Why Sarah Palin is the Best Darn Comedy on TV Today - a Newport Beach Entertainment Attorney’s View
January 3, 2009 by
Filed under National, State, Local |
It really doesn’t matter if you are Republican, Democrat or Independent, whether you live or work in Hollywood, Los Angeles, or live in Malibu, or live and work outside the entertainment industry anywhere from Orange County to San Diego, from Carlsbad, or Pacific Beach, La Jolla, Rancho Santa Fe and San Marcos to Newport Beach, Laguna Beach or Huntington Beach, Garden Grove, Anaheim, Irvine or Yorba Linda. Even if you live in Montecito or Santa Barbara, Temecula, Palm Desert, La Quinta or Palm Springs, you have got to love Sarah Palin for the comedy she has brought back to television and to this election.
Before I even start this article, there will be some out there who will say Sarah Palin is being picked on. Whether or not you believe that to be true or false, this candidate is giving us some of the best comedy a politician has ever given us, and at a time when we have never needed it more. Saturday Night Live could never have hoped for a better candidate to skewer.
Who knew that the straight man or in this case straight woman would turn out to be Katie Couric?
First there was Sarah Palin’s attempt to explain her position that by the fact that Alaska is geographically close to Russia, that she has foreign policy experience. Couric asked why Palin’s experience in Alaska enhances her foreign policy credentials.
Palin: Well, it certainly does because our next door neighbors are foreign countries, there in the state that I am the executive of. And there in Russia -
Couric: Have you ever been involved in any negotiations for example, with the Russians?
Palin: We have trade missions back and forth. We do - it’s very important when you consider even national security issues with Russia - as Putin rears his head and comes into the airspace of the United States of America, where do they go? It’s Alaska. It’s right over the border. It is from Alaska that we send those out to make sure an eye is being kept on this very powerful nation, Russia, because they are right there, they are right next to our State.
Has anyone yet figured out what any of her answer to Katie Couric’s question means? One has to believe she was testing her skill as a deadpan comedian because she followed up this answer with an even better answer.
Couric: Why isn’t it better, Governor Palin, to spend $700 billion helping middle-class families who are struggling with health care, housing, gas and groceries; allow them to spend more and put more money into the economy instead of helping those big financial institutions that played a role in creating this mess?
Palin: That’s why I say I, like every American I’m speaking with, we’re ill about this position that we have been put in where it is the taxpayers looking to bail out. But ultimately, what the bailout does is help those who are concerned about the health care reform that is needed to help shore up our economy, helping the - it’s got to be all about job creation, too, shoring up our economy and putting it back on the right track. So health care reform and reducing taxes, and reigning in spending has got to accompany tax reductions and tax relief for Americans. And trade, we’ve got to see trade, as opportunity not as competitive, scary thing. But one in five jobs being created in the trade sector today, we’ve got to look at that as more opportunity. All those things under the umbrella of job creation. The bailout is a part of that.
Political science majors in college and election campaign advisors will be studying both of these answer for years. But just grasp if you will how, in her second answer,she is able to connect the dots. The bailout, Palin says, makes her and other Americans ill. So the bailout needs to bail out health care, presumably, so we can get over our illness with the bailout. This is masterful.
But the bailout is also about job creation (whose?), reducing taxes (really?), reigning in spending (all $700 billion worth?), and trade (this is part of her comedy routine apparently). And then in the spirit of Halloween which is just around the corner, she says trade should be seen as an opportunity, not just as a scary thing. Brilliant. But she forgot to mention Christmas and being a maverick cleaning up Washington. Rats.
As an entertainment attorney who also handles election law, campaign finance law and political law, Sarah Palin has it all. She is rejuvenating comedy to it’s highest art form and making political junkies of us all.
This isn’t just comedy or entertainment. This is politics at it’s most lucid. Or is that ludicrous?
If you have an entertainment law, copyright or trademark issue in San Diego, Newport Beach, Irvine, Orange County, La Jolla, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your Beverly Hills Entertainment Lawyer and your Malibu Entertainment Attorney. Be sure to hire a California law firm with entertainment law experience who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Beverly Hills, Malibu, Newport Beach, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented.
If you have an entertainment law, or copyright dispute of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website athttp://www.sebastiangibsonlaw.com and learn how we can assist you.
Palm Desert, Palm Springs, Newport Beach and Indian Wells Trust Attorney Advises When Living Trusts are Useful in Estate Planning
October 30, 2008 by
Filed under National, State, Local |
R. Sebastian Gibson asked:
When setting up a living trust in California, it doesn’t matter where you live, La Jolla, Del Mar, Rancho Santa Fe, Encinitas, Carlsbad or San Marcos, for instance in San Diego, CA, or Newport Beach, Newport Coast, Crystal Cove, Laguna Beach, Anaheim Hills, Yorba Linda or Corona del Mar as an example in Orange County, California, or even in Palm Springs, Palm Desert, Rancho Mirage, Indian Wells or La Quinta in the Coachella Valley, they have usually been set up by an estate planning attorney to reduce probate expenses and estate taxes for the clients. Today, their usefulness in that regard depends on the size of the estate.
When a trust is set up, one person’s legal property is held in trust by the trustee for the beneficiary. With most living trusts, you are the trustee of your own trust property and keep full control over all the property in the trust. That is why people should not be scared of setting up a trust for themselves. The scary thing is when people try to set them up without the assistance of an attorney. That is when mistakes can be made.
While setting up a trust will cause some expense in attorney fees, they can eliminate the need for probate, probate fees, and your surviving family members can transfer your property quickly without waiting 6 to 12 months for probate to be complete.
If you don’t expect to owe federal estate tax at your death, a simple basic living trust is probably the only type of trust you need to avoid probate and probate fees.
A declaration of trust is prepared and you can name yourself as trustee. The declaration of trust states who you want to get your property at your death. Property is transferred to yourself, as trustee of your estate. When you die, the successor trustee transfers the property to the people you wanted to get it.
If you want to leave your house through your trust, you will need to sign a new deed. This is not as complicated though as it sounds.
You should still have a will even if you have a trust. The will serves to cover any property which you choose not to or forget to transfer to the trust. Your will can also have a catch all that states who gets the residue of your property that you have not specifically given to others.
If you have a trust but no will, any property that falls outside the trust will still go to your closest relatives, according to state law.
Finally, if you have a large estate and need to save on estate tax, more complicated living trusts can be created to reduce your tax at the time of death.
For those who do not want the hassle of setting up a trust, a will can be made very easily and you can still control who gets your property.
If you forget to make a will before you die, the state will determine who gets your property, but it will usually be your spouse and children, or if you have none, your closest relatives.
If you have a trust, will, or estate planning issue in San Diego, Newport Beach, Irvine, Orange County, La Jolla, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your Palm Springs Estate Planning Lawyer and your Newport Beach Trust Attorney. Be sure to hire a California law firm with estate planning and trust law experience who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Beverly Hills, Malibu, Newport Beach, Beverly Hills, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented and get the compensation you deserve.
