(1) Cal.Educ.Code §56507 - Provides notice requirements for parties intending to use attorneys in special education due process hearings. Allows for attorney fee awards to prevailing parties.
(2) Cal.Fam.Code §3452 - Allows courts to award necessary expenses including attorney fees to prevailing parties in family law cases, unless inappropriate. Prohibits imposing costs on states without authorization.
(3) Cal.Food&Agric.Code §226 - Establishes annual funding for Bureau of Market Enforcement litigation expenses. Outlines cost sharing between funds if annual amount is exceeded. Awards costs and fees to prevailing civil parties involving the Bureau.
Everything You Always Wanted To Know About Grantor (And Other Irrevocable) Tr...Bruce Givner
What is an irrevocable trust? How can it be flexible? How can the parents maintain a level of control? What makes an irrevocable trust a "grantor" trust and, therefore, disregarded for income tax purposes? What are the advantages of a grantor trust for asset protection planning and estate tax planning purposes? What are the disadvantages? How can you eliminate the disadvantages through the use of a "toggle" (or flip) switch? What are the tax return and EIN requirements for a grantor trust? What happens when the owner dies? When there is an outstanding installment note, does the owner's death trigger gain? Can a trust be treated as owned by someone other than the grantor? Do grantor trusts still make sense now that the estate tax rates are 40% and the income tax rates, in states like California, are even higher? Are grantor trusts here to stay?
15 06-18 Top 10 Tax Preparer And Other Tax Penalties - Not Going To Jail But ...Bruce Givner
What is the definition of a tax return preparer? What is the accuracy-related penalty? What are the primary other penalties? What is IRC Section 6694 (the preparer penalty)? How is it coordinated with the accuracy-related penalty? What are the easiest crimes to commit, e.g. obstruction of justice. What good can an opinion by a tax lawyer do for you?
In 1989 Alaska was the first state to allow a domestic asset protection trust. In that same year Nevada and Delaware also changed their laws to allow DAPTs (also called self-settled spendthrift trusts). The question was - for 30 years - if a person in California set up a DAPT in Nevada - could a judgment creditor in California take his judgment to Nevada and have the Nevada court enforce the judgment against the California debtor's asset protection trust. Some lawyers argued "yes," citing Art. IV, Section 1 of the U.S. Constitution, the "full faith and credit clause." Other lawyers argued "No, it would be against Nevada's public policy." Finally, in June, 2019, the South Dakota Supreme Court held that it would give "full faith and credit to the California family law court order. However, it would not give full faith and credit to the enforcement against a South Dakota trust. Will this case make it to the U.S. Supreme Court? What about the on-going divorce of Ed and Marie Borsarge? The Cameron case did not involve an asset protection trust. But certainly South Dakota, Nevada and the other states will rule the same way in a case involving an asset protection trust.
15 07-24 Puerto Rico Income Tax IncentivesBruce Givner
Instead of expatriating, it is better to consider retaining your U.S. citizenship and becoming a resident of Puerto Rico. You sign a 20 year contract with the government. As a result, as an individual, you can pay zero federal and state tax on local interest, dividends and capital gains. The incentives for business are also phenomenal: a 4% rate with profits paid to owners tax free. A business must have 3 employees of which husband and wife can count as two.
Everything You Always Wanted To Know About Grantor (And Other Irrevocable) Tr...Bruce Givner
What is an irrevocable trust? How can it be flexible? How can the parents maintain a level of control? What makes an irrevocable trust a "grantor" trust and, therefore, disregarded for income tax purposes? What are the advantages of a grantor trust for asset protection planning and estate tax planning purposes? What are the disadvantages? How can you eliminate the disadvantages through the use of a "toggle" (or flip) switch? What are the tax return and EIN requirements for a grantor trust? What happens when the owner dies? When there is an outstanding installment note, does the owner's death trigger gain? Can a trust be treated as owned by someone other than the grantor? Do grantor trusts still make sense now that the estate tax rates are 40% and the income tax rates, in states like California, are even higher? Are grantor trusts here to stay?
15 06-18 Top 10 Tax Preparer And Other Tax Penalties - Not Going To Jail But ...Bruce Givner
What is the definition of a tax return preparer? What is the accuracy-related penalty? What are the primary other penalties? What is IRC Section 6694 (the preparer penalty)? How is it coordinated with the accuracy-related penalty? What are the easiest crimes to commit, e.g. obstruction of justice. What good can an opinion by a tax lawyer do for you?
