christian-langballe-78684-copy-300x200California passed a law in 1991 to give additional protections to the elderly known as the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). It was put into place with the knowledge and understanding that the elderly that are under the care of others are especially dependent on the care they receive and often are in situations in which they lack the ability to protect themselves. This leads to the question, then, of what type of caretaker relationship is necessary to hold someone liable under the law?

California’s Elder Abuse Law

California has enacted laws that specifically criminalize elder abuse and that also allow for civil remedies. The civil provisions of the EADACPA are found in Chapter 11 of the Welfare and Institutions Code. It protects the elderly from physical abuse, neglect, or fiduciary abuse. The law defines an elder as any California resident 65 years of age or older. Physical abuse is defined to include:

lili-popper-29464-300x169The rights of tenants in San Francisco are protected by the San Francisco Rent Ordinance Act and the Rent Board it created. Generally, the Rent Board controls what landlords can charge, how the eviction process works, and how rentals must be re-marketed if an eviction has occurred in the past. However, there is a state law called the Ellis Act that can negatively impact tenants and bypass many of the rights guaranteed by the Rent Board.

What is the Ellis Act?

The Ellis Act is a California law that was passed in 1985 in response to the California Supreme Court case of Nash v. The City of Santa Monica as a way to allow landlords to evict tenants by essentially “going out of business.” Essentially, the Ellis Act is often practically applied when a landlord wants to withdraw all of the units in a multi-family building from the market either to divest themselves of the property or to turn the building into a condominium. At first blush, the Ellis Act seems to give landlords the right to evict tenants for the owner’s profit, which it certainly does, but it also provides a complex process that landlords must follow before they can withdraw a building from the market.

scott-webb-386701-copy-202x300In California, landlords have a duty to ensure that residences are “fit for human occupancy,” and that any necessary repairs are taken care of. Despite these laws, however, it is not uncommon for tenants to walk into an uninhabitable apartment for which they have already signed the contract and paid. If you find yourself in a situation like this, contact the landlord-tenant attorneys at Willoughby Brod and seek out the help you need to regain habitable living quarters.

What an Uninhabitable Residence Looks Like

Just because something is broken or malfunctioning in your apartment does not mean that it is uninhabitable. However, California law does assign a broad spectrum of responsibilities to landlords when it comes to ensuring that a property is habitable, including the following:

marcus-zymmer-189542-unsplash-copy-300x200Over the summer, a 17-hour Air India flight from Newark, New Jersey to Mumbai, India was found to have bed bugs that bit a baby, a mother, and numerous children all over their bodies during the flight. Incidents like this have happened in the past and are completely unacceptable, as airlines have a duty to ensure that their aircrafts are clean and their passengers are safe. If you have experienced something as unfortunate and traumatic as getting stuck on a plane with bed bugs, contact the bed bug lawyers at Willoughby Brod today to have your rights represented in order to obtain the compensation you deserve for your injuries.

Can Bed Bugs Survive on Airplanes?

Despite the name bed bug, bed bugs can survive far beyond the limits of a bed. One common myth is that bed bugs can not survive at high altitude and therefore can not exist on planes. As evidenced by the cases mentioned above, bed bugs can and have been found on airplanes. While bed bugs are always a nuisance, it can feel like a much bigger pain when you are trapped on a long flight and are physically unable to get away from them.

a-l-117960-copy-300x198Driverless vehicles may be the new wave of auto technology, but they do not come without their own set of legal issues. According to Forbes, 41% of Google’s Waymo autonomous driving vehicles have already been involved in 32 accidents in the Mountain View area. As if driving in San Francisco was not challenging enough for human motorists, now we have another aspect to consider: driverless vehicles. If you have been injured in an accident involving a driverless vehicle, contact the car accident attorneys at Willoughby Brod today for a full and free consultation of your case.

Who is at Fault?

