May 7, 2020
PRACTICE AREAS



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Greetings,

May is Older Americans Month. As we have gone through the last few weeks, and as we look forward to the next few weeks, our adult clients are at the forefront of our minds. We are worried about their physical health and well-being, as well as their emotional, financial and mental health and well-being.
 
Despite some loosening of stay-at-home orders, we anticipate that our older adult clients in particular are going to be isolated longer than most everyone else. This year's theme of Older Americans Month is "Make Your Mark." We encourage you to #MakeYourMark by checking in on your older adult friends, family and neighbors, and by stepping up to ensure they are well-cared for. 
 
Many of the cases below involve older adult clients who are unlikely to be able to get assistance if we cannot help them. If you are able to take on a case this month, you will #MakeYourMark on the life of a deserving older adult.


 



Sincerely,
 




Leigh Ferrin
Directing Attorney, 
Pro Bono Programs
 

PLC is here to support you in your pro bono representation.

Did you know that PLC staff can:
      • Answer questions you may have related to your case;
      • Provide a mentor to help you;
      • Supply you with samples and manuals in many
      • areas of the law;
      • Review documents and pleadings;
      • Arrange office space for you to meet with your client at PLC; and
      • Provide malpractice coverage for your PLC pro bono case
Please contact  Leigh Ferrin  with any questions. 

REMOTE OPPORTUNITIES

Habeas Relief for Detained Immigrant Clients
PLC has been working with advocates around Southern California to file habeas petitions on behalf of detained immigrants, mostly in Adelanto. PLC is seeking additional volunteers to file these petitions to get the most medically vulnerable immigrants released and to safety where their health can be their priority. PLC has templates, samples and forms and can provide technical support as needed. Training may also be available. 

Immigration Assistance
Many of the Immigration cases that PLC handles can at least be started remotely, as many are form-based, and some are time-sensitive due to upcoming deadlines. PLC will be able to provide remote translation services for Spanish-speaking clients, and will provide technical assistance and sample as needed.  Please see the  Immigration  section below for specific cases.

Nonprofit Assistance
PLC continues to provide assistance to other nonprofits in the community that serve low-income individuals in Orange County. The assistance includes obtaining non-profit status with taxing authorities, contract negotiations, intellectual property and employment issues, among other questions. There may also be specific needs related to the impact from COVID-19 and any relief available. Please see the  Nonprofit section below for specific cases.

Small Business Assistance
PLC continues to provide assistance to low-income entrepreneurs on a variety of issues, including starting up, contract negotiation, intellectual property and other small business assistance. There may also be specific needs related to the impact from COVID-19 and any relief available. Please see the  Small Business section below for specific cases.

Social Security Disability Appeals in District Court
PLC seeks volunteers to provide representation in the filing and prosecution of their Social Security Disability Appeals to the Federal District Court. Volunteer Attorneys would electronically file the case initiating documents and assist with what will essentially be briefs on appeal. Timely filing in these cases is paramount, and because of the courthouse closure these litigants cannot file in person, which adds a barrier to them asserting their rights. PLC can provide technical assistance and sample briefs.
APPEALS

Social Security Disability Insurance Appeal, PLC 18E-1044793
Client is 53 years old and filed for Social Security Disability Insurance (SSDI) in 2010 when he could no longer work as a commercial plumber. He has a history of degenerative disc disease, PTSD, depression, carpal tunnel syndrome, cubital tunnel syndrome, and impingement of shoulder nerves. Client has also been fighting stage 3 prostate cancer, and is currently undergoing chemotherapy and radiation. Client was denied SSDI in August 2016 after an administrative appeal hearing. Client is being supported by his children, but no longer wants to be a burden on them. Client is seeking to reopen his SSDI case.
BANKRUPTCY

Adversary Proceeding - Discharge of Student Loans, PLC 20-1049401
Client is a bilingual Spanish/English speaker in her late-50s. She has approximately $35,000 in private student loan debt from attending a for-profit college that is now closed. Client has never found work in her field of study, and has the same job she had before attending college. Client also suffers from a chronic injury, and is unsure how much longer she can work. Client is seeking assistance discharging her private student loans in bankruptcy so she can improve her financial situation and move on with her life. 

