Archive for the ‘Legal’ Category

CA Attorney General Bonta reminds illegal immigrants of their legal rights, protections

Thursday, December 19th, 2024
Source: Office of CA Attorney General Rob Bonta

Hosts first of a series of regional convenings with immigrant rights groups, elected officials, and others ahead of Inauguration Day 

LOS ANGELES – California Attorney General Rob Bonta on Tuesday, Dec. 17, 2024, issued two guidances to help California immigrants better understand their rights and protections under the law and avoid immigration scams by those seeking to take advantage of fear and uncertainty resulting from the President-elect’s inhumane threats of mass detention, arrests, and deportation. The guidances build on the Attorney General’s announcement earlier this month of updated model policies and recommendations to help public institutions like schools, hospitals, and courts comply with California law limiting state and local participation in immigration enforcement activities. Over the coming weeks, Attorney General Bonta will continue to help Californians prepare for changes to federal immigration policy in convenings with immigrant rights groups, elected officials, and others in Los Angeles, Sacramento, Salinas, San Francisco, and San Diego, where the Attorney General and California Department of Justice (CADOJ) staff will share resources, hear concerns, and discuss ongoing efforts to protect California’s immigrant communities.  

“In California, we know that our immigrants are the backbone of our communities, a driving force behind our economy, and an essential part of our history as a state,” said Bonta. “With the President-elect making clear his intent to move forward an inhumane and destructive immigration agenda once he takes office, CADOJ is releasing new and updated guidance to help immigrants understand their rights under the law. In California, we will ensure that the rights of our immigrant communities are respected and protected. I will be convening a series of discussions in the weeks ahead – the first here today in Los Angeles – focused on this essential mission.”

Know Your Immigration Rights and Protections Under the Law 

  • You have the right to apply for and secure housing without sharing your immigration status. California law prohibits housing providers from asking about your immigration status unless you are applying for affordable housing funded by the federal government. Additionally, housing providers cannot harass or intimidate you by threatening or sharing information about your immigration status to ICE, law enforcement, or other government agencies.
  • You have the right to access emergency medical care. Federal laws and regulations ensure the rights of all people to access emergency medical care, including undocumented immigrants.
  • You have the right to an attorney. If you are arrested by police, you have the right to a government-appointed attorney. If you are detained by ICE and/or are facing immigration proceedings, you have the right to seek legal assistance through an attorney. 
  • State and local law enforcement cannot ask for your immigration status. California law expressly prohibits law enforcement from inquiring about a person’s immigration status for immigration enforcement purposes. 
  • State and local law enforcement cannot share your personal information. This includes sharing your home or work address for immigration purposes, unless that information is available to the public or unless that information involves previous criminal arrest, convictions or similar criminal history.
  • State and local law enforcement cannot assist ICE with immigration enforcement, with very limited exceptions. This means they cannot investigate, cannot interrogate, cannot arrest, and cannot detain you unless it is as part of joint federal task force where the primary purpose is not immigration enforcement.

The full “Know Your Immigration Rights” consumer alert is available in EnglishSpanishChineseKoreanTagalog, and Vietnamese at oag.ca.gov/immigrant/resources.

Protect Yourself from Immigration Scams

If you need help applying for immigration relief, be careful who you hire. Watch out for immigration scams that can cost you thousands of dollars and/or harm your immigration status! Here are some tips and resources to help: 

  • Go to a legitimate legal aid organization for free legal help. Many nonprofit organizations provide free immigration help to low-income individuals, such as those found through the resources below. To find a legal aid organization near you, go to lawhelpca.org
  • Keep your original documents in a safe place. Don’t give your original documents to anyone unless you see proof that the government requires the original document. If you give someone an original, they may lose it or refuse to return it unless you pay them.
  • Do not hire an immigration consultant or a notary. Only lawyers, accredited representatives, and recognized organizations can give you legal advice or represent you in immigration court. Immigration consultants – who may call themselves immigration experts, notarios, notaries public, or paralegals – cannot do so.
  • Do not give money or personal information to anyone who calls, texts, or emails you claiming that there is a problem with your immigration matter. No federal or state agency, including USCIS, will ever ask for your personal information or payment over the phone, by email, or text.

