rising cost of long term medial care

The Rising Costs of Long-Term Medical Care

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Have you ever wondered what would happen to you if you were to suffer a debilitating injury or a medical condition that might require long term care? As unpleasant as it might be to think about, it is a possibility you should plan for.

By 2030, approximately 24 million people in the US could require some form of long-term care. The cost of long-term care, on the other hand, keeps rising to unaffordable levels. A survey conducted by Genworth in 2019 revealed that the annual cost of a private room in a long-term care facility can be as much as $100,000. Home health aide and homemaker services can be just as expensive – costing up to $50,000 per year.

Reasons behind the Rising Costs of Long-Term Care

Many reasons can be attributed towards the skyrocketing costs of long-term care in the country. The shortage of skilled and trained caregivers is said to be among the main reasons. Experts say that the long-term care industry is understaffed and might not be able to meet the rising demand for high-quality home care and assisted living care services.

The rapidly growing population of older adults in the country – currently estimated at 55 million – has also resulted in a massive increase in demand for long-term care. Data shows that every day, 10,000 people in the US turn 65. Among these, at least 7 out of 10 might require long-term care.

Moreover, an increasingly large number of older adults in the country have at least one chronic condition and the level, quality, and complexity of care required for these people has also increased substantially in the recent past. As a result, the cost of long-term care services across the country has become prohibitively expensive.

With this being the case, it is important for you to include long-term care planning into your estate plan. How do you do that? Let us take a look.

Steps to Take for Long-Term Care Planning

Long-Term Care Insurance

Long-term care insurance policies are designed to cover the expenses associated with your care (at home or at a facility). The policy will kick in if you become physically or mentally impaired and are not able to perform what are called activities of daily living, which include bathing, toileting, dressing, eating, and moving around on your own.

Ideally, you should buy long-term care insurance between the ages of 45 and 55. The older you get, the higher your premiums will be.

Life Insurance and Annuities with Long-Term Care Riders

If you cannot afford to buy long-term care insurance, you can choose to buy life insurance with long-term care riders. Similarly, annuities with long-term care riders are also a good choice for those who cannot afford long-term care insurance.

Deferred Annuities

With deferred annuities, you can invest a sum of money upfront and receive monthly payments once you reach a certain age. While these are not specifically designed for long-term care, they can provide you with monthly payments which can help you cover the costs associated with your care – or any other expense for that matter.

Medi-Cal

Medi-Cal can be a good option for those who cannot afford privately paid care. While you cannot expect to receive the same level of care that you might receive at a private nursing home, Medi-Cal can provide you with the basic level of care – as deemed necessary by a physician.

The Medi-Cal program has strict eligibility criteria which you need to meet in order to be able to receive the benefits. An experienced estate planning attorney might be able to help you qualify for Medi-Cal without exhausting your life savings.

Trust Planning and Advance Healthcare Directives

If you have a substantial amount of assets, you can put them into a trust and make sure they are managed in such a way that you can get the funds you need for your long-term care in the future. In addition to that, creating an advance healthcare directive might also be necessary, as you need to make sure someone you trust can make healthcare decisions on your behalf in case you are unable to do so due to physical or mental incapacity.

Need to Plan for Your Long-Term Care? Our California Estate Planning Attorneys Can Help You!

The costs of long-term care can be unexpectedly high – especially if you become severely impaired as a result of a disease or chronic condition. So, it is important to plan ahead and make sure you have the resources you need to meet the costs associated with your care.

The estate planning attorneys at Garmo & Garmo have several decades of experience helping people with their estate planning and long-term care needs. We can create a comprehensive estate plan that takes your long-term care as well as other needs into account and update it as and when needed.

To find out how we can help you with your long-term care planning, call us today at 619-441-2500 or contact us online and schedule a free consultation. 

revocable trust

What is a Revocable Trust and Do I Need One?

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One of the key responsibilities of life is to ensure that your wealth and assets are securely passed on to your loved ones after you’re no longer there. A revocable trust – sometimes also referred to as a revocable living trust – is an estate planning tool using which you can make sure your assets are managed and passed on to your beneficiaries exactly according to your wishes in the event of your death.

How Does a Revocable Living Trust in California Work?

A revocable trust usually involves three parties – the grantor (the party that forms the trust), the trustee (the party that manages the trust), and the beneficiaries (the parties that benefit from the trust).

Under the law, the grantor can also be the trustee, which means you can manage your own trust for as long as you want to or until you become incapacitated or die. You can designate a successor trustee, who will take over your duties and manage your trust in the event of your incapacitation or death.

Once you set up a trust, you are required to transfer your assets into it. You can choose to transfer assets in and out of your revocable living trust any time you want.

As the grantor, you have the right to decide how the assets in your trust should be managed, how the income generated from the trust’s assets should be distributed, and how the assets should be divided and passed on to your beneficiaries in the event of your death. You can amend or change the terms any time you want, for any reason.

