Recently the California Supreme Court decided in C.A. v. William S. Hart Union High School District (2012) 53 Cal.4th 861.
In this Case the court held that a school district under Section 815.2 of the Government Code could be held liable for negligent hiring and/or supervision which resulted in the plaintiff being sexually harassed and abused by a counselor. Factually, the case involved a high school counselor who harassed and abused a student. The student sued, and the superior court and Court of Appeal held that the school district could not be held vicariously liable for the counselor’s misconduct, which was outside the scope of her employment, and also could not be held liable under a negligent hiring or supervision claim. The Supreme Court unanimously reversed, permitting the plaintiff to move forward with his claim that the district can be held vicariously liable for the negligence of supervisory or administrative personnel who allegedly knew, or should have known, of the counselor’s propensities and nevertheless hired, retained and inadequately supervised her. The court reasoned that because school personnel owe students under their supervision a protective duty of ordinary care, if a supervisory or administrative employee of the district is proven to have breached that duty by negligently exposing the plaintiff to a foreseeable danger of molestation by his guidance counselor, liability may be imposed.
The Government Code does not protect school districts when they negligently hire a employee who harasses and abuses a child.
Contact RAXTER LAW today for a confidential free consultation at (951) 226-5294.
Monday, October 29, 2012
Tuesday, October 23, 2012
Southern California Eminent Domain Law Office
Under the law of eminent domain, municipal, state or federal governmental
bodies have the right to take private land for public use. The power of eminent
domain is used for public projects such as schools, government buildings,
utilities, or transportation systems and highways. Eminent domain laws also give
property owners the right to fair compensation and other remedies.
At the Southern California law office of RAXTER LAW, we protect the rights of residential and commercial property owners and displaced commercial tenants or business owners in the Riverside and San Bernardino County area and throughout Southern California.
If you have received notice from the condemnor of a Resolution of Necessity hearing, our office can represent you at that proceeding. If the condemning agency has made an offer to you that you believe is too low, we can help you obtain your own appraisal and negotiate for fair market value.
Did you know that California law requires that the condemning government agency pay the property owner up to $5,000 for their own appraisal?
California Eminent Domain law is set forth in the California Code of Civil Procedure.
Contact RAXTER LAW for a FREE CONSULTATION regarding your eminent domain matter. Give us a call at 951-226-5294. We look forward to speaking with you.
At the Southern California law office of RAXTER LAW, we protect the rights of residential and commercial property owners and displaced commercial tenants or business owners in the Riverside and San Bernardino County area and throughout Southern California.
If you have received notice from the condemnor of a Resolution of Necessity hearing, our office can represent you at that proceeding. If the condemning agency has made an offer to you that you believe is too low, we can help you obtain your own appraisal and negotiate for fair market value.
Did you know that California law requires that the condemning government agency pay the property owner up to $5,000 for their own appraisal?
California Eminent Domain law is set forth in the California Code of Civil Procedure.
Sunday, September 16, 2012
What is the difference between a will and a trust?
Below is a link to an article that I authored regarding the "Differences between a will and a trust" that was published in the local Menifee Buzz newspaper.
Check it out here:
Check it out here:
Menifee Buzz - Menifee Lawyer ArticleNew Sign
 |
| Menifee Lawyer, Sun City Lawyer, Menifee Attorney, Menifee Law Office |
Jarrod Townsend of All Pro Signs. He is local, professional, and a true artist. You can reach him at 951-324-3289.
Tuesday, September 4, 2012
Menifee Buzz
Menifee Buzz is a local newspaper with the obvious Menifee focus. The paper is highly recommended and has a great "legal" writer (I'm clearly biased).
http://www.menifeebuzz.com/index.php?option=com_content&view=article&id=610:scams--if-its-too-good-to-be-truewell-you-know&catid=36:general&Itemid=149
http://www.menifeebuzz.com/index.php?option=com_content&view=article&id=610:scams--if-its-too-good-to-be-truewell-you-know&catid=36:general&Itemid=149
Scams - If it is too good to be true...well you know!