In 1989 Alaska was the first state to allow a domestic asset protection trust. In that same year Nevada and Delaware also changed their laws to allow DAPTs (also called self-settled spendthrift trusts). The question was - for 30 years - if a person in California set up a DAPT in Nevada - could a judgment creditor in California take his judgment to Nevada and have the Nevada court enforce the judgment against the California debtor's asset protection trust. Some lawyers argued "yes," citing Art. IV, Section 1 of the U.S. Constitution, the "full faith and credit clause." Other lawyers argued "No, it would be against Nevada's public policy." Finally, in June, 2019, the South Dakota Supreme Court held that it would give "full faith and credit to the California family law court order. However, it would not give full faith and credit to the enforcement against a South Dakota trust. Will this case make it to the U.S. Supreme Court? What about the on-going divorce of Ed and Marie Borsarge? The Cameron case did not involve an asset protection trust. But certainly South Dakota, Nevada and the other states will rule the same way in a case involving an asset protection trust.
15 07-24 Puerto Rico Income Tax IncentivesBruce Givner
Instead of expatriating, it is better to consider retaining your U.S. citizenship and becoming a resident of Puerto Rico. You sign a 20 year contract with the government. As a result, as an individual, you can pay zero federal and state tax on local interest, dividends and capital gains. The incentives for business are also phenomenal: a 4% rate with profits paid to owners tax free. A business must have 3 employees of which husband and wife can count as two.
Family Limited Partnerships Update - Diagrams and Bullet Points - February 6,...Bruce Givner
Normal FLP structure for estate tax planning; modifying it to amplify the extent to which it can help add a hurdle between valuable assets and some future (not currently in existence) creditor if properly aged (4 - 7 years before there is a problem) and if it has a business purpose; important points in the event of an estate tax audit, e.g., separate counsel for the children's trust; problem of timing of the funding of the assets to the FLP versus timing of the gift of LP interests; problem of the change of California's LLC act effective 1/1/14; use of FLPs with captive insurance companies, pensions, life insurance and as an alternative to an ILIT.
Mar 2012 1 ID Fort Riley Monthly NewsletterNoel Waterman
Please find attached this month’s 1ID and Fort Riley monthly news update. For your convenience it will be posted to the following link in the next few days: http://www.1id.army.mil/DocumentList.aspx?lib=1ID_FRG_Updates
Family Limited Partnerships Update - Diagrams and Bullet Points - February 6,...Bruce Givner
Normal FLP structure for estate tax planning; modifying it to amplify the extent to which it can help add a hurdle between valuable assets and some future (not currently in existence) creditor if properly aged (4 - 7 years before there is a problem) and if it has a business purpose; important points in the event of an estate tax audit, e.g., separate counsel for the children's trust; problem of timing of the funding of the assets to the FLP versus timing of the gift of LP interests; problem of the change of California's LLC act effective 1/1/14; use of FLPs with captive insurance companies, pensions, life insurance and as an alternative to an ILIT.
Mar 2012 1 ID Fort Riley Monthly NewsletterNoel Waterman
Please find attached this month’s 1ID and Fort Riley monthly news update. For your convenience it will be posted to the following link in the next few days: http://www.1id.army.mil/DocumentList.aspx?lib=1ID_FRG_Updates
EDA of San Francisco Employee Compensation for Fiscal Year 2014-15Sagar Tupkar
An Exploratory Data Analysis of the dataset of San Francisco Employee Compensation for Fiscal Year 2014-15 obtained from (www.data.sfgov.org) was performed as a part of the course curriculum at MS-Business Analytics at University of Cincinnati. After extensive cleaning, filtering and manipulation using R, SAS and Advanced Excel to detect potential outliers, the dataset was reduced to 83946 observations and 18 variables to probe into the statistics and draw insightful information using MS-SQL. The results of analysis are presented graphically for better data-visualization using Tableau
Door uw telefooncentrale te koppelen aan TOPdesk ziet u bij inkomende telefoontjes direct klantgegevens en de openstaande meldingen. En dat is pas het begin! Frank Meert (TOPdesk) en Floyd Bloemberg (Ask Roger!) demonstreren alle handigheidjes van de TOPdesk CTI-module.