Why You May Need a Revocable Living Trust

Avoiding Probate

The primary reason for creating a revocable living trust is to avoid probate in the event of your death. Probate is a legal procedure wherein a court-appointed executor will settle your debts (if any), pay your tax obligations (if any), and divide and distribute the rest of the assets among your beneficiaries.

The problem with probate is three-fold:

  • First, it is a public process. The information related to your estate will be entered into court records and can be accessed by the public.
  • Second, it is a time-consuming procedure. On average, it can take anywhere from 12 to 18 months for an estate to go through probate in California. If there are any legal complications, it can take much longer.
  • Third, it is expensive. California is only of the few states where probate attorneys are allowed to charge what is called a statutory fee, which is a percentage of your estate’s value. If your estate is worth $15 million or more, the attorney might charge 0.5% of the estate’s value or even more, which can be quite significant.

On the other hand, if you set up a revocable living trust, your successor trustee will step into your shoes in the event of your death and make sure your assets get distributed exactly according to your wishes – without any legal intervention from the probate court.

Avoiding Legal Intervention in the Event of Your Incapacitation

In the absence of a legally valid trust, the probate court will intervene in the event of your incapacitation and appoint a conservator to manage your assets. The person chosen by the court might not be someone you would have wanted to manage your assets.

On the other hand, a trust allows you to designate a successor, who will manage your trust exactly as per your wishes in the event of your incapacitation. You can also designate an alternative, who can manage your trust if the successor is unable or unwilling to manage the trust.

Having Control over How Your Assets Are Divided in the Event of Your Death

A revocable living trust allows you to dictate terms regarding how your assets should be managed, divided, and distributed after your death. If you want to give someone a larger share, give someone else a smaller share, remove someone as a beneficiary, or want to make sure your beneficiaries only get a share of the income generated by your assets and not inherit it outright, or impose any other kind of restrictions – you can put it all in your trust document.

Need to Set Up a Revocable Living Trust? We Can Help

If you have substantial assets, it is important for you to have an estate plan in place, failing which your estate will have to go through probate in the event of your death. At Garmo & Garmo, we have experienced estate planning attorneys who can help you make out a will, advanced healthcare directive, revocable trust, or an irrevocable trust – depending on your needs.

With over 80 years of combined experience and legal knowledge, we are well-equipped to handle all your estate planning needs. To discuss your needs with one of our lawyers, call us today at 619-441-2500 or contact us online and schedule a free consultation. 

self driving cars accidents

Who Is Liable for a Self-Driving Vehicle Accident?

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Several technology companies, in collaboration with motor vehicle manufacturers, are at various phases of development and testing of self-driving vehicles. The core idea is that since human error causes most auto accidents, self-driving cars could potentially save lives.

Removing human error from the roadways is certainly an understandable endeavor. However, when self-driving vehicles are involved in crashes, the issue of legal liability for the accident remains to be determined.

Issues Automation Seeks to Avoid

According to the National Highway Traffic Safety Administration (NHTSA), human error is the reason for a large percentage of all vehicle accidents. Nearly 40,000 people lose their lives in vehicle accidents in the US each year. The Insurance Institute for Highway Safety (IIHS) reports that 94 percent of auto collisions in the US occur due to human error.

There are massive economic costs to vehicle accidents, from property damages to lost productivity in the workplace. For many of these issues, self-driving cars are seen as a potential solution. However, devastating accidents involving autonomous vehicles have raised concerns regarding liability.

Who is Liable When an Autonomous Vehicle Injures People?

In a car accident under normal circumstances, California law holds the at-fault party liable for all damages and losses that they caused. When an automobile is technically driving itself, the liable parties still must be identified. Generally speaking, liability occurs due to one or more of the following issues:

Human Error

The first place an injury victim should assess is still human error. Even the most advanced technology cannot protect the public from reckless human operators if the human motorist has ultimate control of the automobile. Could the backup motorist have done something to prevent the accident? If a motorist does not remain alert while behind the wheel or misuses the technology, then that driver may be at fault for the collision. In certain accidents, another vehicle’s operator may make a mistake.

Automobile Malfunction

At times, technology simply fails. Anyone who has driven a regular vehicle knows that brakes can malfunction, engines can fail, and parts can be faulty. If a driverless automobile is being operated correctly and as designed but somehow malfunctions, then the automaker may be the liable party for any injuries that the defective vehicle caused.

Lax Government Regulations

A government regulatory body that allows self-driving vehicles to be tested on public roads may potentially be accountable for allowing experimental vehicle testing on public roadways if the testing exposes the public to an unreasonable risk of harm.