If you have a trust, will, or estate planning issue of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com and learn how we can assist you.
Hawaii Homes
When setting up a living trust in California, it doesn’t matter where you live, La Jolla, Del Mar, Rancho Santa Fe, Encinitas, Carlsbad or San Marcos, for instance in San Diego, CA, or Newport Beach, Newport Coast, Crystal Cove, Laguna Beach, Anaheim Hills, Yorba Linda or Corona del Mar as an example in Orange County, California, or even in Palm Springs, Palm Desert, Rancho Mirage, Indian Wells or La Quinta in the Coachella Valley, they have usually been set up by an estate planning attorney to reduce probate expenses and estate taxes for the clients. Today, their usefulness in that regard depends on the size of the estate.
When a trust is set up, one person’s legal property is held in trust by the trustee for the beneficiary. With most living trusts, you are the trustee of your own trust property and keep full control over all the property in the trust. That is why people should not be scared of setting up a trust for themselves. The scary thing is when people try to set them up without the assistance of an attorney. That is when mistakes can be made.
While setting up a trust will cause some expense in attorney fees, they can eliminate the need for probate, probate fees, and your surviving family members can transfer your property quickly without waiting 6 to 12 months for probate to be complete.
If you don’t expect to owe federal estate tax at your death, a simple basic living trust is probably the only type of trust you need to avoid probate and probate fees.
A declaration of trust is prepared and you can name yourself as trustee. The declaration of trust states who you want to get your property at your death. Property is transferred to yourself, as trustee of your estate. When you die, the successor trustee transfers the property to the people you wanted to get it.
If you want to leave your house through your trust, you will need to sign a new deed. This is not as complicated though as it sounds.
You should still have a will even if you have a trust. The will serves to cover any property which you choose not to or forget to transfer to the trust. Your will can also have a catch all that states who gets the residue of your property that you have not specifically given to others.
If you have a trust but no will, any property that falls outside the trust will still go to your closest relatives, according to state law.
Finally, if you have a large estate and need to save on estate tax, more complicated living trusts can be created to reduce your tax at the time of death.
For those who do not want the hassle of setting up a trust, a will can be made very easily and you can still control who gets your property.
If you forget to make a will before you die, the state will determine who gets your property, but it will usually be your spouse and children, or if you have none, your closest relatives.
If you have a trust, will, or estate planning issue in San Diego, Newport Beach, Irvine, Orange County, La Jolla, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your Palm Springs Estate Planning Lawyer and your Newport Beach Trust Attorney. Be sure to hire a California law firm with estate planning and trust law experience who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Beverly Hills, Malibu, Newport Beach, Beverly Hills, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented and get the compensation you deserve.
If you have a trust, will, or estate planning issue of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com and learn how we can assist you.
Hawaii Homes
Palm Desert, Newport Beach, Irvine, and San Diego California Real Estate Attorney Analyzes What Makes a Real Estate Lease Legal
September 18, 2008 by
Filed under National, State, Local |
R. Sebastian Gibson asked:
In these difficult economic times, as more and more people are forced to walk away from their homes and lease a home or apartment until the economy turns around, it becomes important again to know some of the rules regarding leases in California.
If you live in any of the cities in the Coachella Valley including Indian Wells, Palm Springs, Palm Desert, Cathedral City, Yucca Valley, Joshua Tree, Rancho Mirage, Desert Hot Springs, Twentynine Palms, Thermal, Indio, Coachella, La Quinta or in Orange County, San Diego or the Inland Empire in the cities of La Jolla, Del Mar, Encinitas, Carlsbad, Oceanside, San Marcos, Vista and Escondido, Huntington Beach, Westminster, Buena Park, Anaheim, Santa Ana, Costa Mesa, Irvine, Newport Beach, Corona del Mar, Laguna Beach, San Clemente, San Juan Capistrano, Yorba Linda, Fullerton, Ontario, Rancho Cucamonga, Riverside, San Bernardino, or Temecula and if you ever lease a home, here is some basic legal information about leases.
The Statute of Frauds in California requires that a lease for more than a year must be in writing. Consequently, an oral agreement for a rental period of a year or less is still valid where the parties intended to create such a lease.
Here’s the tricky part to all of this. If the parties verbally agree to a year’s lease before the lease goes into effect, the oral agreement is invalid as the lease will expire more than a year after the lease was made.
The minimum legal components of a lease are a statement of the parties, a description of the property, the duration of the lease, the amount of the rental, and the time and manner of the rental payment.
Leases usually require a great more than just those terms however. What extra terms are included are up to the parties. The failure to contain other elements does not cause the lease to be invalid. However, if the tenant is required to waive his legal rights as to security deposits, litigation, notices of hearings, suing the landlord or a landlord entering the premises, such waivers are generally void and can be attacked as contrary to public policy.
Security deposits are a matter of real estate regulation. Landlords of residential (as opposed to commercial) property are limited to requiring a security deposit of two month’s rent for unfurnished property and three month’s rent for furnished property.
A landlord can increase the security deposit by one-half a month’s rent for a waterbed, but when was the last time anyone saw a waterbed?A landlord can also require that the first month’s rent be paid in advance. If the lease states that late charges will be imposed for late payment of the rent, late charges are legal. Courts have held 1 percent to be legal and 20 percent to be excessive.
Landlord-tenant law is in many respects far more complex than basic contract law. The handbooks on landlord and tenant law are extensive and the statutory regulations are many.
On top of that, the rules regarding leases differ dramatically between residential and commercial leases.
When seeking the advice of an attorney regarding a commercial lease, it is helpful to hire an attorney who is also a commercial real estate broker or Realtor as such an attorney may also have additional experience in the practical aspects of commercial real estate leases.
Hawaii Homes
In these difficult economic times, as more and more people are forced to walk away from their homes and lease a home or apartment until the economy turns around, it becomes important again to know some of the rules regarding leases in California.
If you live in any of the cities in the Coachella Valley including Indian Wells, Palm Springs, Palm Desert, Cathedral City, Yucca Valley, Joshua Tree, Rancho Mirage, Desert Hot Springs, Twentynine Palms, Thermal, Indio, Coachella, La Quinta or in Orange County, San Diego or the Inland Empire in the cities of La Jolla, Del Mar, Encinitas, Carlsbad, Oceanside, San Marcos, Vista and Escondido, Huntington Beach, Westminster, Buena Park, Anaheim, Santa Ana, Costa Mesa, Irvine, Newport Beach, Corona del Mar, Laguna Beach, San Clemente, San Juan Capistrano, Yorba Linda, Fullerton, Ontario, Rancho Cucamonga, Riverside, San Bernardino, or Temecula and if you ever lease a home, here is some basic legal information about leases.
The Statute of Frauds in California requires that a lease for more than a year must be in writing. Consequently, an oral agreement for a rental period of a year or less is still valid where the parties intended to create such a lease.
Here’s the tricky part to all of this. If the parties verbally agree to a year’s lease before the lease goes into effect, the oral agreement is invalid as the lease will expire more than a year after the lease was made.