Chapter 7 Bankruptcy, PLC 19E-1047667
Client is in her late-50s with approximately $20,000 in unsecured debt. Client is a monolingual Spanish speaker. Client wants to protect her income so that she can support herself and she hopes that filing for bankruptcy will give her the opportunity to move on with her life and get a fresh start.
BENEFITS

Social Security Disability Insurance Appeal, PLC 18E-1044793
Client is 53 years old and filed for Social Security Disability Insurance (SSDI) in 2010 when he could no longer work as a commercial plumber. He has a history of degenerative disc disease, PTSD, depression, carpal tunnel syndrome, cubital tunnel syndrome, and impingement of shoulder nerves. Client has also been fighting stage 3 prostate cancer, and is currently undergoing chemotherapy and radiation. Client was denied SSDI in August 2016 after an administrative appeal hearing. Client is being supported by his children, but no longer wants to be a burden on them. Client is seeking to reopen his SSDI case.
CONSERVATORSHIP

Limited Conservatorship, PLC 20-1050365
Client seeks to establish a limited conservatorship over her daughter, who is in her 30s. Client's daughter has multiple mental health disorders and a developmental disability (which was diagnosed at a later age). Client's daughter cannot provide for her own basic personal care and constantly relies on Client. Client has faced numerous obstacles in obtaining social services for her daughter and speaking on her daughter's behalf. More specifically, her daughter's medical providers request that Client provide them with proof of conservatorship. No temporary conservatorship is required at this time.
CONSUMER 

Affirmative Litigation - Unfair Sales Practices, PLC 19E-1047194
Clients are a couple who purchased a used vehicle in the hopes of having reliable transportation for their family, including young children. Despite assurances of reliability from the dealership, within a one month of their purchase, the vehicle became inoperable. Clients seek assistance bringing an affirmative claim against the dealership in order to recover damages they incurred as a result of the purchase.

Debt Collection Defense, PLC 20E-1049286
Client is an English speaker in her early 30s. Client was sued for an alleged credit card debt, and she disputes the amount of the debt. Client seeks assistance defending the lawsuit so that she can focus on caring for her family and move on with her life. 
*Trial is currently scheduled for late June 2020*

Debt Collection Defense, PLC 20-1049261
Client is in her 30s and is raising her three small children alone. She was recently able to set aside a default judgment that had been entered against her. Client disputes the debt, and is now seeking assistance defending the lawsuit so that she can focus on caring for her family.
*Trial is set for late October 2020*

Motion to Vacate Default Judgment (Debt Collection Defense), PLC 19E-1045659

Client is a Spanish-speaking female in her 40s. Client recently discovered a default judgment was entered in against her several years ago. Client believes service of the summons and complaint were not proper, and there appear to be additional procedural deficiencies with the case. Client seeks assistance setting aside the default judgment because she disputes the debt and believes procedural deficiencies provide a basis to dismiss the case.

Motion to Vacate Default Judgment (Debt Collection Defense), PLC 19E-1047000
Client is a single mother in her 50s. She recently received notice of a wage garnishment for a case she did not realize had been filed against her. Client's claim of exemption was partially granted. Client cannot afford any money being garnished from her wages and disputes the validity of the debt that formed the basis of the default judgment against her. Client believes service of the summons and complaint were not proper. Client seeks assistance vacating the default judgment so that she can end the wage garnishment and defend herself on the merits.
CONTRACTS

Affirmative Litigation - Unfair Sales Practices, PLC 19E-1047194
Clients are a couple who purchased a used vehicle in the hopes of having reliable transportation for their family, including young children. Despite assurances of reliability from the dealership, within a one month of their purchase, the vehicle became inoperable. Clients seek assistance bringing an affirmative claim against the dealership in order to recover damages they incurred as a result of the purchase.
Email Staff Attorney Lydia Tse

Contract Dispute, PLC 20-1050410
Client is a survivor of domestic violence who has been working to support herself. She contracted with a company to develop an idea for an invention. The company made promises of success and used language designed to convince the Client to pay significant sums of money, with very little chance of success. The case may need to proceed to arbitration, depending on whether or not the arbitration clause in the contract is enforceable.
CUSTODY

Motion to Change Venue, PLC 20-1049892
Client has a parentage case in Los Angeles, but she and the child live in Orange County. Public Law Center is assisting the client with her opposition to the other party's custody requests, but the client also requests assistance with a motion to change venue. Representation is preferred, but in pro per assistance will be appreciated.
DISABILITY

Adversary Proceeding - Discharge of Student Loans, PLC 20-1049401
Client is a bilingual Spanish/English speaker in her late-50s. She has approximately $35,000 in private student loan debt from attending a for-profit college that is now closed. Client has never found work in her field of study, and has the same job she had before attending college. Client also suffers from a chronic injury, and is unsure how much longer she can work. Client is seeking assistance discharging her private student loans in bankruptcy so she can improve her financial situation and move on with her life. 