Faulty Design or Manufacturing

Sometimes the vehicle’s design is defective. For example, there have been conventional vehicles that were manufactured with centers of gravity that were too high, leading to rollover accidents. Does a self-driven vehicle have a design fault in the auto-pilot technology that the manufacturer should have recognized? Self-driving cars will raise new questions on the matter of liability.

How is Insurance Managed in Self-Driven Vehicle Accidents?

It is crucial to understand that a product’s manufacturer is still liable for what harm that product causes. Presently, there are no automobiles in use on California highways that function entirely without human assistance. A human operator still has some degree of control and responsibility for navigating an autonomous vehicle. The vehicle’s operator and manufacturer are primarily responsible for what the vehicle does, at least for the time being.

Over time, consumers should expect greater levels of autonomy, which may eventually lead to completely autonomous cars that do not require human intervention. But that is several years in the future. When society reaches that point, then the responsibility for a crash would probably shift more to the manufacturers and designers of the autonomous vehicle. Until then, the responsibility will likely be shared.

Compensation for Self-Driving Vehicle Crashes

There are various ways to collect compensation for an autonomous vehicle crash. You may be entitled to the following damages:

Medical Expenses

As an injury victim, you can seek compensation for medical expenses, including emergency room visits, doctor consultations, medical care, drugs, surgeries, and rehabilitation costs as a part of your claim.

Property Damage

Compensation for property damage includes reimbursement of repair or replacement expenses for any personal property destroyed or damaged by a self-driven vehicle.

Pain and suffering

Catastrophic injuries commonly occur in accidents that involve pedestrians. Such injuries can warrant compensation for the physical and psychological harm caused by the crash and the failure of the defendant to recognize and address the hazards.

Lost Earnings

If your injuries require you to take time off work, you can claim lost income or even future lost income (in case your injuries cause permanent impairment or disability).

Southern California Personal Injury Attorneys are Here to Help

If you have sustained a severe injury or lost a loved one due to another’s recklessness, you deserve qualified and aggressive legal representation right from the outset of your case. The law sets a time limit on how long you can wait to sue those responsible, so don’t delay seeking help. The seasoned legal team at Garmo & Garmo in La Mesa, CA stands ready to help with even the most difficult cases. Contact us today at (619) 441-2500 for a free case review.

Coronavirus Workplace Update

Coronavirus Workplace Update: July 2, 2020

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Recently, the California Division of Occupational Safety & Health (DOSH) sent out an email to workplaces across the State of California.  Their message?  Please ensure this … is delivered to the owner, operator or manager who is responsible for workplace safety and health. 

In the email, DOSH stressed the importance of maintaining a safe workplace to avoid the need for additional stay-at-home orders.  DOSH provided numerous links to additional resources for business owners and employees to utilize to maintain and promote a safe workplace.

Below is a copy of the entire email, with links available to the resources provided by DOSH.

This is a very unusual time, and guidance is changing very rapidly.  We will continue to monitor the latest developments surrounding COVID-19 and provide more information as it becomes available. 

Our office is currently open and taking all the necessary precautions to continue serving your legal needs safely.  If you have any questions our would like to speak to one of our attorneys, please contact our office today for a free consultation or message us online.

(View pdf version)

san diego courthouse

Criminal case status after the court reopened

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Following a closure from March 17, 2020 through May 25, 2020 for all non-emergency services, the San Diego Superior Court has reopened for most business operations.  With that being said, court hearings are still limited to video or telephone conferences only. 

The court has released guidance regarding criminal procedures now that they have reopened.  Here is a summary of the most important developments:

  1. All criminal hearings after March 16, 2020 will be vacated and reset for future hearings.  All individuals will be notified of their new hearing date within 90 days of May 26, 2020.
  • All due dates for proofs of completion that were due from March 17, 2020 through May 22, 2020 (excluding some specific programs) have been extended for 90 days from May 26, 2020.  If you need to submit proof of completion to the Court, you can either mail the proof or drop it off.
  • All court-ordered program enrollment between March 17, 2020 through May 22, 2020 (excluding some specific programs) have been extended for 90 days from May 26, 2020.  All dates to enroll in court-ordered SCRAM between March 17, 2020 through May 22, 2020 have been extended for 30 days from May 26, 2020.  If you were unable to enroll in a program and need new paperwork, you will need to contact the Court.
  • If you were ordered to pay fines and fees to the Court or Court Collections, and your date was between March 17, 2020 and May 22, 2020, your date to pay is extended 45 days from May 26, 2020 to July 10, 2020.  You can pay your fine by mail or express drop box.  If your payment is due to one of the third-party payment servicers, please contact them directly (Alliance One, GC Services, Office of Revenue and Recovery).

Source:   San Diego Superior Court; 

http://www.sdcourt.ca.gov/portal/page?_pageid=55,2053814&_dad=portal&_schema=PORTAL

Please visit the San Diego Superior Court website for the most up to date information. 