The minimum legal components of a lease are a statement of the parties, a description of the property, the duration of the lease, the amount of the rental, and the time and manner of the rental payment.
Leases usually require a great more than just those terms however. What extra terms are included are up to the parties. The failure to contain other elements does not cause the lease to be invalid. However, if the tenant is required to waive his legal rights as to security deposits, litigation, notices of hearings, suing the landlord or a landlord entering the premises, such waivers are generally void and can be attacked as contrary to public policy.
Security deposits are a matter of real estate regulation. Landlords of residential (as opposed to commercial) property are limited to requiring a security deposit of two month’s rent for unfurnished property and three month’s rent for furnished property.
A landlord can increase the security deposit by one-half a month’s rent for a waterbed, but when was the last time anyone saw a waterbed?A landlord can also require that the first month’s rent be paid in advance. If the lease states that late charges will be imposed for late payment of the rent, late charges are legal. Courts have held 1 percent to be legal and 20 percent to be excessive.
Landlord-tenant law is in many respects far more complex than basic contract law. The handbooks on landlord and tenant law are extensive and the statutory regulations are many.
On top of that, the rules regarding leases differ dramatically between residential and commercial leases.
When seeking the advice of an attorney regarding a commercial lease, it is helpful to hire an attorney who is also a commercial real estate broker or Realtor as such an attorney may also have additional experience in the practical aspects of commercial real estate leases.
Hawaii Homes
Newport Beach and San Diego California International Lawyer Discusses International Trade and the Global Financial System After the Economic Meltdown
July 28, 2008 by
Filed under National, State, Local |
R. Sebastian Gibson asked:
As an international attorney in San Diego, Newport Beach and Palm Springs, it has become apparent that in the International Financial Arena, “what have you done for us lately?” is not a question being put to the U.S. right now. The Europeans have already seen what the American mortgage meltdown did for them. It spread their way like a trans-Atlantic virus that they couldn’t run away from and there is little the Europeans want from the U.S. now besides help restoring calm and a new American leader they can trust again.
The European Union is petulant with the U.S. The question now, is with the global economic meltdown, has a new era in international trade begun?
It was bad enough when the U.S. financial crisis spread to Europe. But when Congress voted down the bailout plan at the end of September 2008, European Union leaders accused the U.S. Congress of having taken leave of their senses. When the bailout bill was eventually passed and then did little to calm the markets, especially the European markets, the countries in Europe became exasperated.
The U.S. Financial System has been criticized as under-regulated and uncivilized and it was only a matter of time before changes were going to be proposed to put some distance between the U.S. system and that of Europe.
A few coughs from the person you are dealing with and you increase your space. When you keep catching cold from someone, you want to move away more dramatically. That’s what has been going on right now in U.S.-European relations.
The European Union wants greater regulatory power in international finance and wants these reforms to spread the regulatory power to Europe, China, Brazil and India. In recent days, the French, British and German leaders called President Bush and urged him to call an international conference to put such international reforms into place. Today, summits are taking place regularly and the cooperation between all the financial markets are starting to soothe relations.
But there seems to be a growing consensus in Europe that the U.S. is losing or has already lost its superpower status in the global financial system. With the loss of power of the financial center in New York, power had thought to be shifting to Europe, Asia and the Middle East. With the collapse in the price of oil, that could now be changing again. Until the markets have restored calm and the dust settles, it will have to be seen what the new U.S. President is able to do to restore it’s status in the world.
With the collapse of the World Trade Organization’s round of trade talks in July 2008, there has been talk we may be headed toward a more protectionist trade climate to go along with lower trade growth flowing from the economic meltdown. The slowdown being felt in the U.S. is being felt even more strongly in countries such as Ireland which is trying to arrange a loan from countries such as Russia to avoid a complete bankruptcy as a country.
What started as a slowdown has gained speed downward. The previously high cost of fuel has added to shipping charges, such that the cost of shipping can outweigh the value of the goods in some cases. And with wages rising in Asia, once cheap goods are no longer cheap or in demand.
Even with the global slowdown affecting the price of oil, to combat a worsening trade situation, manufacturers are looking to relocate plants closer to their end markets.
While trade goes in cycles, it is becoming more widely perceived that the pendulum of this cycle is just beginning to increase in speed and the rebound may be some ways off.
If you need assistance with any type of international matter, we have the international experience in both the U.S. and Europe to assist you with your business, financial, intellectual property, real estate and other legal needs around the world. Our offices in San Diego, Newport Beach, Orange County and in the Palm Springs and Palm Desert areas of California are ready to act quickly on any legal matter.
If you have an international legal matter of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website athttp://www.sebastiangibsonlaw.com and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.
Hawaii Homes
As an international attorney in San Diego, Newport Beach and Palm Springs, it has become apparent that in the International Financial Arena, “what have you done for us lately?” is not a question being put to the U.S. right now. The Europeans have already seen what the American mortgage meltdown did for them. It spread their way like a trans-Atlantic virus that they couldn’t run away from and there is little the Europeans want from the U.S. now besides help restoring calm and a new American leader they can trust again.
The European Union is petulant with the U.S. The question now, is with the global economic meltdown, has a new era in international trade begun?
It was bad enough when the U.S. financial crisis spread to Europe. But when Congress voted down the bailout plan at the end of September 2008, European Union leaders accused the U.S. Congress of having taken leave of their senses. When the bailout bill was eventually passed and then did little to calm the markets, especially the European markets, the countries in Europe became exasperated.
The U.S. Financial System has been criticized as under-regulated and uncivilized and it was only a matter of time before changes were going to be proposed to put some distance between the U.S. system and that of Europe.
A few coughs from the person you are dealing with and you increase your space. When you keep catching cold from someone, you want to move away more dramatically. That’s what has been going on right now in U.S.-European relations.
The European Union wants greater regulatory power in international finance and wants these reforms to spread the regulatory power to Europe, China, Brazil and India. In recent days, the French, British and German leaders called President Bush and urged him to call an international conference to put such international reforms into place. Today, summits are taking place regularly and the cooperation between all the financial markets are starting to soothe relations.
But there seems to be a growing consensus in Europe that the U.S. is losing or has already lost its superpower status in the global financial system. With the loss of power of the financial center in New York, power had thought to be shifting to Europe, Asia and the Middle East. With the collapse in the price of oil, that could now be changing again. Until the markets have restored calm and the dust settles, it will have to be seen what the new U.S. President is able to do to restore it’s status in the world.
With the collapse of the World Trade Organization’s round of trade talks in July 2008, there has been talk we may be headed toward a more protectionist trade climate to go along with lower trade growth flowing from the economic meltdown. The slowdown being felt in the U.S. is being felt even more strongly in countries such as Ireland which is trying to arrange a loan from countries such as Russia to avoid a complete bankruptcy as a country.
What started as a slowdown has gained speed downward. The previously high cost of fuel has added to shipping charges, such that the cost of shipping can outweigh the value of the goods in some cases. And with wages rising in Asia, once cheap goods are no longer cheap or in demand.
