Sound Advice. Effective Representation. Exceptional Results.
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WHAT YOU NEED TO KNOW ABOUT "SERVICE" ANIMALS
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So you want to take your “emotional support” peacock on the plane with you when you fly. Can you? What is a “service” animal, anyway?
According to the
Americans with Disabilities Act
, "
service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities."
The dog must not be a pet, but be specially trained to assist the handler with something directly related to his or her disability.
Types of Service Dogs
Examples of work or tasks that a service dog can be trained to perform for someone with a mental disability include: waking someone with clinical depression and coaxing them out of bed at a specified time in the morning; responding to an owner's panic attack by initiating contact to comfort the individual, and alerting a person exercising poor judgment due to bipolar disorder that they are driving dangerously.
Emotional Support Animals
Distinct from a service dog is the “emotional support animal.” An emotional support animal is a dog or other animal that is not trained to perform specific acts directly related to an individual’s disability. Instead, the animal's owner derives a sense of well-being, safety, or calm from the animal’s companionship and presence.
Which California Laws Protect Assistance Animals and When
If a person has a disability, they have a right to a service dog in California. [CIV Code Section 54.1(b)(6)(A)]. There are two important things to note about California's definition of service dogs. First, it is limited to dogs. Second, it is further limited to dogs that are trained to help individuals with their specific requirements. So, no animal other than a dog can qualify as a service animal, even if that animal is trained to assist a person with a disability. Furthermore, even a dog will not qualify as a service dog if it is not trained to help an individual with a disability. It is not merely a pet which provides comfort by its presence.
Knowing and Fraudulent Representation
Before considering the purchase of a “service animal” coat on Amazon, it is important to know the risk of trying to pass off a dog as a service dog. Any person who knowingly and fraudulently represents himself or herself to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. [PEN § 365.7(a)].
So before you take your emotional support ferret, turtle, or other non-canine pet with you to the airport or a restaurant, be aware of the limitations and definitions of a support animal.
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Angela Rossi is an experienced attorney who has over three decades of solid expertise practicing law. She is an accomplished litigator both in and out of the courtroom with experience that includes countless trials and binding arbitrations. Her law practice includes products liability, premises liability, security guard law, construction defect, trucking company defense and personal injury. In her construction defect practice, Ms. Rossi is highly skilled in defending small subcontractors to general contractors and large developers.
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Congratulations to Christian Castro for a successful dismissal in our client's personal injury case. Our client, an owner of a mini mall, was sued by plaintiff when plaintiff slipped and fell on the ground due to a wet and slippery floor. After Mr. Castro sent opposing counsel a meet and confer letter and filed a cross-complaint for indemnity, the cross-complaint was quickly dismissed. Way to go Bradley & Gmelich LLP!
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Upcoming Speaking Engagements
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Partner Jaimee K. Wellerstein, will be speaking at CALSAGA's private security management training program on August 15-16, 2018 in San Jose, California. She will be discussing contracts, legal pitfalls of indemnification and deal breakers, and how they relate to managing the private security company.
Ms. Wellerstein is head of the firm’s Employment Department. She concentrates her practice in representing employers in all aspects of employment law, including defense of wage and hour class actions and PAGA lawsuits, discrimination, retaliation, harassment, whistleblowing, and wrongful discharge lawsuits. In addition to enjoying an excellent reputation as an employment litigator, Ms. Wellerstein provides sound and prudent legal advice to her clients in workplace employment matters, including conducting workplace investigations, negotiating contracts, conducting training sessions for employees, and advice and counsel regarding terminations and layoffs, disciplinary matters, leaves of absence, severance agreements, and review/preparation of employee handbooks and policies.
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Carol Humiston, Special Counsel lead a training seminar on July 10
th
, 2018 in Glendale California. The seminar, entitled “Compliance and Tactics in Responding to California Public Records Requests,” was held specifically for Executive Directors of Business Improvement Districts and discussed the California Public Records Act and the Brown Act.
Ms. Humiston has been representing and advising public agencies for more than thirty years. Her practice also focuses on defense of employment and civil right litigation as well as high exposure personal injury cases in both the public and private sector. As a result of Ms. Humiston’s extensive trial experience, she was invited and accepted into the prestigious American Board of Trial Advocates.
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Bradley & Gmelich LLP is a proud supporter of The Briad Group Charity Gold Outing which supports the Dave Thomas Foundation for Adoption. The Foundation currently serves as an active voice for the more than 150,000 children in North America’s public welfare system who are waiting for permanent homes and loving families. Dave Thomas believed that no child is “unadoptable.” Therefore the vision of the Foundation is “Every child will have a permanent home and a loving family.”
www.davethomasfoundation.org
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Bradley & Gmelich LLP is pleased to introduce the newest member of our team, Mary Estrada. Mary comes to Bradley & Gmelich LLP as our Accounting Manager and brings over fourteen years of solid experience working in the legal industry. Mary will oversee our billing department to ensure that effective client billing and management services continue as they have over the last eighteen years.
Born and raised in the San Fernando Valley, Mary is a proud mom to her three children ages 19, 11 and 4 years old. Mary is an avid reader, loves to cook and spend time with friends and family. She loves to watch sports and being the Angelino that she is, Mary is a die hard Dodger fan which is really why she was hired in the first place.
Please join us in welcoming Mary Estrada to our B&G team!
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Congratulations to our very own IT Support Technician German Dixon and attorney Chris Castro for completing the very challenging Spartan Race. The
Spartan Race is a series of
obstacle races
of varying distance and difficulty ranging from 3 miles to marathon distances. Congratulations German and Chris!
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German Dixon uses his strength as he competes in the Spartan Race
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German Dixon and wife Priscilla Dixon celebrate in their championship glory.
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Christian Castro carries a heavy load as he competes in the Spartan Race
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Addendum to our Graduation Section
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Megan Gmelich, daughter of partner Tom Gmelich and wife, Carolyn, graduated from Flintridge Sacred Heart Academy in June, 2018 with honors. Megan will be attending the honors college at the University of Wisconsin – Madison in the fall of 2018. Go Badgers!!
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Kate Saunders, daughter of Partner Jim Saunders, graduated from Cathedral High School in San Diego and will be attending the University of Colorado, Boulder in the Fall where she will be majoring in Political Science and attending Law School after graduation.
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Jessica Morse, daughter of litigation assistant Pattie Morse, graduated from Glendora High School and will be attending Mt. San Antonio College in the Fall where she will be playing for their volleyball team. article copy here.
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