neighbor’s Car Alarm?

Posted by StearmanLaw

in Our Blog

What to do about your neighbor's car alarm? If it's not your alarm clock, you don't want to hear it. And even if it is your alarm clock, you probably want it to stop now. Which is kind of the point -- beeping car alarms make it impossible to sleep. They wake you up at all hours, and continue on for minutes at a time. So how do you make them stop? Doesn't incessant beeping break some sort of car alarm law? Quite possibly yes! But you should probably talk to your neighbor before you go all legal. It's the polite thing...

14 November 2011

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Police May Be Able to Secretly Monitor Your Phone

Posted by StearmanLaw

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Cell phone tracking, a method more prevalent than GPS and wiretaps, sometimes doesn't require authorities to take out a search warrant. In some cases, individuals don't even know their cell phone has been tracked until location evidence is lodged against them during a criminal trial. Some might wonder if this is even legal in the first place. Cell phone tracing has become a mainstay in law enforcement authorities' tool belt, but the legality of their use without a warrant is unclear. Whether or not search warrants are needed depend on what jurisdiction you live in. In some jurisdictions like New York and California,...

18 October 2011

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Are Oral Contracts Enforceable?

Posted by StearmanLaw

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Despite popular belief, oral contracts are enforceable. They usually are not in your best interests, and end in a "he said, she said" battle. But as long as there is enough evidence, a court will enforce an oral agreement. However, there is one particular exception to this rule, and it's called the Statute of Frauds. The centuries-old law is designed to prevent deceitful conduct when contracts have high stakes or long durations. As adopted in most states, the Statute requires a written contract in the following situations: Real estate sales Real estate leases lasting longer than one year Transfers of property at the...

07 October 2011

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Top 3 Ways to Collect in Small Claims Court

Posted by StearmanLaw

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Winning a case is often just the first part of a civil court battle. The second part: judgment collection. Even if you win in small claims court, you may be left wondering how to collect a judgment. And it can seem like a daunting task. Defendants generally don't like losing. They also don't like paying up. How can you collect what you're owed? Here are some simple tips to help you collect: How to Collect a Judgment Tip #1: Familiarize yourself with your jurisdiction's rules. Many courts have self-help centers or informative websites that lay out rules and regulations. In California the debtor...