Even with the global slowdown affecting the price of oil, to combat a worsening trade situation, manufacturers are looking to relocate plants closer to their end markets.
While trade goes in cycles, it is becoming more widely perceived that the pendulum of this cycle is just beginning to increase in speed and the rebound may be some ways off.
If you need assistance with any type of international matter, we have the international experience in both the U.S. and Europe to assist you with your business, financial, intellectual property, real estate and other legal needs around the world. Our offices in San Diego, Newport Beach, Orange County and in the Palm Springs and Palm Desert areas of California are ready to act quickly on any legal matter.
If you have an international legal matter of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website athttp://www.sebastiangibsonlaw.com and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.
Hawaii Homes
La Jolla, Newport Beach and Palm Springs California Psychotherapist Malpractice Defense Lawyer Discusses Psychotherapist Claims and Defense
March 24, 2008 by
Filed under National, State, Local |
R. Sebastian Gibson asked:
People are starting to talk more about depression. Depression as a possibility of where the economies of the world could be taking us, and depression as a state of mind. With the global economic slowdown and the stock market crashing day after day taking away the savings and jobs of thousands of people in California and around the world each week, more and more people are becoming depressed and turning to psychotherapists for help.
It doesn’t matter where you live in California, whether it is in Palm Desert, Laguna Beach, San Diego, CA, Orange County, Santa Barbara, Palos Verdes, Anaheim, Buena Park, Corona del Mar, Palm Springs, Temecula, Indian Wells, in Ventura, Carlsbad, Rancho Santa Fe, San Clemente, San Juan Capistrano, Newport Beach, Huntington Beach, Irvine, Newport Coast, Santa Ana, Costa Mesa, Yorba Linda, Fullerton, Ontario, Rancho Cucamonga, help from a psychotherapist may be needed by all of us if this worldwide economic crisis becomes much worse.
Mental health professionals can commit malpractice or fail to meet the standard of care in a number of situations. However, they are accused in many more in which there is no malpractice and where they do meet the standard of care.
The type of situation in which psychotherapists most clearly commit malpractice is where the mental health professional enters into a sexual relationship with the patient while the patient is still under their care. Unfortunately this claim is made by patients more times than it is true.
A psychotherapist owes a patient a duty to use reasonable care in the treatment of that patient. When the psychotherapist breaches that duty and acts negligently or intentionally harms that patient, the psychotherapist is liable for damages, which under California law, can be extensive.
A psychotherapist can reduce their chances of being sued for malpractice and reduce the chance of being found liable if they are sued by documenting and exercising good judgment when treating their patients.
Another pitfall for the therapist is where therapists enter into business relationships with former or current patients. The theory behind why such relationships should be avoided at all cost is the unequal bargaining power between the patient and the therapist once a therapeutic relationship has been established.
Using a technique without proper training is also a ripe area for malpractice. It can also be a problem if the psychotherapist has failed to obtain an adequate history, when the psychotherapist has out of office contact with the patient, and when he or she fails to obtain peer consultation.
A malpractice case can be brought against a psychotherapist for violating the standard of care and negligently diagnosing or treating a patient. A psychotherapist must also maintain a boundary with his or her patient. When a psychotherapist breaches that boundary by having a sexual, social, business or personal relationship, hugs a patient for more than a few seconds, or has other physical contact other than a handshake, there can be allegations of malpractice.
If you are a psychotherapist and are under investigation by your state board for complaints and accusations or malpractice suits, speak to a mental health malpractice attorney as soon as possible.
Patients in psychotherapist malpractice cases who are successful can recover damages for past and future medical treatment, past and future wage loss, and pain and suffering both past and future. It is the future medical care of an abused patient that can run into the many hundreds of thousands if not millions of dollars.
If you are a psychotherapist and need legal defense, we have the knowledge and resources to be your Newport Beach Psychotherapist Lawyers, and Palm Desert Psychotherapy Attorneys. For this reason, be sure to hire a California law firm withpsychotherapist defenselawyers who can represent you from Palm Springs, Rancho Cucamonga, Orange County, San Luis Obispo, Laguna Beach, Newport Beach and Huntington Beach, Corona del Mar, Anaheim, Irvine, La Jolla, Santa Barbara, Temecula, Palm Desert, Yorba Linda, Carlsbad, San Diego, Costa Mesa, Westminster, and Murrieta, to Indian Wells and La Quinta.
If you have a psychotherapist, psychotherapy or psychologist legal matter of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website athttp://www.sebastiangibsonlaw.com and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.
Hawaii Homes
People are starting to talk more about depression. Depression as a possibility of where the economies of the world could be taking us, and depression as a state of mind. With the global economic slowdown and the stock market crashing day after day taking away the savings and jobs of thousands of people in California and around the world each week, more and more people are becoming depressed and turning to psychotherapists for help.
It doesn’t matter where you live in California, whether it is in Palm Desert, Laguna Beach, San Diego, CA, Orange County, Santa Barbara, Palos Verdes, Anaheim, Buena Park, Corona del Mar, Palm Springs, Temecula, Indian Wells, in Ventura, Carlsbad, Rancho Santa Fe, San Clemente, San Juan Capistrano, Newport Beach, Huntington Beach, Irvine, Newport Coast, Santa Ana, Costa Mesa, Yorba Linda, Fullerton, Ontario, Rancho Cucamonga, help from a psychotherapist may be needed by all of us if this worldwide economic crisis becomes much worse.
Mental health professionals can commit malpractice or fail to meet the standard of care in a number of situations. However, they are accused in many more in which there is no malpractice and where they do meet the standard of care.
The type of situation in which psychotherapists most clearly commit malpractice is where the mental health professional enters into a sexual relationship with the patient while the patient is still under their care. Unfortunately this claim is made by patients more times than it is true.
A psychotherapist owes a patient a duty to use reasonable care in the treatment of that patient. When the psychotherapist breaches that duty and acts negligently or intentionally harms that patient, the psychotherapist is liable for damages, which under California law, can be extensive.
A psychotherapist can reduce their chances of being sued for malpractice and reduce the chance of being found liable if they are sued by documenting and exercising good judgment when treating their patients.
Another pitfall for the therapist is where therapists enter into business relationships with former or current patients. The theory behind why such relationships should be avoided at all cost is the unequal bargaining power between the patient and the therapist once a therapeutic relationship has been established.
Using a technique without proper training is also a ripe area for malpractice. It can also be a problem if the psychotherapist has failed to obtain an adequate history, when the psychotherapist has out of office contact with the patient, and when he or she fails to obtain peer consultation.
A malpractice case can be brought against a psychotherapist for violating the standard of care and negligently diagnosing or treating a patient. A psychotherapist must also maintain a boundary with his or her patient. When a psychotherapist breaches that boundary by having a sexual, social, business or personal relationship, hugs a patient for more than a few seconds, or has other physical contact other than a handshake, there can be allegations of malpractice.
