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ADA Deficiencies in Churches

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As per the United State Department of Justice Civil Rights Division, the Americans with Disabilities Act, (“ADA”), was modeled after the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, religion, sex, or national origin – and Section 504 of the Rehabilitation Act of 1973 — the ADA is an “equal opportunity” law for people with disabilities. To be protected by the ADA, one must have a disability, which is defined by the ADA as a physical or mental impairment that substantially limits one or […]

Clergy-Penitent Privilege

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Although informally referred to as the Priest-Penitent Privilege, the following applies to all clergy, i.e. a priest, minister, religious practitioner, or similar functionary of a church or of a religious denomination or religious organization. In general, any conversation had with or amongst religious leaders (assuming that they are acting in their religious capacity) cannot be brought into court. Each religion may have its own internal governance concerning the preservation of confidence which goes beyond that of the California Evidence Code. Confidential Communications: California defines a “penitential communication” as a communication made […]

CONFLICTS OF INTEREST

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Serving as an officer, director, trustee, elder, or pastor of a church comes with certain responsibilities. The most important of which is acting in good faith in the best interest of the church. In short, when servicing is such a position on the church council/board, one must not act in their interest at the expense of the church by usurping a corporate opportunity, having an interest in a particular transaction, or competing with the corporation to advance one’s personal interest. Conflicts of interest often arise when entering into a transaction […]

HOMESTEAD EXEMPTION

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The California Constitution provides for a Homeowners’ Property Tax Exemption which is a $7,000 reduction of the taxable value of your principal residence. Upon qualification, this can amount to a cost saving of approximately $70 each year on your property taxes. In addition to this cost savings, the primary benefit is the protection it provides from a judgment creditor. Timing:To qualify, the property must have been the principal residence of the owner as of January 1 of that particular tax year. Although there is no cost to file for the […]

WHAT IS PROBATE

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In simplified terms, probate is the legal process of settling the financial affairs of a deceased individual after they die via court supervision; i.e. the distribution of their assets and payment of their debts. On average, probate in California takes about twelve to eighteen months. However, if problems arise, the process can much longer. The Will:Often, this entire process pivots on the existence of a Will, if it can be located, its contents, and its validity will dictate the parties and actions to be taken. In short, a Will is […]

RECOVERING ATTORNEY’S FEES

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As a general rule in California, whether you prevail at trial or otherwise, all parties to litigation are responsible for their own attorneys’ fees. Considering that ultimate financial sum at stake, whether you are the plaintiff or defending yourself against a frivolous lawsuit, the costs of attorney’s fees must be taken into consideration as they are often the driving force in making litigation decisions. Statute:In a traditional civil suit, attorney’s fees are not recoverable against the opposing party unless they are provided for by statute or by contract. Often, the […]

STATUTE OF FRAUDS

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Dating back to 17th century England, the Statute of Frauds was enacted to fraud between parties wherein one had an obligation to the other. In short, it required certain obligations be in writing and signed by the person for whom enforcement of the contract will be sought. Now enacted by statute in all fifty states, the Statute of Frauds minimally applies to the sale of goods worth at least $500, marriage, repaying the debts of others, any agreement that takes more than a year to complete, real estate. For our […]

Unincorporated Associations

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Although many religious organizations elect to formally create a legal entity such as a corporation. For one reason or another, this is not always the case. As a general rule of thumb, an association is formed once two or more individuals mutually agree to act for a common lawful purpose, whether for profit-making or otherwise. In General:Much like other entities, an unincorporated association may adopt rules similar to the bylaws of a corporation. Additionally, the same tax-exemptions available to other entities by the Internal Revenue Codes are usually available to […]

Property Tax Assessment Appeals

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As per the California State Board of Equalization, “The property taxes you pay are based on your property’s assessed value, as determined by your County Assessor. If you disagree with the Assessor’s value, you can usually appeal that value to your local Assessment Appeals Board or County Board of Equalization. Assessment Appeals Board:Local appeals boards are independent agencies, separate from the Assessor’s office, established to decide disputes between County Assessors and property owners. You are not required to have an attorney or an agent represent you. However, as the applicant, […]

LOT LINE ADJUSTMENTS/SPLITS

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Lot line adjustments and lot line splits are two distinct legal applications that involve a City and/or County for various reasons, and one should not be confused or conducted without first understanding the implications of each. This article is not intended to be an in-depth discussion of the Subdivision Map Act or the Subdivided Lands Law. Lot Line Adjustments:A lot line adjustment applies to four or fewer existing adjoining (abutting) parcels of land. The land is taken from one parcel and is legally added to an adjoining parcel. This procedure […]