Bullying should not be "a normal part of growing up" or "that is what kids do." Research has shown that there are severe long-term consequences for both the targets and the bullies. Further, severe reactions to bullying have been cited as one of the causes of the extremely violent incidents on school campuses that have received so much media attention in recent years.
Bullying is a form of violence. It can be physical, verbal, psychological, or sexual. Here are some examples of bullying:
Physical: hitting, kicking, spitting, pushing
Verbal: teasing, threatening, name-calling
Psychological: excluding someone, spreading rumors, intimidating
Sexual: touching, assault, exhibitionism, and many of the actions listed above
Bullying may also occur through the Internet or other forms of technology. This is known as cyber-bullying. It is sending or posting hurtful material. Bullying is common, but it should not be viewed as a normal part of growing up. It is more damaging to children than previously thought. Bullying has a negative effect on a student’s ability to learn.
Schools are responsible for creating safe environments for all students. They must work to prevent bullying, and they must respond to it when it happens. Not all cases of bullying develop into cases where litigation is appropriate, and many school districts handle bullying appropriately.
However, some school districts lose sight of the victim in the bullying case and are more concerned with the privacy rights of the bully or the teacher. This can be frustrating and there many administrative avenues that parents can pursue to advocate for their kid. In the cases where administrative remedies are inadequate, and the bullying is negatively affecting your child, litigation may be appropriate to change the environment.
Education is a wonderful thing and we want to help your child feel safe at school and enjoy school. Please CALL or CONTACT US to see what we can do help your kid if they are a victim of bullying.
In California, sellers must provide a Transfer Disclosure Statement (TDS) to any potential buyer whose offer has been accepted. Under California law, Sellers of residential property are required to make certain disclosures to Buyers. These disclosures generally fall into one of two categories: (1) physical defects in the features, fixtures or appliances of the residence; and (2) structural or site hazards, environmental hazards, or noncompliance with building codes and permits. The laws governing these required disclosures are found at California Civil Code §1102 et seq.
Per Civil Code §1102.13, “any person who willfully or negligently violates or fails to perform any duty prescribed by any provision of this article shall be liable in the amount of actual damages suffered by a transferee.” Thus, any Seller who fails to make a required disclosure is liable for the actual amount in monetary damages caused to the Buyer.
Having established that a Seller fraudulently failed to make a required disclosure, what remedies are available to the wronged Buyer?
Buyer's remedies generally include:
AB 1289 effective January 01, 2019 updated many terms and made some significant changes in California Disclosure laws.
Finally, there is a finite time to commence action against someone who breached their duties in a real property transactions. Contact us to find how we can get you through your disclosure dispute and on with your life. Call 916-631-1540.
By law, certain individuals must be involved in writing a child's Individualized Education Program. Some IEP team members may fill more than one of the team positions if properly qualified and designated. For example, the school system representative may also be the person who can interpret the child's evaluation results.
These team members must work together as a team to write the child's IEP. Each team member brings important information to the IEP meeting. Members share their information and work together to write the child's Individualized Education Program. Each person's information adds to the team's understanding of the child and what services the child needs.
Parents are key members of the IEP team. They know their child very well and can talk about their child's strengths and needs as well as their ideas for enhancing their child's education. They can offer insight into how their child learns, what his or her interests are, and other aspects of the child that only a parent can know. They can listen to what the other team members think their child needs to work on at school and share their suggestions. They can also report on whether the skills the child is learning at school are being used at home.
No team member is any more important than the other. I often hear stories and see that the parents feel outmatched and intimidated at IEP meetings. Often the school lines up on one side of the table and the parents on the other. This is not the way an IEP meeting should feel it is a team effort equally between everyone in the room.
If you are not being recognized as a team member or the IEP team is just talk at you rather than with you give us a call and we will help you be involved in your child’s education.
Lawyer Magazine featured attorney Brandon Erickson as a featured patriot on the Sacramento County Bar Association’s website.
In 1999, Erickson enlisted in the Army and then deployed to Iraq four years later for Operation Iraqi Freedom. After being seriously wounded in combat, he received the Purple Heart and Bronze Star with the “V” device for valor in combat.
After completing rehabilitation for his injuries, Erickson realized that he needed to take advantage of this second chance he was given at life. Through supporting various veterans causes and non-profit organizations, Erickson used his platform to speak on the unique issues that wounded veterans face, and how everyday Americans shouldn’t take their lives for granted. These veteran commitments included Operation Rebound, a non-profit that brings injured veterans back to a healthy and functioning lifestyle. He is also the chair of a scholarship committee for high school students who write essays on the importance of patriotism.
After being a Deputy District Attorney in El Dorado County, Erickson decided to open his own law firm, Erickson Law Offices P.C. in Gold River, California.
To read the full feature, visit SCBA’s patriot page here.