If you are a psychotherapist and are under investigation by your state board for complaints and accusations or malpractice suits, speak to a mental health malpractice attorney as soon as possible.
Patients in psychotherapist malpractice cases who are successful can recover damages for past and future medical treatment, past and future wage loss, and pain and suffering both past and future. It is the future medical care of an abused patient that can run into the many hundreds of thousands if not millions of dollars.
If you are a psychotherapist and need legal defense, we have the knowledge and resources to be your Newport Beach Psychotherapist Lawyers, and Palm Desert Psychotherapy Attorneys. For this reason, be sure to hire a California law firm withpsychotherapist defenselawyers who can represent you from Palm Springs, Rancho Cucamonga, Orange County, San Luis Obispo, Laguna Beach, Newport Beach and Huntington Beach, Corona del Mar, Anaheim, Irvine, La Jolla, Santa Barbara, Temecula, Palm Desert, Yorba Linda, Carlsbad, San Diego, Costa Mesa, Westminster, and Murrieta, to Indian Wells and La Quinta.
If you have a psychotherapist, psychotherapy or psychologist legal matter of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website athttp://www.sebastiangibsonlaw.com and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.
Hawaii Homes
The 2008 Presidential Election, the Highest Rated Show in Entertainment Today - a Newport Beach, and San Diego Entertainment Attorney's View
January 21, 2008 by
Filed under National, State, Local |
R. Sebastian Gibson asked:
For a Palm Springs, Los Angeles, San Diego, and Newport Beach and Orange County entertainment lawyer, there has been nothing to compare to the drama of the 2008 election. If nothing else, the entertainment value of this election has been able to keep people’s minds off the economy. Everyone has something to watch for.
Will one candidate improve business conditions in San Diego or Orange County more than the other? Will the Vice Presidential pick be able to swing voters in one industry or another over the other candidate’s vice presidential pick? What new slimy negative attack ad is one candidate using to unfairly tear down the other and divide the county?
If it weren’t for politics right now, there would be nothing to be excited about in the entertainment field. Saturday Night Live ratings have gone through the roof because of one thing, politics. Their spoofs on the election have so much interest that they now have shows on Thursdays and Saturdays.
All the usual suspect celebrities who are usually in the news getting into scraps at night clubs, being arrested, having children, selling baby photos, gaining weight, losing weight, all seem to be behaving themselves.
So as an entertainment attorney, I have to say, thank goodness for politicians. Politics which used to be the stuff of boring discussions and something you would never discuss on a first date, is suddenly the topic of the day. And talk about drama….
The first thing we hear as we get home from work and turn on the TV is that the economy is about to sink into a deep hole and if we don’t give $700 billion on top of the almost $400 billion we’ve already spent on financial institutions, life as we know it will disappear. I would have only imagined such dire consequences before this announcement if aliens were about to invade and we needed $700 billion to build the largest ray gun. But this announcement wasn’t on a remake of War of the Worlds, it was on the news, on CNN, and everywhere.
And then there was the drama of working out the bailout plan. It’s on, it’s off. There’s been a breakthrough. Oops, spoke too soon. The McCain campaign is being suspended. Nope, wrong again. Then the bailout is passed and Europe goes into a tailspin almost as fast as Sarah Palin’s star is fading and John McCain’s campaign is headed for the dumpster. Then the negative campaigning starts in earnest.
Suddenly nobody cares what the greatest box office movies were for the week. Are they even showing movies anymore? This political drama is too good to miss. Besides, who can afford the popcorn and drinks at the movies anymore?
Now people are rushing home to see the latest poll numbers and to see the latest skits on Saturday Night Live. What zingers will the candidates have for each other? Will Sarah Palin be able to answer a question better than her rambling ludicrous answers she gave to Katie Couric? Is Letterman going to keep skewering McCain.
And you have the polls that are like following a horse race. First one candidate is ahead by a nose, and then the other is by a whisker. Then one candidate turns on a burst of speed as the other rushes for the wire.
This beats a close football game by a mile.This election has everything and they say they always save their best ads for the last. Don’t you dare touch that dial. This is entertainment for the ages.
If you have an entertainment law, copyright or trademark issue in San Diego, Newport Beach, Irvine, Orange County, La Jolla, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your Newport Beach Entertainment Lawyer and your San Diego Entertainment Attorney. Be sure to hire a California law firm with entertainment law experiencewho can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Beverly Hills, Malibu, Newport Beach, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented.
If you have an entertainment law, or copyright dispute of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website athttp://www.sebastiangibsonlaw.com and learn how we can assist you.
Hawaii Homes
For a Palm Springs, Los Angeles, San Diego, and Newport Beach and Orange County entertainment lawyer, there has been nothing to compare to the drama of the 2008 election. If nothing else, the entertainment value of this election has been able to keep people’s minds off the economy. Everyone has something to watch for.
Will one candidate improve business conditions in San Diego or Orange County more than the other? Will the Vice Presidential pick be able to swing voters in one industry or another over the other candidate’s vice presidential pick? What new slimy negative attack ad is one candidate using to unfairly tear down the other and divide the county?
If it weren’t for politics right now, there would be nothing to be excited about in the entertainment field. Saturday Night Live ratings have gone through the roof because of one thing, politics. Their spoofs on the election have so much interest that they now have shows on Thursdays and Saturdays.
All the usual suspect celebrities who are usually in the news getting into scraps at night clubs, being arrested, having children, selling baby photos, gaining weight, losing weight, all seem to be behaving themselves.
So as an entertainment attorney, I have to say, thank goodness for politicians. Politics which used to be the stuff of boring discussions and something you would never discuss on a first date, is suddenly the topic of the day. And talk about drama….
The first thing we hear as we get home from work and turn on the TV is that the economy is about to sink into a deep hole and if we don’t give $700 billion on top of the almost $400 billion we’ve already spent on financial institutions, life as we know it will disappear. I would have only imagined such dire consequences before this announcement if aliens were about to invade and we needed $700 billion to build the largest ray gun. But this announcement wasn’t on a remake of War of the Worlds, it was on the news, on CNN, and everywhere.
And then there was the drama of working out the bailout plan. It’s on, it’s off. There’s been a breakthrough. Oops, spoke too soon. The McCain campaign is being suspended. Nope, wrong again. Then the bailout is passed and Europe goes into a tailspin almost as fast as Sarah Palin’s star is fading and John McCain’s campaign is headed for the dumpster. Then the negative campaigning starts in earnest.
Suddenly nobody cares what the greatest box office movies were for the week. Are they even showing movies anymore? This political drama is too good to miss. Besides, who can afford the popcorn and drinks at the movies anymore?
Now people are rushing home to see the latest poll numbers and to see the latest skits on Saturday Night Live. What zingers will the candidates have for each other? Will Sarah Palin be able to answer a question better than her rambling ludicrous answers she gave to Katie Couric? Is Letterman going to keep skewering McCain.
And you have the polls that are like following a horse race. First one candidate is ahead by a nose, and then the other is by a whisker. Then one candidate turns on a burst of speed as the other rushes for the wire.