Each criminal case is unique and has its own facts and circumstances, so it is best to speak with an experienced criminal defense attorney about your rights during the Coronavirus pandemic.  The experienced criminal defense attorneys at Garmo & Garmo, LLP are staying informed of the latest updates from the Court.  If you have questions about your specific case, please contact our office at (619) 441-2500 or send us a message.

coronavirus and family law

What is the status of my family law case during COVID-19?

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As you know, the Coronavirus pandemic has turned normal life upside down, and our court system has not been immune to this.  On March 17, 2020, the Presiding Judge of the San Diego Superior Court closed all courthouses and courtrooms to the public, except for “time-sensitive, essential functions.” Since March 17, 2020, the court has released numerous updates regarding the Court and their operation. 

On April 30, 2020, the Court extended the court closure until May 22, 2020, with a reopening date of May 26, 2020.  Once the Court reopens, there will surely be additional guidance regarding the new safety measures that will be implemented to enter the courthouses. 

Through May 22, 2020, access to any and all San Diego Superior courthouses shall be authorized and restricted per San Diego Superior Court General Order No. 043020-47, as follows:

  1. Through May 22, 2020, access to any and all courthouses, courtrooms, business offices, and public areas shall be restricted at all times to judges, commissioners, court staff, persons seeking services authorized by the court, persons required to appear for scheduled hearings, and authorized personnel;
  2. Through May 22, 2020, access to any and all court proceedings, including, but not limited to, arraignments, preliminary hearings, and ex partes, shall be limited to parties, their attorneys, witnesses subpoenaed to testify or statutorily permitted to attend, and other authorized persons;
  3. The term “authorized persons” in paragraphs 1 and 2 above includes, but is not limited to, news reporters and news media representatives subject to prior approval pursuant to the procedures outlined in the California Rules of Court, the San Diego Superior Court Rules, San Diego Superior Court General Order of the Presiding Department, Order No. 010120-02, or any other application rule, order, or policy;
  4. This order does not restrict or otherwise abrogate the express and inherent authority of the Court and its judge to provide for the orderly conduct of proceedings, including the decision to permit or deny access to any courtroom or hallways adjacent to courtrooms;
  5. Social distancing of at least six (6) feet shall be enforced in all courthouses, courtrooms, business offices, and public areas to the extent possible.

However, despite the Court’s closure, some family court services are still currently available.

Family Law Services That Are Available in the San Diego Superior Court During COVID-19

  1. Initial ex parte requests for domestic violence temporary restraining orders.
  2. Requests to renew restraining orders that are expiring.
  3. Ex parte requests for emergency orders for all types of Family matters.
  4. Emergency surrogacy order requests.

Source: http://www.sdcourt.ca.gov/pls/portal/docs/PAGE/SDCOURT/GENERALINFORMATION/FORMS/ADMINFORMS/ADM385.PDF

Additional Guidance from the Court

  1. If you have a court date (trial or other hearing) that is between March 17, 2020 and May 22, 2020, the hearing will be rescheduled and notice of the nearing hearing dates will be mailed out. The Court requests you do not physically go to the court to get more information.  If you have an attorney, reach out to your attorney.  If you do not, please refer to the Court’s website (www.sdcourt.ca.gov) for up-to-date information.
  • The San Diego Superior Court has suspended the acceptance of paper and e-File documents in the Family Law Business Office. The exception to this are paper filings related to the hearing types listed above. Filings that were submitted prior to the Court’s closure will be honored for the date they were received. Any items received after the closure will be honored for the date the Court reopens
  • All dates from March 17, 2020 to April 30, 2020, inclusive, have been deemed holidays for purposes of computing time for filing papers under Code of Civil Procedure §§ 12 and 12a.
  • All dates from March 17, 2020 to April 30, 2020, inclusive, have been deemed holidays for purposes of computing time under Code of Civil Procedure § 1167 (five (5) day period within which defendant must respond to a complain in an unlawful detainer action).
  • Any restraining order after hearing that is set to expire during the state of emergency related to the COVID-19 pandemic is automatically extended for 90 days from the date of expiration to enable a protected party to seek renewal of the restraining order.

Please visit the San Diego Superior Court website for the most up to date information regarding the court.

Each family law case is different and has its own unique facts and circumstances. There are additional, special procedures that must be followed for family law services available during the Court’s closure. If you need assistance with family law services during the Court’s closure, speak to an experienced family attorney about your rights during the Coronavirus pandemic. The experienced family law attorneys at Garmo & Garmo, LLP are staying informed about the latest updates from the San Diego Superior Court and are familiar with the Court’s temporary procedures.  If you have questions about your specific case, please contact our office at (619) 441-2500 or send us a message.

criminal cases during covid-19

What is the Status of My Criminal Case during COVID-19?