Take a look behind the scenes at TOPdesk - itSMF Conference Belgium march 2013TOPdesk
TOPdesk’s Nancy Van Elsacker (Managing Director) and Alexander Janssens (Senior Consultant) explain how ITIL processes are set up within their organization. TOPdesk’s Support department comprises 51 employees who provide customer service in five different languages. 65 developers build the software across three countries, while 75 consultants implement the software. With so many colleagues involved, you can understand how this often generates interesting discussions. Attendees can expect a frank look behind the scenes at the leading service management software provider.
Door trends als Het Nieuwe Werken krijgenICT-organisaties met nieuwe uitdagingen te maken, zoals Bring Your Own Device’ BYOD). Het is allang niet meer de vraag óf u rekening moet houden deze ontwikkeling, maar eerder hoe u hiermee om kunt gaan. In deze presentatie bespreekt consultant Alexander Jansen wat BYOD inhoudt, welke gevolgen dit voor uw processen heeft en geeft hij
praktische tips om met deze trend om te gaan. Bovendien laat hij u zien hoe een servicemanagement-applicatie als TOPdesk u hierbij kan ondersteunen.
Escrow document transfer disclosures in Californiamarkpetrie1
A presentation on how to properly respond on behalf of a community association to a homeowner's request for documents in connection with an escrow transaction in California.
Free Legal Aid Scheme Satish Mishra AdvocateSatish Mishra
Read this PDF to know about Free Legal Aid schemes floated by Centre, State, District and High Court Levels across the country. Know the eligibility criteria.
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It appearing that you are reported to have committed an offense agrunst the United States beginning
in or about October 1995 and continuing to and including January 8, 1998, in violation of Title 18, U�ted
States Code, Secti�n 4, in that you are r�ported to have engaged in a misprision of a felony as set forth in
the subject Information attached hereto and incorporated by reference as EXhibit A.
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authorized signature on this Agreement. it appearing, after an investigation ofthe offense. that the interest
of the United States and your own interest and the interests of justice will be served by the following
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On the authorlly �fthe United States Attorney �or the Southern District ofiDinois and the Criminal
Division, U.S. Departme�t ofJustice, prosecution in the Southern District ofDlinoisforthis offense shall be
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case, the government will :furnish you with notice specifying the conditions of the Agreement which you have
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Fill Out Your Paycheck Protection Program Loan Application. Provided by Business Developer App. We also have provided the instructions and overview of the loan on our account. Please take a look at our list of banks accepting PPP loans. https:
Property settlement following marriage or relationship breakdownWilliam Sloan
Where parties have separated, there is legislation that sets out the approach to be taken in determining the appropriate alteration of property interests between them.
This guide provides an overview of that approach.
It is important to understand however, that each individual case is different.
Sample motion to vacate California divorce judgment for fraudLegalDocsPro
This sample motion to vacate a dissolution (divorce) judgment in California on the grounds of duress is used pursuant to California Family Code section 2122(c). This sample can also be used to vacate a legal separation or nullity judgment in California as well. The sample on which this preview is based is 10 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a sample declaration.
Howard Ankin Presentation at ITLA Workers' Compensation SeminarAnkin Law Office, LLC
Howard Ankin gave a presentation at the Illinois Trial Lawyers Association workers’ compensation seminar on November 3, 2017. The Illinois Trial Lawyers is an association of lawyers who advocate on behalf of injured people.
A PowerPoint overview of New York No-Fault Law, including the background of the law and regulation, an explanation of the scope of coverage, exclusions and benefits, and exploration of several issues, including notice and claims handling.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
Honest Reviews of Tim Han LMA Course Program.pptxtimhan337
Personal development courses are widely available today, with each one promising life-changing outcomes. Tim Han’s Life Mastery Achievers (LMA) Course has drawn a lot of interest. In addition to offering my frank assessment of Success Insider’s LMA Course, this piece examines the course’s effects via a variety of Tim Han LMA course reviews and Success Insider comments.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
2. Referenced California Codes Cal.Educ.Code §56507 Cal.Fam.Code §3452 Cal.Food&Agric.Code §226 Cal.LaborCode §218.5 Cal.LaborCode §1194 Cal.Pub.Con.Code §7107 Cal.Pub.Res.Code §30327 On the following slides I put the actual language of the sections on the left and a quick summary of the sections in my own words on the right.