This beats a close football game by a mile.This election has everything and they say they always save their best ads for the last. Don’t you dare touch that dial. This is entertainment for the ages.
If you have an entertainment law, copyright or trademark issue in San Diego, Newport Beach, Irvine, Orange County, La Jolla, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your Newport Beach Entertainment Lawyer and your San Diego Entertainment Attorney. Be sure to hire a California law firm with entertainment law experiencewho can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Beverly Hills, Malibu, Newport Beach, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented.
If you have an entertainment law, or copyright dispute of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website athttp://www.sebastiangibsonlaw.com and learn how we can assist you.
Hawaii Homes
Palm Springs, Laguna Beach, Newport Beach & San Diego Construction Lawyer Discusses the Building Industry in California
December 8, 2007 by
Filed under National, State, Local |
R. Sebastian Gibson asked:
If you are a general or sub-contractor or are employed in connected with the construction industry and work in any of the hard hit areas of Southern California such as Laguna Beach, Newport Beach, Huntington Beach, Santa Ana, Anaheim, Palm Springs, Riverside, San Bernardino, Fontana, Fullerton, San Diego, Chula Vista, El Cajon, Temecula, Rancho Cucamonga, Ontario, Redlands, Moreno Valley, Palm Springs, Palm Desert, Orange County, Desert Hot Springs, Cathedral City, Fontana, Moreno Valley, Ontario, Rancho Mirage, Indian Wells, Indio, Coachella, Thermal, Yucca Valley, Victorville, Rancho Cucamonga, Corona, Hesperia, Apple Valley, Big Bear, Corona or Joshua Tree, the bad news is there may be worse to come on the horizon.
California’s Construction Industry could be facing a perfect storm of monumental proportions as the credit crunch and delinquent construction and commercial real estate loans threaten to produce even less construction and more construction defect litigation.
It’s being reported with greater frequency, higher and higher rates of delinquency in payments of construction and commercial real estate loans. Now with the credit crisis and bank failures, it is being reported that banks are cutting off credit to builders and more and more contractors are being forced to declare bankruptcy or to go out of business.
As builders and subcontractors cut corners to make a profit on losing propositions, construction defect litigation is almost certain to rise. If the possible scope of this economic crisis comes to fruition, fewer of the contractors and subcontractors responsible for defects may be around to fix the problems.
Liability insurance for builders and contractors in California has already been tight and some contractors have looked at their policies only to complain that despite the higher deductible, they still offer spotty protection.
A spot check of defendants in construction lawsuits filed over the past few years finds a significant percentage of the defendants in such lawsuits may no longer in business. Whether it is the result of such lawsuits or the economic crisis and the housing slump can’t be determined. What can, however, be said, is that homeowners can no longer count on their contractor or subcontractors to be in business when problems are found in the construction of their homes.
While such builders may still have insurance which covers them for their defects, it can be hard for a homeowner’s attorney to find that insurance when the builder is no longer around.When a subcontractor or his insurer is no longer around to stand up for their mistakes, general contractors worry.
In the Coachella Valley, construction spending fell 41.4 percent in the second quarter of 2008 from a year ago. Home prices dropped 22.7 percent. New construction starts are off by 90 percent since the peak of market activity in the third quarter of 2004. Unemployment in the Inland Empire of California was at 9.2 percent in August 2008. The construction industry that at one point employed nearly a third of the Coachella Valley’s work force has seen its jobs cut almost in half.
Contractors who see the economic storm coming are cutting costs, selling the trucks and equipment they no longer need and just trying to hunker down until conditions improve. It is probably wise to cut back as much as they can because at last check, the wind speed of problems for this industry was increasing and as far as anyone can tell, the eye of the storm hasn’t even come close.
If you have construction law issues and need help, whether you are a general contractor, a subcontractor, a homeowner or connected in any manner to the construction industry or the real estate market, we invite you to call us for a consultation.
If you have a construction law, real estate or mortgage issue in Orange County, San Diego, in Riverside, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your California Real Estate Lawyers, and Orange County and San Diego Construction Attorneys. For this reason, be sure to hire a California law firm with real estate and Construction lawyers who can represent you from Palm Springs, Laguna, Newport and Huntington Beach, Corona del Mar, Yorba Linda, Carlsbad, San Diego, Costa Mesa, Westminster, Murrieta, to Chula Vista, and Coachella.
If you have a construction law or real estate legal issue, and need to know your rights, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.
Hawaii Homes
If you are a general or sub-contractor or are employed in connected with the construction industry and work in any of the hard hit areas of Southern California such as Laguna Beach, Newport Beach, Huntington Beach, Santa Ana, Anaheim, Palm Springs, Riverside, San Bernardino, Fontana, Fullerton, San Diego, Chula Vista, El Cajon, Temecula, Rancho Cucamonga, Ontario, Redlands, Moreno Valley, Palm Springs, Palm Desert, Orange County, Desert Hot Springs, Cathedral City, Fontana, Moreno Valley, Ontario, Rancho Mirage, Indian Wells, Indio, Coachella, Thermal, Yucca Valley, Victorville, Rancho Cucamonga, Corona, Hesperia, Apple Valley, Big Bear, Corona or Joshua Tree, the bad news is there may be worse to come on the horizon.
California’s Construction Industry could be facing a perfect storm of monumental proportions as the credit crunch and delinquent construction and commercial real estate loans threaten to produce even less construction and more construction defect litigation.
It’s being reported with greater frequency, higher and higher rates of delinquency in payments of construction and commercial real estate loans. Now with the credit crisis and bank failures, it is being reported that banks are cutting off credit to builders and more and more contractors are being forced to declare bankruptcy or to go out of business.
As builders and subcontractors cut corners to make a profit on losing propositions, construction defect litigation is almost certain to rise. If the possible scope of this economic crisis comes to fruition, fewer of the contractors and subcontractors responsible for defects may be around to fix the problems.
Liability insurance for builders and contractors in California has already been tight and some contractors have looked at their policies only to complain that despite the higher deductible, they still offer spotty protection.
A spot check of defendants in construction lawsuits filed over the past few years finds a significant percentage of the defendants in such lawsuits may no longer in business. Whether it is the result of such lawsuits or the economic crisis and the housing slump can’t be determined. What can, however, be said, is that homeowners can no longer count on their contractor or subcontractors to be in business when problems are found in the construction of their homes.
While such builders may still have insurance which covers them for their defects, it can be hard for a homeowner’s attorney to find that insurance when the builder is no longer around.When a subcontractor or his insurer is no longer around to stand up for their mistakes, general contractors worry.
In the Coachella Valley, construction spending fell 41.4 percent in the second quarter of 2008 from a year ago. Home prices dropped 22.7 percent. New construction starts are off by 90 percent since the peak of market activity in the third quarter of 2004. Unemployment in the Inland Empire of California was at 9.2 percent in August 2008. The construction industry that at one point employed nearly a third of the Coachella Valley’s work force has seen its jobs cut almost in half.