For more dos and don’ts, see the full “Immigration Services Fraud” consumer alert available in EnglishSpanishChinese (Simplified)KoreanTagalog, and Vietnamese at oag.ca.gov/immigrant/resources.

Access Free and Low-Cost Legal Assistance 

Visit Law Help CA or Immigration Law Help to find immigration assistance near you.

File a Complaint  

If you believe your rights have been violated, report it to the California Department of Justice at oag.ca.gov/report

If you believe you were subject to discrimination, harassment or retaliation, report it to the California Civil Rights Department at calcivilrights.ca.gov/complaintprocess/.

More lame duck actions: Antioch council to consider major issues, response to Grand Jury report again

Monday, November 25th, 2024

Including hiring search firm for police chief recruitment, giving authority to Planning Commission to approve tentative maps, commission appointments

Also, Climate Action and Resilience Plan, lawsuit by Antioch Police Officers Association

By Allen D. Payton

Just two weeks before a new council majority is seated, with Antioch’s new mayor and two members to be sworn in, defeated Mayor Lamar Hernández-Thorpe has placed a variety of major issues on the agenda for the current council to decide during their “lame duck” meeting on Tuesday, Nov. 26, 2024. A lame duck government meeting occurs whenever an elected board meets after its successors are elected.

Prior to the regular session at 7:00 p.m., the council will hold a Closed Session beginning at 6:00 p.m. to discuss a significant exposure to anticipated litigation and two lawsuits, one by the mother of a man who died following interactions with police and one by the Antioch Police Officers Association.

The one issue that is the responsibility of the current council is their response to the scathing report from the Civil Grand Jury, from earlier this year. But the other major issues the current mayor has placed on the agenda include hiring a search firm for recruiting a permanent police chief, giving authority to the Planning Commission to approve tentative maps, appointments of two members to the Planning Commission, one to the Parks and Recreation Commission and two to the Police Oversight Commission, all of which could be left to the new mayor and council majority to decide.

The council will also consider giving a city-owned parcel on E. 18th Street to Con Fire for a new station, directing city staff to discuss with the county the use of a 4.7-acre city-owned lot on Delta Fair Blvd. for homeless shelter, and adopting a Climate Action and Resilience Plan.

The council will also consider under item #15 potential upgrades to the Antioch Amtrak Station to help keep it from being closed or decommissioned in the next two to three years as is the current approved plan of the San Joaquins Joint Powers Authority which oversees the Amtrak service in and through Antioch. Finally, under item #15, the council will consider allocating $60,000 for a Chinese Commemoration Public Art Project in the area of Rivertown which was the City’s Chinatown in the 1800’s.

Organizational chart of how the general law City of Antioch is supposed to operate as pointed out in the Grand Jury report.

Response to Grand Jury Report

Under agenda item #1, carried over twice from previous meetings, the council will consider, “Approving an addendum to specific Findings and Recommendations identified in the Grand Jury Noncompliance letters dated October 3, 2024 in response to the Findings and Recommendations resulting from the 2023-2024 Contra Costa County Civil Grand Jury report of June 12, 2024 entitled: “Challenges Facing the City of Antioch” Addendum; and 2) Authorizing the Mayor to sign and submit it to the Contra Costa County Civil Grand Jury.”

Hiring Search Firm for Police Chief Recruitment

Under the Consent Calendar item #6L, the council will consider hiring executive search firm Bob Hall & Associates to recruit a permanent police chief. According to the city staff report, in September, the City issued a Request for Qualifications to attract qualified recruitment firms capable of conducting a nationwide search. The Human Resources Department contacted 29 firms and of those contacted, seven firms submitted applications.