Who is at fault in a car accident involving an autonomous vehicle depends on a number of factors, such as whether the vehicle was fully autonomous or partially autonomous. In order to determine which parties may be at fault, it is important to evaluate the specific case at hand. However, below is a list of parties that may be at fault depending on the specific circumstances.

jon-moore-400422-unsplash-copy-300x200Everyone wants the assurance that their home is their safe place, but unfortunately this is not always the case. Sometimes, landlords can be lazy and fail to perform regular toxic mold inspections or remediation, and tenants may not notice until they start to exhibit symptoms. If you believe you are living with toxic mold in your apartment, follow the steps below and contact the toxic mold attorneys at Willoughby Brod to learn more about your rights and options.

California Laws Regarding Toxic Mold

While federal law regulates the disclosure and prevention of lead paint, it makes no mention of toxic mold. California law requires landlords to disclose the presence of toxic mold in a residence building, when the level of mold exceeds a safe level, to tenants but does not provide any rules or guidelines for preventing or clearing out toxic mold.

markus-spiske-37931-unsplash-copy-300x200The last thing you expect or want to happen while you are on vacation is to find bed bugs in your hotel room. However, the unfortunate reality is that many hotels have had bed bug infestations, and it is not always possible to avoid them. If you find yourself in a situation in which you have found bed bugs in your room, whether the bugs have bitten you or not, make sure you follow the steps below and call the bed bug attorneys at Willoughby Brod to receive a personal consultation of your case.

What to do if You Find Bed Bugs in Your Hotel Room

  1. Take photos and videos of the bed bugs.

jeremy-wong-298986-copy-300x200A California woman and her daughter were recently charged with financial elder abuse for coercing the woman’s long time boyfriend into signing away the deed to his residence when he clearly lacked the capacity to do so. The two women are also alleged to have forged medical documents in order to facilitate the transfer of the property. Unfortunately, circumstances like this are not rare. In fact, a majority of financial elder abuse is committed by individuals known to the victim, such as family members. If you have been victimized by a loved one or suspect that someone you know is being victimized by financial elder abuse, contact the elder law attorneys at Willoughby Brod today to learn how we can help.

What is Financial Elder Abuse?

Financial elder abuse is a type of elder abuse that involves the misappropriation of funds. Sadly, the majority of financial elder abusers are family, friends, and acquaintances of the victim. While elderly individuals with alzheimer’s and dementia are at a particularly high risk, any unsuspecting elderly individual can fall prey to financial elder abuse.

cody-board-782797-unsplash-copy-251x300Any holiday can be ruined by an unexpected bed bug infestation, even a holiday to the happiest place on earth. Disneyland has again been sued by a woman who claimed she was “butchered” by bed bugs while staying at a Disneyland resort in Anaheim, California. Specifically, she claimed to have been bitten by bed bugs throughout her entire body, including her face, neck, arms, and back. If you have suffered an unfortunate encounter with bed bugs while staying in hotels around California, contact the experienced bed bug attorneys at Willoughby Brod to have your rights represented.

Disneyland’s History of Bed Bug Lawsuits

This is not the first time Disneyland has been sued for a bed bug infestation. Most notably, a Victoria Secret model sued Disneyland for a bed bug infestation during her stay at one of their resorts back in 2016 that left her with more than 90 bites. As a result of the bites, she was forced to take a two-month break from work.

igor-ovsyannykov-219657-copy-300x200On November 5, 2018, two chilling vehicle collisions in San Francisco’s North Beach neighborhood that ended in fatalities remind all vehicle operators – but especially motorcyclists – to take utmost caution when on the road. While motorcycle accidents are not necessarily more common than other vehicular accidents, they do result in more fatalities and serious injuries. If you regularly ride your motorcycle around San Francisco, take the following precautions in order to keep yourself and those around you safe. If you have been injured in a motorcycle accident, contact the personal injury attorneys at Willoughby Brod so that we can help you fight for the compensation you deserve.

  1. Watch where you are going.

This may sound obvious, but in a vast majority of collisions involving a motorcycle and other vehicle, the other vehicle strikes the motorcycle head-on rather than from the rear. Thus, paying attention to the road ahead of you can prevent head-on collisions from occurring and drastically reduce the number of motorcycle accidents and fatalities.