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Make a donation to the
Public Law Center to ensure that low income families and those who have nowhere else to turn get a fair shake in our sometimes confusing and complex legal system.
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SAVE THE DATE
Naturalization Fair
9:00 a.m.
March 18, 2017
North Orange County Community College District
in Anaheim
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Greetings,
Every day, PLC gets numerous requests for assistance from low-income individuals around Orange County - and sometimes beyond! Recently we have been seeing a number of cases involving trustees of living trusts and special needs trusts breaching their fiduciary duty. Typically the client is a child, an elderly person or an adult with a disability.
For instance, we have a case available right now involving a child who was injured and who is the beneficiary of a special needs trust. The trustee is allegedly breaching their fiduciary duty, and the father, who is the trust protector, would like to institute an action to replace the trustee of the trust. Assisting this client will mean allowing a young child who has already suffered enough trauma in her life be able to move forward. If you think you might be able to assist this client, reach out to
Staff Attorney Jonathan Gibson for more details.
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Sincerely,
Leigh Ferrin,
Directing Attorney,
Pro Bono Programs
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We Make Pro Bono Easy!
PLC is here to support you in your pro bono representation.
Did you know that PLC staff can:
- Answer questions you may have related to your case;
- Provide a mentor to help you;
- Supply you with samples and manuals in many areas of the law;
- Review documents and pleadings;
- Provide interpretation support in Spanish and Vietnamese;
- Arrange office space for you to meet with your client at PLC; and
- Provide malpractice coverage for your PLC pro bono case
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ADOPTION
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No cases at this time.
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APPEALS
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No cases at this time.
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BENEFITS
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Employment/Benefits (ALAP) - PLC Case No. 17-1037060
Client requests legal and counsel in preparing for an upcoming hearing to appeal a denial of Unemployment Insurance Benefits from the Employment Development Department (EDD). Client strongly believes he was fired unfairly. He now seeks to challenge the ruling set forth by the EDD. Client relied on his employment wages as his only source of income. He is actively seeking a new job, but hopes that he can obtain Unemployment Insurance Benefits in the meantime. Client must currently pay for COBRA to ensure that he keeps his private health insurance, to treat a serious medical condition with which he lives.
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CONSERVATORSHIP
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Conservatorship, PLC 16-1034837
Client us a 44-year-old widow and a monolingual Spanish speaker. She has a 20 year old developmentally disabled son with muscular dystrophy. He has a difficult time communicating with others and gets overwhelmed when faced with having to make decisions about his medical care and treatment. Client seeks assistance with a conservatorship so she can continue to make medical decisions on behalf of her son.
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CONSUMER
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Unfair Sales Practices, PLC 16-1036205
Client is a monolingual Spanish speaker in her early 20s. Client purchased a used vehicle that began presenting several issues two days after purchase. Client believes the salesmen were aware of the vehicle's problems but intentionally failed to disclose these to her. Dealership has refused to make the necessary repairs, arguing that the warranty she purchased does not cover the specific issues. Although the sale took place primarily in Spanish, client was never given a Spanish language contract. Client seeks legal representation to help recover her damages.
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CONTRACTS
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Unfair Sales Practices, PLC 16-1036205
Client is a monolingual Spanish speaker in her early 20s. Client purchased a used vehicle that began presenting several issues two days after purchase. Client believes the salesmen were aware of the vehicle's problems but intentionally failed to disclose these to her. Dealership has refused to make the necessary repairs, arguing that the warranty she purchased does not cover the specific issues. Although the sale took place primarily in Spanish, client was never given a Spanish language contract. Client seeks legal representation to help recover her damages.
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CUSTODY
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No cases at this time.
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DISABILITY RIGHTS
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Illegal Lockout, PLC 17-1036951
Client is a veteran who was renting an apartment with a roommate. Before the lease was set to expire, the landlord issued a three-day notice and locked out Client without going through the court process. Client has not been allowed access to the unit. Client believes the illegal lockout was the result of the landlord discovering that he had a disability. Client would like assistance obtaining his belongings as well as damages for the illegal, discriminatory lockout.
Fair Housing/Discrimination, PLC 16-1036999
A Landlord told Client, a disabled, US Army veteran tenant that he would not provide any special accommodation for Client's disability. Landlord told Client he should move to a new location that is willing and able to meet his special needs. Three weeks later, landlord moved to terminate Client's tenancy. Client is now in the process of defending unlawful detainer lawsuit. Client would like assistance pursuing a discrimination claim against Landlord, through the Department of Fair Employment and Housing and/or the court.
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EMPLOYMENT
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Employment/Benefits (ALAP) - PLC Case No. 17-1037060
Client requests legal and counsel in preparing for an upcoming hearing to appeal a denial of Unemployment Insurance Benefits from the Employment Development Department (EDD). Client strongly believes he was fired unfairly. He now seeks to challenge the ruling set forth by the EDD. Client relied on his employment wages as his only source of income. He is actively seeking a new job, but hopes that he can obtain Unemployment Insurance Benefits in the meantime. Client must currently pay for COBRA to ensure that he keeps his private health insurance, to treat a serious medical condition with which he lives.