On Oct. 31st, City staff and a representative from the Antioch Police Oversight Commission evaluated and ranked the applications based on the firms’ experience, proposed recruitment strategies, cost effectiveness, commitment to diversity and ability to meet the City’s timeline and goals. Two firms were identified as the closest matches to the criteria and were interviewed, during which they outlined “their strategies and processes for engaging the community and fostering trust between the Police Department and community members.” Bob Hall & Associates was ranked the highest and selected.

The Huntington Beach-based firm’s most recent police chief recruitment effort was in the City of Vallejo. According to the company’s LinkedIn profile, it’s founder and namesake, Bob Hall, passed away “on July 12, 2024, after a 5-month battle with cancer.”

UPDATE: Interim Chief Brian Addington said he was part of the decision-making process in selecting the firm and that it was Commission Chairperson Porsche Taylor as the member who participated, as well. He said he feels very confident in the search firm and that both finalists had the needed experience.

In addition, Rachel Hall, the firm’s Recruitment Manager, shared, “Bob Hall & Associates was founded in 2019 and we will be dedicating a specialized team to the Antioch Police Chief recruitment.”

Allowing Planning Commission Approval of Tentative Maps

According to the city staff report for agenda item #7, “In order to streamline Antioch’s development review process and make it more consistent with neighboring jurisdictions and the goals of the Housing Element, this proposed ordinance (“Ordinance”) amends AMC (Antioch Municipal Code) Title 9, Chapter 4, Articles 1 and 3 to assign the Planning Commission the sole authority to approve Tentative Maps as the Advisory Agency in compliance with the Subdivision Map Act, while designating the City Council to act as the Appeals Board for Tentative Map decisions and to continue approving Final Maps.”

Meeting Information

The regular meeting begins at 7:00 p.m. in the Council Chambers at City Hall, 200 H Street in historic, downtown Rivertown. The meeting can also be seen via livestream on the City’s website or viewed on either Comcast local cable channel 24 or AT&T U-verse channel 99. See the complete agenda packet.

See separate article about the City’s Climate Action and Resilience Plan. An effort to reach Mike Rains, the attorney for the Antioch Police Officers Association for more details about their lawsuit was also unsuccessful prior to publication time.

Please check back later for any updates to this report.

Letters: Attorney says Contra Costa Superior Court filing process too slow

Wednesday, November 20th, 2024

Dear Editor: 

It typically takes over a month for the Contra Costa Superior Court to process filings in limited civil cases. In fact, more like 6 weeks. 

This compares badly with other superior courts throughout the state.

In San Diego Superior, for example, I’ve had papers processed within hours. In Marin County Superior Court, I’ve had papers processed within 1 or 2 days. 

This is a real problem because justice delayed is justice denied. 

This is a ridiculously long time when it only takes a few minutes to do the processing.

Yes, I understand that they have a lot of filings to process…but with a lot of filing don’t they also have a lot of taxpayer funding commensurate with the size of the population of the county? 

So why is Contra Costa so much slower than other counties? 

Sincerely,

Edward Teyssier, esq.

National City

Civil rights lawsuit filed against City of Antioch, Antioch Police, Child Protective Services claims neglect led to 2022 toddler’s beating death

Wednesday, August 21st, 2024

Attorney says agencies “utterly failed in their duties” to protect 18-month-old girl abused by parents also named in suit

Antioch childcare facility, Pittsburg pediatrician also named

CONTENT WARNING: Information included may be disturbing to some individuals

San Francisco, August 20, 2024 — A federal civil rights lawsuit was filed in the beating death of an 18-month-old child in Antioch, alleging that a litany of individuals and agencies charged with protecting the tiny girl utterly failed in their duties and led directly to her death as the result of trauma inflicted by her biological parents.

The case, filed last week in Federal District Court on behalf of the two older siblings of the toddler, names the following defendants as negligently responsible for her horrific death: the City of Antioch, Antioch Police Department, Contra Costa Child Protective Services, Contra Costa County Regional Health Foundation, and a childcare facility, The Learning Center (actually named, The Learning Experience – see below), as well as the toddler’s biological parents, Jessika Fulcher and Worren Young, Sr.