Contractors who see the economic storm coming are cutting costs, selling the trucks and equipment they no longer need and just trying to hunker down until conditions improve. It is probably wise to cut back as much as they can because at last check, the wind speed of problems for this industry was increasing and as far as anyone can tell, the eye of the storm hasn’t even come close.
If you have construction law issues and need help, whether you are a general contractor, a subcontractor, a homeowner or connected in any manner to the construction industry or the real estate market, we invite you to call us for a consultation.
If you have a construction law, real estate or mortgage issue in Orange County, San Diego, in Riverside, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your California Real Estate Lawyers, and Orange County and San Diego Construction Attorneys. For this reason, be sure to hire a California law firm with real estate and Construction lawyers who can represent you from Palm Springs, Laguna, Newport and Huntington Beach, Corona del Mar, Yorba Linda, Carlsbad, San Diego, Costa Mesa, Westminster, Murrieta, to Chula Vista, and Coachella.
If you have a construction law or real estate legal issue, and need to know your rights, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.
Hawaii Homes
A Palm Desert, Irvine, and Newport Beach Business Attorney’s Analysis of Misrepresentation and Fraud in Business Partnerships
November 10, 2007 by
Filed under National, State, Local |
R. Sebastian Gibson asked:
In business, there is fraud from time to time. Unfortunately, we’ve all seen that in the Wall Street financial meltdown as the fraud of major institutions comes to light. As any partnership lawyer knows, if there are any misrepresentations made by any partners when they enter into a partnership, the entire business enterprise can and probably will turn south.
Whether a partnership is formed in Palm Springs, Newport Beach, CA, Orange County, California, Riverside, La Jolla, Carlsbad, San Diego, Anaheim, Irvine, Santa Ana, Orange, Tustin, Rancho Cucamonga, Fullerton, Riverside, Palm Desert, Indian Wells or La Quinta, the partnership must have a solid foundation of trust to survive.
The flurry of partnerships entered into in recent days by financial institutions facing bankruptcy point out the risks of entering into a partnership when one or more of the partners is less than truthful. Given the statements we have heard from financial institutions over the past year touting how fundamentally strong they were, it is easy to imagine boardroom conversations like this one between the Bankafella Trust CEO and the CEO of Bankaramaroo.
“You said you were as financially strong as a bear,” Bankafella’s CEO said.”
Who ever heard of a bear that had any money,” Bankaramaroo’s CEO said. “I said I was strong as a bear. Our bank happens to be as financially weak as a church mouse. Thanks for buying us, by the way.”
“That’s great,” Bankafella’s CEO said. “Just great.”
“What’s to worry,” the Bankaramaroo CEO said. “You’re Bankafella, an American institution. We’re partners now. With our internet banking clients and your assets…”
“What assets are you referring to?” the Bankafella CEO asked.
The Bankaramaroo CEO stuttered as he always did when he became nervous. “But, but your balance sheets, your Profit and Loss statements, all our due diligence…”
“You mean all that due diligence you performed just like we did when we had two days to form a partnership or lose our credit rating?” the Bankafella CEO asked.
“Now what?” the Bankaramaroo CEO asked.
“Bring in the lawyers?”
“We fired ours,” the Bankaramaroo CEO said. “Couldn’t pay them.”
“Ours too,” the Bankafella CEO said.
“Maybe we could find an attorney to sue the accountants on a contingency basis,” the Bankaramaroo CEO said.
Bankafella’s CEO nodded, but without any conviction. “How much money have you got in your vault?”
“The truth?” Bankaramaroo’s CEO asked.
Bankafella’s CEO nodded.
“We could probably scrape up enough for some fast food,” the Bankaramaroo CEO said.
“And Bankafella Trust can probably pay for drinks,” the Bankafella CEO said.
“What have you got in mind?” the Bankaramaroo CEO asked.
“Lets adjourn this meeting and have lunch and drinks,” Bankafella’s CEO said. “I have someone I think we should meet.”
“Who’s that?” the Bankaramaroo CEO asked.
“Our new partner,” the Bankafella CEO said. “The one we need to find that won’t have time to do any due diligence and who actually has some liquid assets.”
If you have a corporate, business, partnership or business fraud dispute in Irvine, Orange County, La Jolla, San Diego, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your Palm Springs Business Lawyer and your Newport Beach Business Attorney. Be sure to hire a California law firm with business, corporate and fraud litigation lawyers who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Newport Beach, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented and get the compensation you deserve.
If you have a business, corporate or fraud litigation dispute of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.
Hawaii Homes
In business, there is fraud from time to time. Unfortunately, we’ve all seen that in the Wall Street financial meltdown as the fraud of major institutions comes to light. As any partnership lawyer knows, if there are any misrepresentations made by any partners when they enter into a partnership, the entire business enterprise can and probably will turn south.
Whether a partnership is formed in Palm Springs, Newport Beach, CA, Orange County, California, Riverside, La Jolla, Carlsbad, San Diego, Anaheim, Irvine, Santa Ana, Orange, Tustin, Rancho Cucamonga, Fullerton, Riverside, Palm Desert, Indian Wells or La Quinta, the partnership must have a solid foundation of trust to survive.
The flurry of partnerships entered into in recent days by financial institutions facing bankruptcy point out the risks of entering into a partnership when one or more of the partners is less than truthful. Given the statements we have heard from financial institutions over the past year touting how fundamentally strong they were, it is easy to imagine boardroom conversations like this one between the Bankafella Trust CEO and the CEO of Bankaramaroo.
“You said you were as financially strong as a bear,” Bankafella’s CEO said.”
Who ever heard of a bear that had any money,” Bankaramaroo’s CEO said. “I said I was strong as a bear. Our bank happens to be as financially weak as a church mouse. Thanks for buying us, by the way.”
“That’s great,” Bankafella’s CEO said. “Just great.”
“What’s to worry,” the Bankaramaroo CEO said. “You’re Bankafella, an American institution. We’re partners now. With our internet banking clients and your assets…”
“What assets are you referring to?” the Bankafella CEO asked.
The Bankaramaroo CEO stuttered as he always did when he became nervous. “But, but your balance sheets, your Profit and Loss statements, all our due diligence…”
“You mean all that due diligence you performed just like we did when we had two days to form a partnership or lose our credit rating?” the Bankafella CEO asked.
“Now what?” the Bankaramaroo CEO asked.
“Bring in the lawyers?”
“We fired ours,” the Bankaramaroo CEO said. “Couldn’t pay them.”
“Ours too,” the Bankafella CEO said.
“Maybe we could find an attorney to sue the accountants on a contingency basis,” the Bankaramaroo CEO said.
Bankafella’s CEO nodded, but without any conviction. “How much money have you got in your vault?”
“The truth?” Bankaramaroo’s CEO asked.
Bankafella’s CEO nodded.
“We could probably scrape up enough for some fast food,” the Bankaramaroo CEO said.
“And Bankafella Trust can probably pay for drinks,” the Bankafella CEO said.
“What have you got in mind?” the Bankaramaroo CEO asked.