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As you know, the Coronavirus pandemic has turned normal life upside down, and our court system has not been immune to this.  On March 17, 2020, the Presiding Judge of the San Diego Superior Court closed all courthouses and courtrooms to the public, except for “time-sensitive, essential functions.” Since March 17, 2020, the court has released numerous updates regarding the Court and their operation. 

On April 30, 2020, the Court extended the court closure until May 22, 2020, with a reopening date of May 26, 2020. Once the Court reopens, there will surely be additional guidance regarding the new safety measures that will be implemented to enter the courthouses. 

Through May 22, 2020, access to any and all San Diego Superior courthouses shall be authorized and restricted per San Diego Superior Court General Order No. 043020-47, as follows:

  1. Through May 22, 2020, access to any and all courthouses, courtrooms, business offices, and public areas shall be restricted at all times to judges, commissioners, court staff, persons seeking services authorized by the court, persons required to appear for scheduled hearings, and authorized personnel;
  2. Through May 22, 2020, access to any and all court proceedings, including, but not limited to, arraignments, preliminary hearings, and ex partes, shall be limited to parties, their attorneys, witnesses subpoenaed to testify or statutorily permitted to attend, and other authorized persons;
  3. The term “authorized persons” in paragraphs 1 and 2 above includes, but is not limited to, news reporters and news media representatives subject to prior approval pursuant to the procedures outlined in the California Rules of Court, the San Diego Superior Court Rules, San Diego Superior Court General Order of the Presiding Department, Order No. 010120-02, or any other application rule, order, or policy;
  4. This order does not restrict or otherwise abrogate the express and inherent authority of the Court and its judge to provide for the orderly conduct of proceedings, including the decision to permit or deny access to any courtroom or hallways adjacent to courtrooms;
  5. Social distancing of at least six (6) feet shall be enforced in all courthouses, courtrooms, business offices, and public areas to the extent possible.

The Court is also trying to create new options to hold various hearings via video/phone systems, but these hearings will likely be limited to “time-sensitive, essential functions,” which is a vague term used by the Court.  However, some guidance has been provided as it relates to criminal cases.  It is important to understand this is a very fluid situation, and the guidance changes frequently.  The following is provided by the Court as of May 4, 2020.

Services That May Be Provided by the San Diego Superior Court During the Covid-19 Pandemic

  1. In-custody miscellaneous criminal hearings including, but not limited to, change of plea, arraignment, and preliminary hearings, via video/audio systems.
  2. Petitions for writs of habeas corpus, including related motions and filings.
  3. Requests and orders to lower or increase bail or order pre-arraignment release on defendant’s own recognizance.
  4. Requests and orders to release from custody (pre-sentencing or in connection with revocation proceedings) pursuant to stipulation and stipulated Pen. Code § 977 waivers for preliminary hearings with defendant’s release.
  5. Probable cause determinations for persons arrested without a warrant.
  6. Search warrant requests by law enforcement.
  7. Petitions for Expungement under Penal Code § 1203.4.

Source: http://www.sdcourt.ca.gov/pls/portal/docs/PAGE/SDCOURT/GENERALINFORMATION/FORMS/ADMINFORMS/ADM385.PDF

Additional Guidance from the Court

  1. If you have a court date (trial or other hearing) that is between March 17, 2020 and May 22, 2020, the hearing will be rescheduled and notice of the nearing hearing dates will be mailed out. The Court requests you do not physically go to the court to get more information.  If you have an attorney, reach out to your attorney.  If you do not, please refer to the Court’s website (www.sdcourt.ca.gov) for up-to-date information.

This rule generally applies to out of custody defendants. If the defendant is in-custody, different rules could apply, as discussed above. The Court has provided additional guidance regarding in-custody defendants and time-sensitive, essential functions.  The guidance can be found on the Court’s website.

  • If you have due dates for court-ordered programs that fall between March 17, 2020 and May 22, 2020, the Court has indicated they will extend these deadlines.  The Court requests you do not physically go to the court to get more information. If you have an attorney, reach out to your attorney. If you do not, please refer to the Court’s website (www.sdcourt.ca.gov) for up-to-date information.
  • All dates from March 17, 2020 to April 30, 2020, inclusive, have been deemed holidays for purposes of computing time under Penal Code § 825. Beginning May 1, 2020, the emergency holiday designation for purposes of Penal Code § 825 no longer applies.
  • The Court extends the time period in Penal Code § 825 within which a defendant charged with a felony offense must be taken before a magistrate from forty-eight (48) hours to not more than seven (7) days, applicable only to cases in which the statutory deadline otherwise would expire from May 1, 2020 to May 22, 2020, inclusive.
  • The Court extends the time period provided in Penal Code § 859b for the holding of a preliminary examination from ten (10) court days to not more than thirty (30) court days, applicable only to cases in which the statutory deadline otherwise would expire from March 17, 2020, to May 22, 2020, inclusive. (See Statewide Emergency Order by Hon. Tani Cantil-Sakauye, March 30, 2020).
  • The Court extends the time period provided in Penal Code § 1382 for the holding of a criminal trial by ninety (90) days, applicable only to cases in which the statutory deadline otherwise would expire for March 17, 2020, to June 15, 2020, inclusive.  (See Statewide Emergency Order by Hon. Tani Cantil-Sakauye, April 29, 2020).