The child was removed from her parent’s custody within weeks of her birth in February 2021 because she was in danger of neglect and abuse. Yet, over the next 16 months, the very people and institutions who were supposed to protect the toddler and her siblings failed to report obvious signs of abuse and/or failed to take action to prevent further trauma to the girl.

The child died August 26, 2022, from trauma so severe that it severed her pancreas and caused bleeding in her brain, according to doctors and the lawsuit.

The lawsuit seeks unspecified monetary damages, including punitive damages against the agencies and individuals named as responsible in the legal action.

“This child–who was still learning to walk–was brutally tortured and died a horrific death, all because the entire system that was supposed to protect her failed this innocent 18-month-old child,” said Brett Schreiber, attorney for the plaintiffs and partner at Singleton Schreiber law firm. “While her parents committed the physical abuse that killed her, their abuse was entirely enabled and abetted by social workers, police, hospitals and day care centers who should have stopped them.”

A juvenile court judge removed the toddler from the custody of her parents in March 2021, shortly after her birth.  When the child was born, both she and her mother had methamphetamines in their systems. In addition, both parents had outstanding warrants in Georgia. The children were placed in foster care.

Within weeks of the judge’s decision, however, Contra Costa County Child Protective Services (CPS) began a process intended to lead to reuniting the children with the parents, beginning with a “case plan” requiring close supervision of the parents. The case plan required the parents to submit to regular drug testing. The suit alleges that they missed half these mandated tests and failed many that they took.

A doctor at Pittsburg Health Center further noted injuries on the toddler, but neither the doctor nor the hospital notified CPS, and CPS never requested the hospital’s records.

Nonetheless, CPS soon allowed overnight visitations for the children with the parents, and by September 2021 enabled the parents to regain custody by concealing these and other facts from the judge.

The toddler returned to a household in turmoil, with Antioch police visiting the home at least three times in 2022. Yet the children remained in the home and no referral to CPS was made, even though the father was finally arrested for domestic violence and battery. The child’s daycare center, The Learning Center in Antioch, also alerted the mother regarding significant bruising on the toddler yet failed to make a mandated referral to CPS.

On August 25, 2022, Antioch Police Department officers and paramedics were called to the child’s home by her mother who reported that the girl was having trouble breathing. The girl was rushed to the hospital where doctors discovered she was the victim of severe, intentional injuries.

Her parents left the hospital during the night saying they were going out to smoke, but never returned. The girl died the following morning; a juvenile court hearing in April 2023 concluded that one or both parents were responsible for the fatal injuries.

“This was a complete dereliction of duty that resulted in the death of one young child and the lifelong loss and trauma for two others,” Schreiber said. “On behalf of those siblings, we are asking the court not only to compensate them for the life-long emotional scarring they will suffer, but also to punish those who failed to prevent this horrible tragedy so that it never happens again.”

Antioch City Attorney Thomas L. Smith and Interim Antioch Police Chief Brian Addington were asked on Tuesday afternoon if they had any comment about the lawsuit. Addington was also asked if lawsuits naming the police department are received by the chief or if they are handled by the city attorney’s office. Neither responded by publication time Wednesday evening.

Asked if the County had any comment on the lawsuit, Tish Gallegos, Community Relations and Media for the Contra Costa County Employment & Human Services Department responded, “The County has not been served with the lawsuit, therefore has no comment at this time.”

Asked whom at the County was served with the lawsuit, Sam Singer, of Singer Associates Public Relations representing Singleton Schreiber said, “I know the lawsuit was filed but it may not have been served, yet.”

The press release shows the case is O.Y., W.Y., and A.Y. v. County of Contra Costa, City of Antioch, Jessika Fulcher, Worren Young, Sr., Colleen Sullivan, Flynne Lewis, Contra Costa Regional Health Foundation, The Learning Center, Raji Ponnaluri, and Does 1 through 50filed in U.S. District Court for the Northern District of California.