Furthering Fair Housing Laws, PLC 20E-1049214
Client is a person with mental health disabilities. She would like to sue a housing provider for violating federal and state fair housing laws in the renting process. Client receives a federal subsidy to rent in the private market. Although client is now stably housed, the housing provider that refused to rent to her caused her mental anguish that exacerbated her mental health condition and resulted in her hospitalization. Client seeks to file suit against the housing provider to ensure compliance with federal and state fair housing laws. 

Social Security Disability Insurance Appeal, PLC 18E-1044793
Client is 53 years old and filed for Social Security Disability Insurance (SSDI) in 2010 when he could no longer work as a commercial plumber. He has a history of degenerative disc disease, PTSD, depression, carpal tunnel syndrome, cubital tunnel syndrome, and impingement of shoulder nerves. Client has also been fighting stage 3 prostate cancer, and is currently undergoing chemotherapy and radiation. Client was denied SSDI in August 2016 after an administrative appeal hearing. Client is being supported by his children, but no longer wants to be a burden on them. Client is seeking to reopen his SSDI case.
DISSOLUTION 

Default Divorce, PLC 20-1050441
Client is disabled with two children, whose only current source of income is the disability payments she is receiving. The client's attorney of record entered the default in the case but did not enter the default judgment, and the client is unable to pay for additional services. Client seeks a volunteer attorney to request a default hearing and represent her when the courts reopen. Services, including representation, can easily be provided remotely in this matter.

Dissolution, PLC 20-1049605
Client is a full time student with a small side business. She seeks enforcement of the warranties clause of her divorce judgment due to the discovery of previously undisclosed assets. This matter is in the Lake Tahoe courthouse of El Dorado County, but the County accepts telephonic appearances. Client needs assistance with discovery to confirm the undiscovered assets before filing regarding the breach. Attorneys fees may be recoverable, given the breach and the adverse party's income.  The client would also welcome in pro per assistance if not representation. 
Email Supervising Attorney Joanna Wong

Motion to Change Venue, PLC 20-1049892
Client has a parentage case in Los Angeles, but she and the child live in Orange County. Public Law Center is assisting the client with her opposition to the other party's custody requests, but the client also requests assistance with a motion to change venue. Representation is preferred, but in  pro per assistance will be appreciated.
EMPLOYMENT

No cases at this time.
GUARDIANSHIP

No cases at this time.
HOMEOWNERSHIP

Mobilehome Quiet Title, PLC 20E-1049237 
Client is a senior who purchased the mobilehome where she resides four years ago. At the time she purchased the mobilehome, the agent who performed the sale had names of people other than the buyers fraudulently put on title for the mobilehome. Client does not know the other people on title and nobody other than client has contributed to the purchase or upkeep of the mobilehome. Client needs assistance getting clean title for the mobilehome.

Mobilehome - Settlement Negotiations, PLC 20E-1050137
Client is a senior who owns her mobilehome that was recently damaged by construction performed nearby. She has had estimates performed for the damage and already paid a portion of the repairs out of pocket. She has tried to negotiate on her own with the construction company's attorney, but is at a disadvantage and has not had an offer that even reimburses her for what she has already paid. Client would like assistance in obtaining compensation for all of the actual damages caused to her mobilehome.
IMMIGRATION immigration

Asylum and Removal Defense, PLC 20E-1049826
Client is from Ghana and is seeking asylum, withholding and protection under the Convention Against Torture. Client is detained in Adelanto and fears for his life if he is returned to his home country. Client is seeking assistance with his defensive asylum case.

Immigration/Adjustment of Status after U0Visa, PLC 20E-1050380
Client received a U visa about 3 years ago as the victim of an assault. She now seeks assistance with filing an application for adjustment of status to become a lawful permanent resident. This application must be filed between June 2020 and June 2021. 
*Client is a monolingual Spanish-speaker.*

Immigration/Domestic Violence (VAWA), PLC 19-1048854
Client is living in a domestic violence shelter after escaping an abusive marriage with her US Citizen husband. Her husband was emotionally and financially abusive; he also forced client to care for his disabled mother full-time without pay. Client seeks assistance in applying for legal permanent residence as the abused spouse of a U.S. Citizen under VAWA. She is the sole applicant.
*Client is a monolingual Spanish speaker*