Please visit the San Diego Superior Court website for the most up to date information regarding the court.

Each criminal case is different and has its own unique facts and circumstances, so speak to an experienced criminal defense attorney about your rights during the Coronavirus pandemic. The experienced criminal defense attorneys at Garmo & Garmo, LLP are staying informed about the latest updates from the San Diego Superior Court. If you have questions about your specific case, please contact our office at (619) 441-2500 or send us a message.

civil cases during coronavirus

What is the status of my civil case during COVID-19?

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As you know, the Coronavirus pandemic has turned normal life upside down, and our court system has not been immune to this. On March 17, 2020, the Presiding Judge of the San Diego Superior Court closed all courthouses and courtrooms to the public, except for “time-sensitive, essential functions.”  Since March 17, 2020, the court has released numerous updates regarding the Court and their operation. 

On April 30, 2020, the Court extended the court closure until May 22, 2020, with a reopening date of May 26, 2020.  Once the Court reopens, there will surely be additional guidance regarding the new safety measures that will be implemented to enter the courthouses. 

Through May 22, 2020, access to any and all San Diego Superior courthouses shall be authorized and restricted per San Diego Superior Court General Order No. 043020-47, as follows:

  1. Through May 22, 2020, access to any and all courthouses, courtrooms, business offices, and public areas shall be restricted at all times to judges, commissioners, court staff, persons seeking services authorized by the court, persons required to appear for scheduled hearings, and authorized personnel;
  2. Through May 22, 2020, access to any and all court proceedings, including, but not limited to, arraignments, preliminary hearings, and ex partes, shall be limited to parties, their attorneys, witnesses subpoenaed to testify or statutorily permitted to attend, and other authorized persons;
  3. The term “authorized persons” in paragraphs 1 and 2 above includes, but is not limited to, news reporters and news media representatives subject to prior approval pursuant to the procedures outlined in the California Rules of Court, the San Diego Superior Court Rules, San Diego Superior Court General Order of the Presiding Department, Order No. 010120-02, or any other application rule, order, or policy;
  4. This order does not restrict or otherwise abrogate the express and inherent authority of the Court and its judge to provide for the orderly conduct of proceedings, including the decision to permit or deny access to any courtroom or hallways adjacent to courtrooms;
  5. Social distancing of at least six (6) feet shall be enforced in all courthouses, courtrooms, business offices, and public areas to the extent possible.

However, despite the Court’s closure, some civil court services are still currently available.

Civil Services That Are Available in the San Diego Superior Court During COVID-19

  1. Initial ex parte requests for gun violence emergency protective orders, and civil harassment, elder abuse, gun violence, workplace violence, and school violence temporary restraining orders.
  2. Requests to renew restraining orders that are expiring
  3. Emergency (ex parte) lockout proceedings in landlord-tenant disputes (Unlawful Detainer).
  4. Petitions for writs seeking emergency relief in landlord-tenant matters (Unlawful Detainer).
  5. Emergency writs challenging COVID-19 quarantines/emergency measures. •Motions for new trial pursuant to Code Civ. Proc. §§ 656 et seq.
  6. Motions for judgment notwithstanding the verdict pursuant to Code Civ. Proc. § 629.
  7. Abatement warrants.
  8. Ex parte requests seeking emergency temporary restraining or protective orders of any type.
  9. Emergency ex parte hearings regarding claims of exemption.
  10. Ex parte petitions to approve compromised/disputed claims (for minors or disabled persons only).
  11. Ex parte hearings to stop utility shut-offs from occurring.
  12. Claim of right to possession in Unlawful Detainer proceedings.
  13. Acceptance of security and appeal bonds.
  14. Upon remittitur from the California Supreme Court or a California Court of Appeal, the issuance, filing, and processing of documents, including orders and judgments, to effectuate orders issued by the appellate court.
  15. The court may issue orders in cases in which the matter has been under submission and the court finds it necessary to issue and file the order in order to comply with the ninety (90) day deadline set forth by article VI, section 19 of the California Constitution.
  16. Processing final orders/judgments after hearing for matters heard prior to the closure of the court on March 17, 2020.