I was planning to write an article covering the topic of conservatorships, however, an issue was brought to my attention this month that is of a more pressing nature. This month alone approximately ten clients have been the attempted victims of a scam. Luckily, none became actual victims. So, let me use this opportunity to discuss a few of the common scams that are running rampant as of today.
First- We all know about the “lottery scam” where a party, company, whoever tells you won a lottery. A lottery that is, that you never entered. That fact seems to elude most people. In order to claim the “prize” you must send money ahead of time (either for taxes, processing fees, etc). Well, you see where this is going. I suppose the first thing we must remember never (I mean never) send money via Western Union without personally knowing the recipient.
Second- This scam is fairly new and prevalent in our area. Scammers will often try to take advantage of the increased vulnerability of senior citizens who have recently lost a loved one. In one recent example, scammers would find targets by scouring the obituaries. They would then call the widow or widower and claim that their spouse had outstanding debts that needed to be paid immediately. Victims would then be persuaded to provide a blank check or credit card. Never fall victim to this scam. The reason probate was created was to protect creditors.
Third- This one is not per se illegal but still doesn’t pass the “smell test”. In this case, a very official letter arrives in the mail telling you that you “must send money in order to receive a certified copy of your deed” and that you must have a copy of your deeds in order to prove legal title. The letter I reviewed last month requested nearly $200.00 for this “service”. Please, understand that the reason the county recorder is around is to maintain the official property records of the county (among other things). In fact, if you would like a copy of your deed all you have to do is request one from the Recorder for a cost of less than $20.00.
No one is immune from scammers. In fact, as I type this article I am looking at a “certified cashiers” check that arrived in the mail from the Caribbean for a substantial sum for a client my office never represented. All “they” want in return is a large amount of personal information….so, if the check clears this may by my last article.
If you receive something in the mail, or a deal seems too good to be true, it probably is. When in doubt, have an adult child, a family friend, or a professional review any offer before signing. For more information regarding scams please visit www.raxterlaw.com/scams Good luck.
Do not be a victim, knowledge is power.
http://www.menifeebuzz.com/index.php?option=com_content&view=article&id=610:scams--if-its-too-good-to-be-truewell-you-know&catid=36:general&Itemid=149
First- We all know about the “lottery scam” where a party, company, whoever tells you won a lottery. A lottery that is, that you never entered. That fact seems to elude most people. In order to claim the “prize” you must send money ahead of time (either for taxes, processing fees, etc). Well, you see where this is going. I suppose the first thing we must remember never (I mean never) send money via Western Union without personally knowing the recipient.
Second- This scam is fairly new and prevalent in our area. Scammers will often try to take advantage of the increased vulnerability of senior citizens who have recently lost a loved one. In one recent example, scammers would find targets by scouring the obituaries. They would then call the widow or widower and claim that their spouse had outstanding debts that needed to be paid immediately. Victims would then be persuaded to provide a blank check or credit card. Never fall victim to this scam. The reason probate was created was to protect creditors.
Third- This one is not per se illegal but still doesn’t pass the “smell test”. In this case, a very official letter arrives in the mail telling you that you “must send money in order to receive a certified copy of your deed” and that you must have a copy of your deeds in order to prove legal title. The letter I reviewed last month requested nearly $200.00 for this “service”. Please, understand that the reason the county recorder is around is to maintain the official property records of the county (among other things). In fact, if you would like a copy of your deed all you have to do is request one from the Recorder for a cost of less than $20.00.
No one is immune from scammers. In fact, as I type this article I am looking at a “certified cashiers” check that arrived in the mail from the Caribbean for a substantial sum for a client my office never represented. All “they” want in return is a large amount of personal information….so, if the check clears this may by my last article.
If you receive something in the mail, or a deal seems too good to be true, it probably is. When in doubt, have an adult child, a family friend, or a professional review any offer before signing. For more information regarding scams please visit www.raxterlaw.com/scams Good luck.
Do not be a victim, knowledge is power.
http://www.menifeebuzz.com/index.php?option=com_content&view=article&id=610:scams--if-its-too-good-to-be-truewell-you-know&catid=36:general&Itemid=149
Tuesday, May 22, 2012
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