Immigration/U-Visa, PLC 18-1044910
Client was the victim of repeated acts of domestic violence by her ex-partner. Thanks to her reporting of the crimes, her abuser was convicted in two cases. She is raising three U.S. Citizen minor children with her current partner. She is seeking assistance to apply for a U Visa for herself and possibly for her partner once they marry.  
*Client is a monolingual Spanish-speaker.*

Immigration/U-Visa, PLC 19-1049121 
Client was the victim of domestic violence by an ex-partner. She participated in the criminal investigation against him and he was convicted. She now seeks help applying for a U Visa for herself. She is a single mother of four U.S. Citizen children, including one who is living with autism.
*Client is a monolingual Spanish-speaker.*

Petition to Remove Conditional Permanent Residence, PLC 19-1045566
Client is in his late 30s early-40s and is currently employed. Client's prior partner filed a family based petition on the client's behalf and he was granted Conditional Permanent Residence for a 2 year period. During their marriage, client suffered physical and emotional abuse at the hands of his husband. He is now seeking assistance in filing a petition to remove the condition based on being "battered or abused" by his partner. Successfully removing this condition will prevent the client from losing his permanent resident status.
*Client primarily speaks Vietnamese*

VAWA, PLC 19-1048565 
Client is in her early 70's. She survived domestic violence at the hands of her U.S. Citizen spouse and obtained restraining order against him. Client would like assistance in filing a VAWA self-petition and Adjustment of Status.
*Client is monolingual Spanish speaker*
INTELLECTUAL PROPERTY   

No cases at this time.
LANDLORD / TENANT

Dispute with Subsidized Housing Provider, PLC 19-10462625
Client is a homeless individual who is a survivor of domestic violence. She received Section 8 assistance, and was terminated from the program after she removed her abusive husband from the household, because they incorrectly determined that the client and her child were "overhoused." As a result, she is now homeless. The subsidized housing provider violated numerous federal regulations, fair housing laws related to sex based discrimination, and the Violence Against Women Act. Client would like to file a federal discrimination suit and writ against the subsidized housing provider to have them re-house her, change their policies, and to obtain damages.  

Eviction Defense, PLC 20E-1049559/20E-1049561
Clients are a mother and son. They were sued in eviction after a 60-day notice based on misconduct, which clients deny. Clients have lived in the unit, which is a project-based subsidized housing unit, for almost 20 years. Clients would like assistance defending the unlawful detainer, including requesting a jury trial and conducting discovery.
*Trial postponed until summer likely*

Furthering Fair Housing Laws, PLC 20E-1049214
Client is a person with mental health disabilities. Client receives a federal subsidy to rent in the private market. Although client is now stably housed, the housing provider that refused to rent to her caused her mental anguish that exacerbated her mental health condition and resulted in her hospitalization. Client seeks to file suit against the housing provider to ensure compliance with federal and state fair housing laws. 

Landlord/Tenant Dispute - Fair Housing Claims, PLC 20E-1049450
Client resides as a tenant in a Common Interest Development. Client had a subtenant who was violent towards her. After Client obtained a restraining order, Client's landlord served her with a three day notice to quit. Client plans to surrender, but would like assistance with recovering her security deposit and possibly pursuing a fair housing claim.

Landlord/Tenant Dispute - Harassment, PLC 
Clients are a family of four who live in a triplex. They have a temporary restraining order against a neighbor, but the neighbor has continuously violated the restraining order. Neither the landlord nor the city find the behavior of the neighbor serious enough to warrant law enforcement involvement or termination of tenancy by the landlord. The applicants are terrified and would like the harassment to end. Clients seek assistance enforcing the restraining order and asserting their rights to live free of harassment. 
LITIGATIONlitigation

Adversary Proceeding - Discharge of Student Loans, PLC 20-1049401
Client is a bilingual Spanish/English speaker in her late-50s. She has approximately $35,000 in private student loan debt from attending a for-profit college that is now closed. Client has never found work in her field of study, and has the same job she had before attending college. Client also suffers from a chronic injury, and is unsure how much longer she can work. Client is seeking assistance discharging her private student loans in bankruptcy so she can improve her financial situation and move on with her life. 

Affirmative Litigation - Unfair Sales Practices, PLC 19E-1047194
Clients are a couple who purchased a used vehicle in the hopes of having reliable transportation for their family, including young children. Despite assurances of reliability from the dealership, within a one month of their purchase, the vehicle became inoperable. Clients seek assistance bringing an affirmative claim against the dealership in order to recover damages they incurred as a result of the purchase.