Correction, Details Provided on Named Parties

However, the name of the business is actually, The Learning Experience.

Provided with that information and asked how Sullivan, Lewis and Ponnaluri are related to the lawsuit, Singer shared details from the lawsuit, including: “over the next year, from March 2021 to April 2022, during the pendency of the dependency action, CPS workers—Defendants in this action— abysmally failed to protect O.Y. and W.Y. Defendants Colleen Sullivan and Does 1-10, CPS employees, repeatedly misled and deceived the juvenile court. They represented that Defendant Parents were complying with the court’s orders documented in a ‘case plan,’ when, in fact, Defendant Parents were violating the terms of the case plan.”

Singer also shared, “defendant Flynne Lewis was a pediatrician practicing medicine at the Pittsburg Health Center who was responsible for the health, safety, and welfare of Decedent O.Y. and Plaintiff W.Y. Defendant Lewis and staff working at the Pittsburg Health Center noted and documented signs of abuse and neglect of O.Y., but failed to report such information to CPS or any law enforcement agency.”

Finally, Singer provided details about the correct name for the business and its owner which reads, “At all relevant times, Defendant The Learning Experience was a daycare center located at 4831 Lone Tree Way, Antioch, CA 94531 which was owned and operated by Defendant Raji Ponnaluri.”

Singleton Schreiberis a client-centered law firm, specializing in mass torts/multi-district litigation, fire litigation, personal injury/wrongful death, civil rights, environmental law, and sexual abuse/trafficking. Over the last decade, the firm has recovered more than $2.5 billion for clients who have been harmed and sought justice. The firm also has the largest fire litigation practice in the country, having represented over 26,000 victims of wildfire, most notably serving plaintiffs in litigation related to the 2023 Maui wildfires, the Colorado Marshall wildfire, the Washington Gray wildfire, and others.

Allen D. Payton contributed to this report.

CA Attorney General announces settlement agreement with Rite Aid Corporation to continue providing pharmacy services statewide

Tuesday, August 20th, 2024

Company agrees to conditions resolving competitive impacts related to changes in ownership involving retail pharmacy outlets

OAKLAND — California Attorney General Rob Bonta today announced a settlement with Rite Aid Corporation (Rite Aid) operating as an injunction to enable him to review changes of ownership involving their retail pharmacy outlets statewide. Additionally, the settlement includes injunctive conditions that resolve competition-related concerns to ensure remaining Rite Aid pharmacies provide necessary medication and healthcare services to Californians, specifically those who may rely on Medi-Cal and Medicare, and protect workers at stores that are sold or closed. Today’s settlement reflects the Attorney General’s efforts to prevent the continued growth of pharmacy deserts, which disproportionately impact low-income individuals, the elderly, and people of color, all of whom are also patients of Rite Aid. The settlement was reached under Assembly Bill (AB) 853.

“Pharmacies are often the most accessible healthcare providers, offering vital services for the well-being of individuals and families. Without them in our communities, Californians could face significant barriers in managing chronic conditions, receiving timely medications, and accessing preventative care,” said Attorney General Bonta. “Today, with AB 853 and conditions set by my office, Californians who rely on Rite Aid pharmacies can continue accessing their medications and essential healthcare services they need to live healthy and fulfilling lives.”

Rite Aid filed for Chapter 11 bankruptcy and began closing nearly 550 stores nationwide since October 2023. California experienced the closure of more than 100 stores statewide; however, approximately 71% of all stores in California have remained open throughout the bankruptcy and with one exception in San Diego, there were two or more competitive alternatives close by for the closed stores. This June, Rite Aid’s bankruptcy restructuring plan was approved by the United States Bankruptcy Court for the District of New Jersey, which turns over control of the company to a group of its lenders.