“Lets adjourn this meeting and have lunch and drinks,” Bankafella’s CEO said. “I have someone I think we should meet.”
“Who’s that?” the Bankaramaroo CEO asked.
“Our new partner,” the Bankafella CEO said. “The one we need to find that won’t have time to do any due diligence and who actually has some liquid assets.”
If you have a corporate, business, partnership or business fraud dispute in Irvine, Orange County, La Jolla, San Diego, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your Palm Springs Business Lawyer and your Newport Beach Business Attorney. Be sure to hire a California law firm with business, corporate and fraud litigation lawyers who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Newport Beach, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented and get the compensation you deserve.
If you have a business, corporate or fraud litigation dispute of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.
Hawaii Homes
Rancho Santa Fe, Palm Springs and Newport Beach Estate Planning Attorney - Estate Taxes and How to Reduce Them
September 12, 2007 by
Filed under National, State, Local |
R. Sebastian Gibson asked:
If you really want to reduce estate taxes in California, it doesn’t matter whether you live, Mission Valley, La Jolla, Del Mar, Cardiff, Solana Beach, Carlsbad or San Marcos, for instance in San Diego, CA, or Newport Beach, Huntington Beach, Newport Coast, Crystal Cove, Laguna Beach, Irvine, Anaheim Hills, Yorba Linda or Corona del Mar as an example in Orange County, California, Rancho Cucamonga or Ontario in the Inland Empire, or even in Palm Springs, Palm Desert, Rancho Mirage, or La Quinta in the Coachella Valley. Trusts are a useful tool for estate planning lawyers to reduce probate expenses and estate taxes for individuals anywhere in California or the U.S. as long as you have a sizeable estate.
The current estate tax in 2008 affects only people who die with an estate in excess of two million dollars. In 2009, that amount will increase to three and a half million dollars and in 2010, the estate tax is repealed. That’s the good news.
If, however, the estate tax repeal is not extended by 2011, the estate tax will kick in again. The worse news is that in 2011, if the estate tax repeal is not extended, the estate tax will kick in at one million dollars. The current federal estate tax rate is a whopping 47 percent. That stays the same in 2009 but is repealed in 2010.
For married couples, it’s when the second spouse dies, that estate tax can be a problem. When the first spouse dies the property passes to the surviving spouse tax free. Not so, when the second spouse dies.
One of the most important changes in estate planning is what happens to the basis of inherited property. Currently, when you inherit property, your tax basis when you sell that property is the market value of the property on the former owner’s death. The basis for that property is thus stepped-up to the value on the former owner’s death as opposed to the value of the property when the former owner bought the property.
This rule will also end in 2010. From then on, if you inherit property, you can use the stepped-up basis only for the first 1.3 million worth of the property. For any excess value, the basis will be the former owner’s basis or the value on that person’s death, whichever is smaller. Thus, there will need to be estate planning on which assets to take this stepped-up basis.
If you have an estate in excess of $2 million, one of the best ways to avoid estate tax is to give some of your property away now. You can make gifts of $12,000 yearly to any individual you choose, and to as many individuals as you choose. Couples can give twice that amount yearly to any individual. Any gifts you give to your spouse, so long as he or she is an American citizen, are tax-free. If your spouse is not an American citizen, the current tax-free amount on gifts is $12,000. Annual gifts are based on a calendar year.
Estate planning is exactly what the name says, a way to plan your estate so you can cut your estate taxes. However, to make the right moves you have to keep up on the changes in the law, which an estate planning attorney is able to do.
If you have a trust, will, or estate planning issue in San Diego, Newport Beach, Irvine, Orange County, La Jolla, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your Palm Springs Estate Planning Lawyer and your Newport Beach Trust Attorney. Be sure to hire a California law firm with estate planning and trust law experience who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Beverly Hills, Malibu, Newport Beach, Beverly Hills, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented and get the compensation you deserve.
If you have a trust, will, or estate planning issue of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website athttp://www.sebastiangibsonlaw.com and learn how we can assist you.
Hawaii Homes
If you really want to reduce estate taxes in California, it doesn’t matter whether you live, Mission Valley, La Jolla, Del Mar, Cardiff, Solana Beach, Carlsbad or San Marcos, for instance in San Diego, CA, or Newport Beach, Huntington Beach, Newport Coast, Crystal Cove, Laguna Beach, Irvine, Anaheim Hills, Yorba Linda or Corona del Mar as an example in Orange County, California, Rancho Cucamonga or Ontario in the Inland Empire, or even in Palm Springs, Palm Desert, Rancho Mirage, or La Quinta in the Coachella Valley. Trusts are a useful tool for estate planning lawyers to reduce probate expenses and estate taxes for individuals anywhere in California or the U.S. as long as you have a sizeable estate.
The current estate tax in 2008 affects only people who die with an estate in excess of two million dollars. In 2009, that amount will increase to three and a half million dollars and in 2010, the estate tax is repealed. That’s the good news.
If, however, the estate tax repeal is not extended by 2011, the estate tax will kick in again. The worse news is that in 2011, if the estate tax repeal is not extended, the estate tax will kick in at one million dollars. The current federal estate tax rate is a whopping 47 percent. That stays the same in 2009 but is repealed in 2010.
For married couples, it’s when the second spouse dies, that estate tax can be a problem. When the first spouse dies the property passes to the surviving spouse tax free. Not so, when the second spouse dies.
One of the most important changes in estate planning is what happens to the basis of inherited property. Currently, when you inherit property, your tax basis when you sell that property is the market value of the property on the former owner’s death. The basis for that property is thus stepped-up to the value on the former owner’s death as opposed to the value of the property when the former owner bought the property.
This rule will also end in 2010. From then on, if you inherit property, you can use the stepped-up basis only for the first 1.3 million worth of the property. For any excess value, the basis will be the former owner’s basis or the value on that person’s death, whichever is smaller. Thus, there will need to be estate planning on which assets to take this stepped-up basis.
If you have an estate in excess of $2 million, one of the best ways to avoid estate tax is to give some of your property away now. You can make gifts of $12,000 yearly to any individual you choose, and to as many individuals as you choose. Couples can give twice that amount yearly to any individual. Any gifts you give to your spouse, so long as he or she is an American citizen, are tax-free. If your spouse is not an American citizen, the current tax-free amount on gifts is $12,000. Annual gifts are based on a calendar year.
Estate planning is exactly what the name says, a way to plan your estate so you can cut your estate taxes. However, to make the right moves you have to keep up on the changes in the law, which an estate planning attorney is able to do.
If you have a trust, will, or estate planning issue in San Diego, Newport Beach, Irvine, Orange County, La Jolla, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your Palm Springs Estate Planning Lawyer and your Newport Beach Trust Attorney. Be sure to hire a California law firm with estate planning and trust law experience who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Beverly Hills, Malibu, Newport Beach, Beverly Hills, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented and get the compensation you deserve.
If you have a trust, will, or estate planning issue of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website athttp://www.sebastiangibsonlaw.com and learn how we can assist you.
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