Debt Collection Defense, PLC 20E-1049286
Client is an English speaker in her early 30s. Client was sued for an alleged credit card debt, and she disputes the amount of the debt. Client seeks assistance defending the lawsuit so that she can focus on caring for her family and move on with her life. 
*Trial is currently scheduled for late June 2020*

Debt Collection Defense, PLC 20-1049261
Client is in her 30s and is raising her three small children alone. She was recently able to set aside a default judgment that had been entered against her. Client disputes the debt, and is now seeking assistance defending the lawsuit so that she can focus on caring for her family.
*Trial is set for late October 2020*

Dispute with Subsidized Housing Provider, PLC 19-10462625
Client is a homeless individual who is a survivor of domestic violence. She received Section 8 assistance, and was terminated from the program after she removed her abusive husband from the household, because they incorrectly determined that the client and her child were "overhoused." As a result, she is now homeless. The subsidized housing provider violated numerous federal regulations, fair housing laws related to sex based discrimination, and the Violence Against Women Act. Client would like to file a federal discrimination suit and writ against the subsidized housing provider to have them re-house her, change their policies, and to obtain damages.  

Dissolution, PLC 20-1049605
Client is a full time student with a small side business. She seeks enforcement of the warranties clause of her divorce judgment due to the discovery of previously undisclosed assets. This matter is in the Lake Tahoe courthouse of El Dorado County, but the County accepts telephonic appearances. Client needs assistance with discovery to confirm the undiscovered assets before filing regarding the breach. Attorneys fees may be recoverable, given the breach and the adverse party's income.
The client would also welcome in pro per assistance if not representation. 

Dissolution, PLC 19E-1048860
Client is a survivor of domestic violence perpetrated by her spouse in a marriage of over 35 years. PLC assisted her with her divorce petition, but she seeks additional assistance with respect to discovery and allocation of assets/debts acquired during the marriage. There are no minor children. 
*Client is a Spanish speaker with moderate English proficiency*

Dissolution, PLC 19-1047091
Client is a single parent of special needs child who seeks representation in divorce proceeding including issues regarding breach of fiduciary duty, violation of ATRO's, and adverse party's multiple retirement accounts. At Issue Memorandum will be filed but trial has not yet been set.
NAME CHANGE

No cases at this time.
NON-PROFITnonprofit

Non-Profit (Food Education) - Start-Up, PLC 20-1050366
Client is a CA public benefit corporation, whose mission is to provide food education, resources and opportunities to underserved youth in Orange County. Client seeks legal assistance with obtaining federal and state tax-exempt status.

Non-Profit (Special Needs) - Nonprofit Compliance Check, PLC 20-1050368 
Client is an existing 501(c)(3) nonprofit organization whose mission is provide support for individuals with special needs. Client seeks legal assistance with compliance matters.

Non-Profit (Veterans Support) - Nonprofit Compliance Check, PLC 20-1050367 
Client is an existing 501(c)(3) nonprofit organization whose mission is to provide veterans with separation support. Client seeks legal assistance with compliance matters.
RESTRAINING ORDER
 
Request to Renew Restraining Order, PLC 20-1049893
Client was issued a restraining order in 2017 against the father of her child. The restraining order expires in mid-May 2020 and Client requests assistance with her request to renew restraining order. 

Small Business (E-commerce) - Website Terms & Conditions, PLC 20-1049464
Client is low-income entrepreneur who is starting an e-commerce website selling wellness products. Client seeks legal assistance with developing website terms and conditions and a privacy policy. 
SPECIAL EDUCATION
  
No cases at this time.
SUPPORT

No cases at this time.
UNACCOMPANIED CHILDREN
 
No cases at this time.
VETERANS

Discharge Upgrade, PLC 
Client is a decorated combat veteran who served in the United States Army from 2008-2011. He was discharged with a General (Under Honorable Conditions) characterization of service for misconduct. Client has impeccable post-service conduct. His strong interest in pursing a discharge upgrade is so that he can re-enlist in the military and serve his country during these trying times. Client would like to be upgraded to Honorable and change his re-enlistment code. 

Dismissal/Expungment, PLC 20E-1049409
Client is a veteran of the United States Marine Corps and was recently discharged with an honorable discharge. Client has one criminal conviction on her record which is preventing her from obtaining employment after her discharge. Client would like assistance with terminating her probation early and submitting a request for dismissal of the misdemeanor. 
*Venue is San Diego Superior Court, but Client lives in Orange County*
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WILLS & ESTATES 

No cases at this time.

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