Source: http://www.sdcourt.ca.gov/pls/portal/docs/PAGE/SDCOURT/GENERALINFORMATION/FORMS/ADMINFORMS/ADM385.PDF

Additional Guidance from the Court

  1. If you have a court date (trial or other hearing) that is between March 17, 2020 and May 22, 2020, the hearing will be rescheduled and notice of the nearing hearing dates will be mailed out. The Court requests you do not physically go to the court to get more information.  If you have an attorney, reach out to your attorney.  If you do not, please refer to the Court’s website (www.sdcourt.ca.gov) for up-to-date information.
  2. The San Diego Superior Court has suspended the acceptance of paper and e-File documents in the Civil Business Office. The exception to this are paper filings related to the hearing types listed above. Filings that were submitted prior to the Court’s closure will be honored for the date they were received. Any items received after the closure will be honored for the date the Court reopens
  • All dates from March 17, 2020 to April 30, 2020, inclusive, have been deemed holidays for purposes of computing time for filing papers under Code of Civil Procedure §§ 12 and 12a.
  • All dates from March 17, 2020 to April 30, 2020, inclusive, have been deemed holidays for purposes of computing time under Code of Civil Procedure § 1167 (five (5) day period within which defendant must respond to a complain in an unlawful detainer action).
  • Any restraining order after hearing that is set to expire during the state of emergency related to the COVID-19 pandemic is automatically extended for 90 days from the date of expiration to enable a protected party to seek renewal of the restraining order.

Source:  http://www.sdcourt.ca.gov/pls/portal/docs/PAGE/SDCOURT/GENERALINFORMATION/COVID-19INFO/SDSC%20GENERAL%20ORDER%20-%20THIRD%20IMPLEMENTATION%20ORDER%20043020-47.PDF

Please visit the San Diego Superior Court website for the most up to date information regarding the court. The link to the Coronavirus information page is:

http://www.sdcourt.ca.gov/portal/page?_pageid=55,2053814&_dad=portal&_schema=PORTAL

Each civil case is different and has its own unique facts and circumstances. There are additional, special procedures that must be followed for civil services available during the Court’s closure. If you need assistance with civil services during the Court’s closure, speak to an experienced civil attorney about your rights during the Coronavirus pandemic.  The experienced civil attorneys at Garmo & Garmo, LLP are staying informed about the latest updates from the San Diego Superior Court and are familiar with the Court’s temporary procedures.  If you have questions about your specific case, please contact our office at (619) 441-2500 or send us a message.

mortgage relief for covid-19

Coronavirus and Options for Mortgage Relief

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It’s no secret that the COVID-19 shutdown and shelter-in-place orders have resulted in job losses or reduced income for millions of homeowners nationwide. If you are among those financially impacted by the pandemic, you may be concerned about how you will be able to pay your mortgage during these unprecedented times. Federal and state governments, as well as financial institutions and loan servicers have announced plans to help struggling homeowners. The following summarizes some of the mortgage relief options that may be available to you.

CARES Act Relief Options for Federally Backed Mortgages

A new federal law, the Coronavirus Aid, Relief, and Economic Security (CARES) Act, puts in place two protections for homeowners with federally backed mortgages:

  • Lenders and loan servicers may not foreclose on you for at least 60 days after March 18, 2020. Specifically, the CARES Act prohibits lenders and servicers from beginning a judicial or non-judicial foreclosure against you, or from finalizing a foreclosure judgment or sale, during this period.
  • If you have a financial hardship directly related to the coronavirus pandemic, you have a right to request a forbearance for up to 180 days. You also have the right to request an extension for up to another 180 days. You must contact your loan servicer to request this forbearance. There will be no additional fees, penalties or additional interest (beyond scheduled amounts) added to your account. You do not need to submit additional documentation to qualify other than your claim to have a pandemic-related financial hardship.

If you don’t have a federally backed mortgage, you still may have relief options through your mortgage lender or loan servicer.

Are there any Mortgage Relief Options Mandated by the State of California?

There is no mandate, but the State of California is working to soften the financial impact of COVID-19 on residents who are struggling to pay their mortgage. Citigroup, JP Morgan Chase, US Bank, Wells Fargo, and nearly 200 state-chartered banks, credit unions, and servicers have committed to providing relief for consumers and homeowners in California. Under the Governor’s proposal, Californians who are struggling with the COVID-19 crisis may be eligible for the following relief upon contacting their financial institution:

  1. 90-Day Grace Period for Mortgage Payments – Financial institutions will offer, consistent with applicable guidelines, mortgage payment forbearances of up to 90 days to borrowers economically impacted by COVID-19. In addition, those institutions will:
  2. Provide borrowers a streamlined process to request a forbearance for COVID-19-related reasons, supported with available documentation;
  3. Confirm approval of and terms of forbearance program; and
  4. Provide borrowers the opportunity to request additional relief, as practicable, upon continued showing of hardship due to COVID-19.
  5. No Negative Credit Impacts Resulting from Relief – Financial institutions will not report late payments to credit reporting agencies, consistent with applicable guidelines, for borrowers taking advantage of COVID-19-related relief.
  • Moratorium on Initiating Foreclosure Sales or Evictions – For at least 60 days, financial institutions will not initiate foreclosure sales or evictions, consistent with applicable guidelines.
  • Relief from Fees – For at least 90 days, financial institutions will waive or refund mortgage-related late fees for customers who have requested assistance.