3. California education codeeducation code, title 2, division 4, part 30, chapter 5, §56507 Due process hearing; notice of intent to be represented by attorney; award of attorney's fees; contents of decision. §56507
4. Cal.Educ.Code §56507 If either party to a due process hearing intends to be represented by an attorney in the state hearing, notice of that intent shall be given to the other party at least 10 days prior to the hearing. The failure to provide that notice shall constitute good cause for a continuance. (1) An award of reasonable attorney's fees to the prevailing parent, guardian, or pupil, as the case may be, may only be made either with the agreement of the parties following the conclusion of the administrative hearing process or by a court of competent jurisdiction pursuant to Section 1415(i)(3) of Title 20 of the United States Code. (2) In accordance with Section 1415(i)(3) of Title 20 of the United States Code, the court, in its discretion, may award reasonable attorney's fees as part of the costs to a prevailing party who is a state educational agency or local educational agency in the following circumstances: (A) Against the attorney of a parent who files a due process hearing request or subsequent cause of action that is frivolous, unreasonable, or without foundation, or against the attorney of a parent who continued to litigate after the litigation clearly became frivolous, unreasonable, or without foundation. (B) Against the attorney of a parent, or against the parent, if the parent's due process hearing request or subsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation. Public agencies shall not use federal funds distributed under Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or other federal special education funds, for the agency's own legal counsel or other advocacy costs, that may include, but are not limited to, a private attorney or employee of an attorney, legal paraprofessional, or other paid advocate, related to a due process hearing or the appeal of a hearing decision to the courts. Funds shall not be used to reimburse parents who prevail and are awarded attorney's fees, pursuant to subdivision (b), as part of the judgment. Nothing in this subdivision shall preclude public agencies from using these funds for attorney services related to the establishment of policy and programs, or responsibilities, under Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and the program administration of these programs. This subdivision does not apply to attorneys and others hired under contract to conduct administrative hearings pursuant to subdivision (a) of Section 56505. The hearing decision shall indicate the extent to which each party has prevailed on each issue heard and decided, including issues involving other public agencies named as parties to the hearing. gives 10 days to inform the opposing party of intent to use attorney in state due process hearing. (1) may award attorneys fees to prevailing guardian/pupil through parties agreement or through court discretion in accordance with USC 1415(i)(3). (b)(2) may award attorney’s fees to prevailing state or local educational agency through court discretion in accordance with USC 1415(i)(3) given: (A) opposing attorney filing a frivolous / unfounded cause or continuing litigating such cause. (B) attorney or parents motive for hearing or cause is to hassle in some way. prohibits public agencies from using federal educational funds for legal costs of due process hearing or appeal and for prevailing party attorney’s fees. Does not prohibit using the funds for attorney services for policy/program creation and administration the decision should specify who prevailed in what.
5. California family codefamily code, division 8, part 3, chapter 3, §3452 Prevailing party; award of necessary and reasonable expenses. §3452
6. Cal.Fam.Code §3452 The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate. The court may not assess fees, costs, or expenses against a state unless authorized by law other than this part. (a) awards various proceeding related costs including attorney’s fees to the prevailing party (may be the state) unless the losing party shows the award would be inappropriate. (b) may not impose related costs against the state unless allowed to by different law.
