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California Public Benefits Questions & Answers
2 Answers | Asked in Business Formation, Business Law and Public Benefits for California on
Q: Can a CA Nonprofit Public Bene Corp use proxies to meet a quorum & to actions? & use unanimous consents in lieu of mtgs?

CA Corp Code 5510 + seem to allow proxies to achieve a quorum and to take actions "if allowed"

5516 allows for unanimous consent "if allowed"

Does this mean if the by-laws permit, both can be so used? Thx

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 14, 2023

Yes, a California nonprofit public benefit corporation can use proxies to meet a quorum and to take actions if it's allowed in the corporation's bylaws. Similarly, the use of unanimous consent is also allowed if it's permitted by the bylaws.

According to California...
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1 Answer | Asked in Public Benefits for California on
Q: In July ,2022 Alameda Superior Court made it illegal for the Covid Rent Relief Program to withhold funding

Cont'd

While the Applicants case was 'Under Review. Yet my status has remained unchanged since Aug 2021.

https://www.sfchronicle.com/bayarea/article/California-must-grant-all-pending-applications-17301012.php

"California can’t deny pending applications for... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 11, 2023

If your application for the California COVID Rent Relief Program has been pending since August 2021, and you believe that the program has wrongfully withheld funding from you, you may want to consider the following steps:

Contact the program: Reach out to the California COVID Rent Relief...
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1 Answer | Asked in Criminal Law and Public Benefits for California on
Q: A friend received a subpoena for bank records from another state that is investigating potential fraud of the unemployme

nt system. He needs legal advice. They think he's involved somehow.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 5, 2023

If your friend has received a subpoena for bank records related to an investigation into potential fraud of the unemployment system in another state, it is important that they seek legal advice from a qualified attorney as soon as possible.

An attorney can review the subpoena and advise...
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2 Answers | Asked in Estate Planning, Health Care Law, Elder Law and Public Benefits for California on
Q: Is giving somone full authority on a brokerage account treated like a joint account for medicaid look back rules?

My parents are divorced. My mother gave my father "full authority" to her brokerage account so he could make trades for her. My father may need medicaid in the future and I'm worried that by granting him "full authority" on the brokerage account, he might incur a medicaid... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Feb 13, 2023

The phrase "full authority" does not provide enough information. If your mother added your father as a co-owner, then the account would be an asset countable to your father and, yes, the transfer could generate a penalty period but that would be if your mother applies for Medicaid, not... Read more »

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1 Answer | Asked in Public Benefits and Business Law for California on
Q: Need advice on requirements on unifying an unincorporated association with a public benefit corporation.

We are an unincorporated association with members that do philanthropic work in the community. We want to unify with our sister entity, a public benefit corporation which manages the property we and other community groups use for meetings. The members of the public benefit corporation are the... Read more »

Matthew Morris
Matthew Morris
answered on Jan 10, 2023

An unincorporated association does not need permission from the Secretary of State to give away its property and dissolve, but an unincorporated association that exists for charitable purposes almost certainly needs to get permission from the Attorney General's office. Groups that have assets... Read more »

1 Answer | Asked in Public Benefits and Business Law for California on
Q: What methods may a public benefit corporation in California use for member voting? Is in person plus mail in ok?

We need a quorum of 50% of members to pass a resolution. We may not have 50% available to vote in person. Is an email ballot to be mailed in and opened during the meeting sufficient?

Matthew Morris
Matthew Morris
answered on Jan 10, 2023

The law allows for voting by mail or email, but the question of whether a particular organization can take advantage of those methods depends on certain facts.

To start with "unless prohibited in the articles or bylaws, any action which may be taken at any regular or special meeting of...
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1 Answer | Asked in Employment Law, Gov & Administrative Law and Public Benefits for California on
Q: Is it legal in the US (California) for an employer to willfully allow undocumented workers to use someone else’s social?

Is it legal for an employer to knowingly allow employees to use someone else’s social, someone who has never step foot or worked for the employer, and have them on payroll? No, the employer isn’t sponsoring the current undocumented workers either.

Can someone provide me with actual... Read more »

Neil Pedersen
Neil Pedersen
answered on Jan 5, 2023

Yes it is illegal for an employer to knowingly employ those without the legal right to work in the US. However, you have no standing to bring a legal action. The law is to be enforced by Immigration/Homeland Security. The law is found in the Immigration laws, specifically the IRCA.

The...
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1 Answer | Asked in Public Benefits for California on
Q: Is a California nonprofit public benefit corporation required to distribute a percentage of its assets annually ?
Matthew Morris
Matthew Morris
answered on Dec 3, 2022

It depends.

Let's start with one assumption: that there is no provision in the corporation's bylaws or other governing documents that requires distributions. If the governing body of the corporation has voted to require annual distributions, then the leadership of the...
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1 Answer | Asked in Public Benefits for California on
Q: How soon before an election date can candidates begin door to door canvassing?
James R. Dickinson
James R. Dickinson
answered on Nov 15, 2022

Are you planning your run? If so, find a local attorney to advise your campaign. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Criminal Law, Civil Litigation, Libel & Slander and Public Benefits for California on
Q: Why isn't there a disclaimer before the start of Tucker Calson's show?

A federal judge dismissed a lawsuit against Fox News after lawyers for the network argued that no "reasonable viewer" would take the network's primetime star Tucker Carlson seriously.