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GUARDIANSHIP
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No cases at this time.
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HOMEOWNERSHIP
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Homeownership Fraud, PLC 17E-1037013
Client and his wife were induced to purchase a home with another couple, and the assistance of a real estate agent. Clients invested significant money into the purchase, but for financial reasons were not on title to the home. The other couple is now trying to sell the home, where Clients live, and is denying that Clients are owed anything from the sale. Clients would like to recover the money invested in the home at the very least.
Homeowners Association Lawsuit Defense, PLC 16-1035814
Client is a monolingual Spanish-speaking low-income woman in her 60s who seeks help defending a lawsuit filed against her by her HOA. Client states that the allegations on the complaint are false but has been unsuccessful in resolving the matter on her own. PLC assisted with preparing initial answer. Trial date set for the second half of next year
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IMMIGRATION
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Family Petition, waiver needed, PLC 16-1036253
Client has a chronic illness and needs to bring his spouse to the United States because he needs him for financial support, physical assistance, and emotional support. Client and his spouse were married in the United States in 2013 (when the spouse was undocumented), and then attempted to relocate to El Salvador. Client's medication was too expensive and/or unavailable, so Client returned to the United States. His spouse was unable to return with him due to his undocumented status. The couple has established their relationship for immigration purposes, but needs to request a waiver for the spouse's prior undocumented entry so that he may return to the United States to be with Client. The spouse has no criminal history or arrests.
Asylum, PLC 16-1036863
Client is a 16-year-old boy from Guatemala who seeks assistance in filing for asylum. Client suffered domestic violence in the form of physical abuse from his mother and grandmother while living in Guatemala. Client is currently living with his father in the United States.
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LANDLORD / TENANT
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Illegal Lockout, PLC 17-1036951
Client is a veteran who was renting an apartment with a roommate. Before the lease was set to expire, the landlord issued a three-day notice and locked out Client without going through the court process. Client has not been allowed access to the unit. Client believes the illegal lockout was the result of the landlord discovering that he had a disability. Client would like assistance obtaining his belongings as well as damages for the illegal, discriminatory lockout.
Email Equal Justice Works AmeriCorps Legal Fellow Tessa Riggio
Fair Housing/Discrimination, PLC 16-1036999
A Landlord told Client, a disabled, US Army veteran tenant that he would not provide any special accommodation for Client's disability. Landlord told Client he should move to a new location that is willing and able to meet his special needs. Three weeks later, landlord moved to terminate Client's tenancy. Client is now in the process of defending unlawful detainer lawsuit. Client would like assistance pursuing a discrimination claim against Landlord, through the Department of Fair Employment and Housing and/or the court.
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LITIGATION
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Homeownership Fraud, PLC 17E-1037013
Client and his wife were induced to purchase a home with another couple, and the assistance of a real estate agent. Clients invested significant money into the purchase, but for financial reasons were not on title to the home. The other couple is now trying to sell the home, where Clients live, and is denying that Clients are owed anything from the sale. Clients would like to recover the money invested in the home at the very least.
Federal Civil Rights Litigation, PLC 16-1036455
Client is in his 50s and he has been litigating a civil rights case in the Federal District Court since for the last few years. Client is seeking damages for injuries resulting from inadequate medical care he received while incarcerated. Client is in the process of opposing a Motion for Summary Judgment set to be heard at the end of January 2017. Trial is currently set for early 2017 but the parties believe it will be continued to mid-2017. Client fears he will be unable to oppose the Motion for Summary Judgment or represent himself at trial and seeks assistance so that his case is decided on the merits rather than procedural technicalities.
Homeowners Association Lawsuit Defense, PLC 16-1035814
Client is a monolingual Spanish-speaking low-income woman in her 60s who seeks help defending a lawsuit filed against her by her HOA. Client states that the allegations on the complaint are false but has been unsuccessful in resolving the matter on her own. PLC assisted with preparing initial answer. Trial date set for the second half of next year
Restitution Collection, PLC 16-103TBD
Client was the victim of a foreclosure rescue scam that cost Client thousands of dollars. The perpetrator was prosecuted by the Orange County District Attorney, was placed on probation and had a restitution order entered against her. The perpetrator paid about one third of the restitution order while on probation. Now that the perpetrator is off probation, Client seeks to convert the restitution order to a civil judgment and collect from the perpetrator's assets.
Email DIrecting Attorney Leigh Ferrin
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NONPROFIT
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Nonprofit (Education) - Programs, 16-1036294
Client is an existing 501(c)(3) nonprofit organization whose mission is to support students through enrichment of academics, arts and athletics. Client wishes to establish a scholarship program for students and seeks legal advice and guidance with creating a scholarship trust to hold funds. Client's deadline to establish the program is May 2017.