7. Food and agricultural codefood and agricultural code, division 1, part 1, chapter 2, article 2, §226 Litigation expenses; additional funds; funding when legal action carried from one year to next; court costs and attorney fees. §226
8. Cal.Food&Agric.Code §226 Notwithstanding Section 11044 of the Government Code, the sum of one hundred thousand dollars ($100,000) is hereby continuously appropriated from the Department of Food and Agriculture Fund in each fiscal year to the department for litigation expenses incurred by the Bureau of Market Enforcement. At any time in a given fiscal year that the one hundred thousand dollars ($100,000) appropriated for litigation costs in subdivision (a) is completely expended, the Department of Food and Agriculture Fund and the General Fund shall share additional litigation costs on a basis of 20 percent paid by the Department of Food and Agriculture Fund and 80 percent paid by the General Fund. These additional funds are to be used only when the bureau or the department is a defendant, or becomes a cross-defendant, in an action relating to market enforcement. If a legal action is carried from one fiscal year to the next, the costs incurred in the following year shall not be charged against the one hundred thousand dollars ($100,000) annually allocated pursuant to subdivision (a) to the bureau, but instead shall continue to be funded in the following years with 80 percent being paid by the General Fund and 20 percent being paid by the Department of Food and Agriculture Fund. In civil actions in which the bureau is a party, the prevailing party may be awarded court costs and attorneys fees. annual (fiscal yr.) allotment of 100k from Department of Food and Agriculture Fund for Bureau of Market Enforcement litigation expenses. in the instance of the Bureau or Department in (a) being a defendant or cross-defendant in a market enforcement action and the 100k is exhausted the Department Fund pays 20% and the General Fund pays 80% of litigation costs. the arrangement in (b) continues if the action continues into the next fiscal yr. “In civil actions in which the bureau is a party, the prevailing party may be awarded court costs and attorneys fees.”
9. §218.5 and §1194 California labor codelabor code, division 2, part 1, chapter 1, article 1, §218.5 Actions for nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions; award of attorney's fees to prevailing party; application of section.LABOR CODE, DIVISION 2, PART 4, CHAPTER 1, §1194 Action to recover minimum wage, overtime compensation, interest, attorney's fees, and costs by employee.
10. Cal.LaborCode §218.5 In any action brought for the nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions, the court shall award reasonable attorney's fees and costs to the prevailing party if any party to the action requests attorney's fees and costs upon the initiation of the action. This section shall not apply to an action brought by the Labor Commissioner. This section shall not apply to a surety issuing a bond pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code or to an action to enforce a mechanics lien brought under Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 2 of the Civil Code. This section does not apply to any action for which attorney's fees are recoverable under Section 1194. If a party to an employment (unpaid wage, benefits, funds contribution) action requests attorney’s fees at the onset and prevails the court shall award the fees. Doesn’t apply to Labor Commissioner initiated action, Surety issuing a bond in observance of BPC, action to enforce a mechanics lien under the Civil Code, or actions under §1194 that allow recovery of attorney’s fees.
11. Cal.LaborCode§1194 Notwithstanding any agreement to work for a lesser wage, any employee receiving less than the legal minimum wage or the legal overtime compensation applicable to the employee is entitled to recover in a civil action the unpaid balance of the full amount of this minimum wage or overtime compensation, including interest thereon, reasonable attorney's fees, and costs of suit. The amendments made to this section by Chapter 825 of the Statutes of 1991 shall apply only to civil actions commenced on or after January 1, 1992. In a civil action for minimum wage or overtime compensation, the wronged employee is entitled to recover those monies, interest, legal costs and attorney’s fees. Reference Chapter 825 of Statutes of 1991 for civil actions started on or after 1/1/92.
12. Public contract codepublic contract code, division 2, part 1, chapter 7, §7107, retention proceeds; withholding; disbursement. §7107
13. Cal.Pub.Con.Code §7107 This section is applicable with respect to all contracts entered into on or after January 1, 1993, relating to the construction of any public work of improvement. The retention proceeds withheld from any payment by the public entity from the original contractor, or by the original contractor from any subcontractor, shall be subject to this section. (Within 60 days after the date of completion of the work of improvement, the retention withheld by the public entity shall be released. In the event of a dispute between the public entity and the original contractor, the public entity may withhold from the final payment an amount not to exceed 150 percent of the disputed amount. For purposes of this subdivision, "completion" means any of the following:(1) The occupation, beneficial use, and enjoyment of a work of improvement, excluding any operation only for testing, startup, or commissioning, by the public agency, or its agent, accompanied by cessation of labor on the work of improvement.(2) The acceptance by the public agency, or its agent, of the work of improvement.(3) After the commencement of a work of improvement, a cessation of labor on the work of improvement for a continuous period of 100 days or more, due to factors beyond the control of the contractor.