Why isn't there a public disclaimer before the start of every show informing it's... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Nov 1, 2022

i wonder the same thing.

it wouldn't hurt for someone with the means to take a crack at it.

it won't be cheap.

1 Answer | Asked in Consumer Law and Public Benefits for California on
Q: I fell off the Monkey bars at the gym and fracture my leg. Could I sue for physical damage?

I wasn't able to walk and lost my Job. I still have problems with my leg.

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

You could sue. My guess is the gym had you sign a waiver when you joined, so you'll have to contend with that. Speak with a local litigation attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You... Read more »

1 Answer | Asked in Banking, Gov & Administrative Law and Public Benefits for California on
Q: Can the government (EDD) garnish federal student loan money, if it's my only source of income?

I know the government can garnish your bank account or paycheck, but what if your only source of income *is* the government (e.g. unemployment, welfare, federal student loans)?

Can/do they still garnish the funds?

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

A loan is not income. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Public Benefits for California on
Q: Is it possible to get a lawyer to assist with an interstate adult for a mental health patient
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 16, 2022

I would look into a law firm with multiple offices in different states. That way their offices can work in tandem.

1 Answer | Asked in Workers' Compensation, Legal Malpractice and Public Benefits for California on
Q: Hi. I was Not Paid Not Any Weekly/ Monthly Indemnity while I Attended Eight Weeks of Attending Chronic Pain Doc. My Atty

My Attorney told Me I Could Not Receive Three Disability at a Time. I Attend from 2013 to 2019 with My New PTP given to Me. I did Not Get Paid Nothing. Not Even Mileage. Only My SSDI and My Pension Owed to Me. I Attend Every Month. His Assessment Read. This Man is "PTD" SHALL NOT LIFT... Read more »

Haleh Shekarchian
PREMIUM
Haleh Shekarchian
answered on Aug 1, 2022

You may be entitled to temporary disability and permanent disability payments. However you can not collect both state disability and worker’s compensation temporary disability at the same time. That would be double recovery. You are also entitled to Milage.

More information is necessary...
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3 Answers | Asked in Public Benefits, Personal Injury and Health Care Law for California on
Q: I’m in California I was just wondering if the air filters in public bathrooms contain poo and aren’t changed can u sue?

And if so what are the steps to ?

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jul 25, 2022

Well, the issue would be whether there is any evidence that the entity responsible for maintaining that bathroom was negligent in maintaining the air filters, or knew of such harmful substance existing in the filters and allowed it to remain there causing actual injury to users of the restroom.

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1 Answer | Asked in Social Security and Public Benefits for California on
Q: SSDI application declined

I've had submitted an on-line application for SSDI, but it was declined because I "have not worked long enough under SS". Even though my SS statement says that I have 40 work credits necessary for benefits, they apparently looked only at the last 10 years of taxable income.... Read more »

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jun 16, 2022

To be eligible for SSDI disability benefits, you must meet BOTH a recent work test and a duration work test. The number of credits necessary to meet the recent work test depends on your age. In general, the rules are as follows:

Before age 24 - You may qualify if you have 6 credits earned...
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1 Answer | Asked in Employment Law, Gov & Administrative Law and Public Benefits for California on
Q: can you be denied from asking to speak with a supervisor or manager if following the chain of command?
Maya L. Serkova
Maya L. Serkova
answered on May 24, 2022

The short answer: Yes, you can be denied. However, your post does not disclose the facts why you need to speak to the supervisor. For example, if you need to relate a discrimination complaint based on your membership in a protected class or retaliation for engagement in protected activity, then the... Read more »

1 Answer | Asked in Gov & Administrative Law and Public Benefits for California on
Q: Can i put ad on money? like put link of my website in 1$ bill. If yes how many of them i can do without any issuese?

Is it legal?

Can i print on money?

will it consider as vandalism if its small and its in the corner?

is it good idea?

Maurice Mandel II
Maurice Mandel II
answered on Nov 17, 2021

No, it is not a good idea, it is a bad idea. You would be committing a Federal Crime by defacing currency. You would be investigated by agents from the U.S. Treasury or the Secret Service. The more money you print on the more likely you are to be caught. More people today use electronic... Read more »

2 Answers | Asked in Gov & Administrative Law, Public Benefits and Social Security for California on
Q: I will be going before an Administrative Law Judge for Social Security disability benefits. Any clinics around to help?
Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Sep 15, 2021

There may be a local law school with a clinic for disability benefits so you could call around and ask. If you are concerned about not having money to pay a lawyer you don’t need to worry about that. You don’t pay up front and the attorney only gets paid a percentage of your back benefits if... Read more »

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1 Answer | Asked in Family Law and Public Benefits for California on
Q: Do I have to sign the case # HF06254872? I felt harassed as her lawyer just attached 271 sanctions. I live in Chico.

It is related to CalPers retirement which we signed agreeing to keep my and she keep her pension in a divorce case 11 years ago. I was served by her son in law, but I still did not sign as I do not know what they wants from me except for my signature for??? I just am afraid that she will go... Read more »

Tobie B. Waxman
Tobie B. Waxman
answered on Jul 30, 2021

As we have no idea what you are talking about and no idea what it is you are being asked to sign it's impossible to respond to this question meaningfully.

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