Under the settlement and AB 853, Rite Aid agrees to the following conditions for the next five years:

  • Use commercially reasonable efforts to maintain the remaining Rite Aid stores, as well as all required licenses.
  • Provide 90-day notice of sale or closure of remaining Rite Aid stores.
  • Continue participation in Medi-Cal and Medicare if commercially reasonable.
  • Provide financial assistance to patients if commercially reasonable to do so.
  • Continue free delivery services to patients who were receiving these services from a closed store in San Diego.
  • Ensure compliance with state staffing levels.
  • Maintain hiring list for all employees from stores that close going forward for preferential hiring at other Rite-Aid stores.
  • Use commercially reasonable efforts to pay retirement contributions if collective bargaining agreements require such payments.
  • Use commercially reasonable efforts to abstain from contesting unemployment for individuals who are laid off as a result of the sale or closure of Rite Aid stores if no nearby Rite Aid store offers employment.
  • Comply with nondiscrimination rules in the provision of healthcare services and to commercially reasonable efforts to provide financial assistance to patients.

The California Department of Justice’s Healthcare Rights and Access Section (HRA) works proactively to increase and protect the affordability, accessibility, and quality of healthcare in California. HRA’s attorneys monitor and contribute to various areas of the Attorney General’s healthcare work, including nonprofit healthcare transactions; consumer rights; anticompetitive consolidation in the healthcare market; anticompetitive drug pricing; privacy issues; civil rights, such as reproductive rights and LGBTQ healthcare-related rights; and public health work on tobacco, e-cigarettes, and other products.

A copy of the settlement can be found here.

Legal Notice: Trustee seeks Donald Sanders, Jr.

Friday, August 16th, 2024
Paid Legal Notice

Contra Costa Senior Legal Services Summer Soirée & Symposium fundraiser Aug. 22

Saturday, August 10th, 2024

By Anna Mickelsen, Communications Intern, Contra Costa Senior Legal Services

On Thursday, August 22nd, community members across the county will gather for the non-profit Contra Costa Senior Legal Services’ (CCSLS) Summer Soirée & Symposium. For more than 40 years, CCSLS has served older adults by providing free legal aid to those aged 60+ who need it. Attorneys from CCSLS help fight evictions to preserve housing, prevent elder abuse, remedy fraud, assist with advance planning documents, and more.

Source: CC Senior Legal Services

The Summer Soirée & Symposium is not only an opportunity to support the organization, but also will feature a panel discussion on the implications of an aging society, lively entertainment, and delicious refreshments. CCSLS also will present the Honorable Virginia George with the First Annual Elder Justice Award. A Bay Area native, Justice George is an upstanding figure in the community, and a powerful voice for Elder Law and the rights of older adults in Contra Costa County. The Elder Justice Award was created to honor Justice George and her service.

Moving forward, CCSLS will continue to present the Virginia George Elder Justice Award to other professionals who work tirelessly to support the well-being of older adults in the county. Tickets are still available for those interested in attending this upcoming event, and for more information or to purchase a ticket, click, here Summer Soirée and Symposium 2024. All proceeds support CCSLS.

About CCSLS

Contra Costa Senior Legal Services (CCSLS) is a private, nonprofit agency that has been providing free legal services to older residents aged 60 or older in the County since 1976. Thousands of seniors have benefited from these services which have enabled them to stay in their homes, to become eligible for and to retain public benefits, to recover real and personal property wrongly taken from them, and to obtain relief from physical, financial, and emotional abuse.

CCSLS seeks to provide the broadest possible access to its services. It prioritizes those areas of law relevant to the needs of older residents of the County, especially those not otherwise addressed by other legal services programs. CCSLS regularly provides individual assistance to over 1,000 clients per year and provides outreach and training to hundreds more.

Alwell Pleasant Hill Apartments Below Market Rate Rental Program Lottery

Tuesday, July 30th, 2024

UPDATE: Pre-Application Deadline Monday, August 12

Paid advertisement

Please find pre-application at Alwell BMR Program – Preliminary Application Download.pdf.