(4) After the commencement of a work of improvement, a cessation of labor on the work of improvement for a continuous period of 30 days or more, if the public agency files for record a notice of cessation or a notice of completion. Subject to subdivision (e), within seven days from the time that all or any portion of the retention proceeds are received by the original contractor, the original contractor shall pay each of its subcontractors from whom retention has been withheld, each subcontractor's share of the retention received. However, if a retention payment received by the original contractor is specifically designated for a particular subcontractor, payment of the retention shall be made to the designated subcontractor, if the payment is consistent with the terms of the subcontract. The original contractor may withhold from a subcontractor its portion of the retention proceeds if a bona fide dispute exists between the subcontractor and the original contractor. The amount withheld from the retention payment shall not exceed 150 percent of the estimated value of the disputed amount. In the event that retention payments are not made within the time periods required by this section, the public entity or original contractor withholding the unpaid amounts shall be subject to a charge of 2 percent per month on the improperly withheld amount, in lieu of any interest otherwise due. Additionally, in any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to attorney's fees and costs. If a state agency retains an amount greater than 125 percent of the estimated value of the work yet to be completed pursuant to Section 10261, the state agency shall distribute undisputed retention proceeds in accordance with subdivision (c). However, notwithstanding subdivision (c), if a state agency retains an amount equal to or less than 125 percent of the estimated value of the work yet to be completed, the state agency shall have 90 days in which tor eleaseundisputed retentions. Any attempted waiver of the provisions of this section shall be void as against the public policy of this state. applicable to contracts after 1/1/93 relating to public work improvement construction. this section pertains to retention proceeds withheld by the public entity from original contractor or by original contractor from sub-contractor. within 60 days of the work being completed [as defined in (c)(1)(2)(3)(4)] the public entity shall release the retention if there is a dispute the entity can withhold up to 150% of the disputed amount from the final payment due the original contractor. subject to (e), within 7 days of receiving all or part of the retention the original contractor shall pay the subcontractor(s) their designated portion of the withheld retention in accordance with the subcontract(s). if there is a legit dispute between the original contractor and a subcontractor, the original contractor may withhold up to 150% the estimated value of the dispute amount if the public entity or original contractor don’t comply with the deadlines they will be subject to a monthly charge of 2% the withheld amount and in an action to collect the withheld funds the prevailing party is entitled to attorney’s fees and costs. for work still in progress if a state agency retains < 125% estimated value (pursuant to section 10261) it shall release undisputed retention proceeds in observance of (c), if >or = 125% it shall release undisputed retention within 90 days. “Any attempted waiver of the provisions of this section shall be void as against the public policy of this state.”
14. Public resources codedivision 20, chapter 4, article 2.5, §30327 Commission decision; influence; unreported ex parte communication; civil fine; attorneys' fees and costs. §30327
15. Cal.Pub.Res.Code §30327 No commission member or alternate shall make, participate in making, or any other way attempt to use his or her official position to influence a commission decision about which the member or alternate has knowingly had an ex parte communication that has not been reported pursuant to Section 30324. In addition to any other applicable penalty, including a civil fine imposed pursuant to Section 30824, a commission member who knowingly violates this section shall be subject to a civil fine, not to exceed seven thousand five hundred dollars ($7,500). Notwithstanding any law to the contrary, the court may award attorneys' fees and costs to the prevailing party. a commission member or alternate may not use their position to influence a commission decision they have had ex parte communication not reported pursuant to §30324. a commission member in violation of this section is subject to a civil fine up to $7,500 in addition to other applicable penalties and absent any law to the contrary the prevailing party may be awarded attorney’s fees and costs.
16. Discussion Cal.Educ.Code §56507 – May award reasonable attorney’s fees Cal.Fam.Code §3452 – The court shall award [necessary and reasonable expenses…including…] reasonable attorney’s fees Cal.Food&Agric.Code §226 may be awarded court costs and attorney’s fees Cal.LaborCode §218.5 shall award reasonable attorney’s fees and costs Cal.LaborCode §1194 entitled to recover…reasonable attorney’s fees and costs of suit Cal.Pub.Con.Code §7107 shall be entitled to attorney’s fees and costs Cal.Pub.Res.Code §30327 may award attorney’s fees and costs The codes in this presentation are just some California codes that each have a section that pertains to prevailing parties attorney’s fees. Each one should be understood in it’s own context and I am only briefly referencing them for the purpose of this discussion board post. The wording varies and in some it seems an award is optional and in others it seems to be obligatory. For example the court “shall” or “may” (optional) and the party is “entitled to” (obligatory).