How Can Homeowners Request a Mortgage Relief Option?

Homeowners must contact and work directly with their mortgage lender or servicer to learn about, and apply for, available relief. Specific mortgage relief options will vary depending on the lender or servicer, but most are offering forbearance and loan modification programs. Other types of relief may apply to your circumstances. Please note that financial institutions and their servicers are experiencing high volumes of inquiries.

If you need help working with your lender or servicer, or advice understanding your mortgage relief options, you may want to reach out to a professional. Our team of business and real estate attorneys have many years of experience working with financial institutions, and we can help you get through these tough times. Reach out to us Garmo & Garmo today at (619) 441-2500, send us an email, or message us online for a free consultation.

medical malpractice attorneys in La Mesa

My doctor hurt me, but do I have a case for medical malpractice?

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Attorneys who practice personal injury law often meet with people who have suffered harm at the hands of their doctor. People who are injured through no fault of their own deserve fair compensation. However, cases against doctors (and other types of healthcare providers such as dentists, chiropractors, and nurses) are very different than the more common injury claims such as car accidents or slip and falls.  Because of these differences, law firms must look very closely at the facts before accepting these cases.

One of the biggest challenges attorneys have in representing people who have been injured by a doctor is proving that the doctor’s care is below what the medical community requires, or that the care fell below the professional “standard of care”.  The professional standard of care is identified by asking the following question: “Would a similarly skilled health care professional have provided essentially the same treatment under the same, or similar, circumstances?”  To answer this question, a very close examination of the facts is required, and attorneys often consult with medical experts early in the case to help make this determination. 

The evaluation of the standard of care can be quite complex. For example, medical textbooks may list many acceptable, but different, ways to treat an illness. Therefore, doctors have many choices for the treatment for their patients. It is not enough that a harmful or bad outcome resulted from a doctor’s care- there are no guarantees with any treatment. A bad outcome is not necessarily medical malpractice! What we have to show is that what the doctor did in a particular situation was significantly different than what every other doctor would do in a similar situation.  This is a difficult  process, and a law firm must be  able to show that the doctor failed to act ‘reasonably’ in order to seek compensation for a client.

Another significant challenge is the issue of “causation.” The injured person must not only prove that the doctor did not meet the “standard of care”, but that the poor care caused their injuries.  For example, let’s say that a doctor misread a report that showed that a patient had cancer.  Instead, the doctor told the patient that there was no cancer found. In this situation, it would be very easy to show that the doctor did not meet the standard of care. However, now we must also prove that the misdiagnosis caused the harm the patient is describing.  So, in this example, treatment may have been delayed due to a misdiagnosis. However, if the course of this patient’s cancer would not have been significantly changed even if the doctor read the report correctly, then we would be unable to prove “causation.” In other words, medical malpractice occurred because the doctor’s conduct did not meet the standard of care, but the harm that the patient suffered was not increased by the malpractice event.

There are some other aspects specific to medical malpractice cases which must be considered by both the attorney and the potential client:

  •  Because these cases involve medicine and medical care, the court requires that both the injured person, and the doctor being sued, use medical experts to testify at trial. The costs of hiring these experts can be surprisingly high with many thousands of dollars being spent on an average medical malpractice case. This is a cost that many injured people, and some attorneys, are unable to afford.
  • Doctors win cases against them approximately 80% of the time. That means that after a year or more of preparing for trial, and spending tens of thousands of dollars, the injured person walks away with no compensation and is often poorer for the effort!
  • Doctors go into a trial with an advantage that many other professionals do not have.  Jurors show a great deal of respect for doctors and their medical decisions, and often are willing to ignore a doctor’s failure to practice in the accepted manner because of this. Many cases have been lost because jurors felt that the doctor “did all he could,” despite evidence that what was done did not meet the standard of care.
  • Jurors often have difficulty understanding complicated medical testimony and this can lead to bad decisions, even in the presence of clear medical negligence. Often, when faced with complicated medical issues and testimony from experts from both sides, jurors take the defendant doctor’s word as truth.
  • The amount of money that a jury in California can award an injured person for their pain and suffering is $250,000.00.  That means that no matter how awful the injury and the pain associated with it, the maximum amount that can be provided by a jury is $250,000.00. This can be very unfair, particularly when the injured person is young and will have to live for decades with pain and suffering from a doctor’s bad treatment.

At Garmo & Garmo, we have years of experience in medical malpractice. We can evaluate your potential case, and we will always give you an honest opinion as to the likelihood of success in your particular matter.