Nonprofit (Family Support) - Contracts, 17-1037055
Client is an existing 501(c)(3) nonprofit organization whose mission is to support and assist low income single parents achieve economic independence through education and personal development. Client is entering into a partnership with another nonprofit organization, and seeks legal assistance with drafting a Memorandum of Understanding.
Nonprofit (Sobriety Support) - Social Enterprise/Taxation, 17-1037056
Client is a new 501(c)(3) nonprofit organization whose mission is to support men and women, and veterans in particular, who have struggled with substance abuse. As a way of raising funds, client intends to sell logo merchandise on its website. Client seeks legal advice and guidance on how to structure the sales to maintain its nonprofit status. Client also seeks assistance with obtaining a seller's permit from the CA Board of Equalization.
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SMALL BUSINESS
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Small Business (Automotive) - Litigation/Negotiation, PLC 16-1036151
The client is a low-income Orange County resident who leases a storefront for his automotive business. A local government agency exercised its power of eminent domain to acquire a construction easement over the parking lot next to the business. Client claims that his business has suffered as a result of the construction, specifically due to obstruction to the entrance and street closures. Client's actual losses greatly exceed the amount originally offered by the agency for anticipated losses. Client seeks legal assistance with determining his options for additional relief.
Email Senior Lead Staff Attorney Sarah Efthymiou
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VETERANS
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VA Benefits - Service-Connected Compensation, PLC 16-1036705
Client is a 60 year old veteran who underwent surgery at a VA medical facility. As a result of the surgery, Client had to have many more surgeries and was hospitalized for an extensive period of time. Client still has difficulties walking. Client seeks assistance with a 38 U.S.C. 1151 claim which allows recovery of VA service-connected compensation when a disability results from care at a VA medical facility.
Illegal Lockout, PLC 17-1036951
Client is a veteran who was renting an apartment with a roommate. Before the lease was set to expire, the landlord issued a three-day notice and locked out Client without going through the court process. Client has not been allowed access to the unit. Client believes the illegal lockout was the result of the landlord discovering that he had a disability. Client would like assistance obtaining his belongings as well as damages for the illegal, discriminatory lockout.
Fair Housing/Discrimination, PLC 16-1036999
A Landlord told Client, a disabled, US Army veteran tenant that he would not provide any special accommodation for Client's disability. Landlord told Client he should move to a new location that is willing and able to meet his special needs. Three weeks later, landlord moved to terminate Client's tenancy. Client is now in the process of defending unlawful detainer lawsuit. Client would like assistance pursuing a discrimination claim against Landlord, through the Department of Fair Employment and Housing and/or the court.
Discharge Upgrade, PLC 17E-1036968
Client is a 58 year old veteran with an "Other Than Honorable" discharge, seeking a discharge upgrade. Client was stationed in Korea when he developed a drug problem. Client was never offered assistance or any rehabilitation, which is against current military policy. Client has been sober for over 20 years and is active in AA and other drug and alcohol programs.
Email Equal Justice Works AmeriCorps Legal Fellow Tessa Riggio
Discharge Upgrade, PLC 16-1035025
Client is in his 50s and served in the Marine Corps in the 1980s. The client was discharged with a General under Honorable conditions due to failure to complete alcohol abuse rehabilitation. Client believes this was an unfair classification. Client has had a positive post-service history and a successful career. Client would like assistance applying for a discharge upgrade from the Board for Correction of Naval Records.
Discharge Upgrade, PLC 16-1035337
Client served in the Navy in the late 1980s. He was discharged with an Other than Honorable due to drug abuse. Client found the wrong crowd when he was in the military and when he agreed to his discharge, he did not understand the consequences of declining rehabilitation. After his discharge, he attended school and entered rehabilitation. He has maintained steady employment for over twenty years. Client would like assistance applying to the Board for Correction of Naval Records for a discharge upgrade.
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WILLS & ESTATES
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Living Trust, PLC 16-1035782
Client is a 58-year old low income father of three adult children, one of whom is disabled. Client and his wife executed wills several years ago and, now that their children are adults, they wish to create a living trust. Client seeks legal assistance with creating the trust.
Appointment of New Trustee, PLC 16-1035810
Client is the father of a young child who is permanently mentally and physically disabled as a result of medical negligence. As a result of her injuries, Client's daughter obtained a large medical malpractice settlement, which is now part of a special needs trust. The trustee is a professional fiduciary and the client is the "Trust Protector" with the power to appoint a new trustee with court approval. The trustee has continually refused to release funds for items which Client feels are necessary for his daughter's care. Client seeks assistance filing with the court to appoint a new trustee.
Irrevocable Trust, PLC 13-1026659
Client is a 64 year old widow who owns her home and some restaurant equipment. She would like to create an irrevocable trust of all of her property with her children as beneficiaries. Client is a monolingual Spanish speaker.
Will, PLC 16-1035355
Client is in her late 60s. She owns no real property, but owns an interest in a non-profit co-op where she lives. Client wishes to create a simple will to split her personal property between her daughters.
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Public Law Center
601 Civic Center Drive West,
Santa Ana, CA 92701
(714) 541-1010
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