The following is an analysis of new emergency rules enacted by the California Judicial Council, courtesy of Ian Rambarran, Shareholder with Klinedinst PC. Rambarran currently serves as California MBA Legal Issues Committee Chair.

On April 6, 2020 the California Judicial Council enacted emergency rules amid the COVID-19 crisis.  Among other things, the new rules apply to all unlawful detainer actions and judicial foreclosures.  These rules remain in effect until 90 days after the Governor declares the COVID-19 state of emergency is lifted or the rules are repealed by the Judicial Council.  A complete copy of the new emergency rules are available here:

Unlawful Detainer Evictions

The emergency rules now prevent the filing of new unlawful detainer actions, limit the ability to take a default, and postpone new and pending trial dates. Effective immediately:

  • Courts may not issue a summons on a complaint for any unlawful detainer action unless the court finds the action is necessary to protect public health and safety. 
  • Courts may not enter default or a default judgment unless both 1) the action is necessary to protect the public health, and 2) the defendant has not appeared in the action within the time provided by law, including response deadline extensions issued within any applicable executive order. 
  • Unlawful detainer trials pending as of April 6, 2020 must be continued a minimum of 60 days.  All matters not set for trial may not be set for trial less than 60 days after a request for trial unless the court finds an earlier trial date is necessary to protect public health and safety.

Like Governor Newson’s Executive Orders and President Trump’s CARES Act, these rules aim to prevent the displacement of tenants and occupants during the state of emergency.  However, this amendment is more expansive than Governor Newsom’s orders and President Trump’s CARES Act because it applies to all evictions – residential and commercial alike.

Judicial Foreclosures

The new rules also suspend all judicial foreclosures and prohibit courts from proceeding to judgment unless the court finds that the action is required to further public health and safety.  Further, the rules toll the statutes of limitation for filing a judicial foreclosure action and extend the equitable rights of redemption. 

Conclusion

In reality, the new rules fill in a gap on multiple levels.  They now afford protection to residential and commercial tenants or occupants and protect commercial and residential borrowers too (although residential borrowers normally do not face judicial foreclosure).  However, it is important to note that nothing contained in the new rules means that rent or monthly payments are forgiven.  Those moneys are still owed; however, no one can attempt to recover possession until 90 days after Governor Newsom declares the state of emergency is lifted or until the Judicial Council repeals the rules.  

About the Authors

Photo of Ian A. Rambarran
Ian A. Rambarran

Ian A. Rambarran works with the firm’s corporate clients, focusing primarily on business, financial services, employment, intellectual property, real estate, transportation, and construction issues. A graduate of the University of the Pacific, McGeorge School of Law, Mr. Rambarran currently serves as Chairman of the California MBA Legal Issues Committee. He frequently counsels and represents clients in business and commercial disputes, and represents lenders and financial institutions in disputes throughout California. Mr. Rambarran can be reached at irambarran@klinedinstlaw.com.

Please Note

This article is intended to be for informational purposes only. This information does not constitute legal advice. The law is constantly changing and the information may not be complete or correct depending on the date of the article and your particular legal problem. The use of information from this article does not create any type of attorney-client relationship.

About Klinedinst

Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel.  The firm’s offices in Los AngelesSacramentoSan DiegoIrvine, and Seattle service the entire West Coast. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day.  Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.

The following is an analysis of the CARES Act, courtesy of Ian Rambarran, Shareholder with Klinedinst PC.  Rambarran currently serves as California MBA Legal Issues Committee Chair.

President Trump signed into law the Coronavirus Aid, Relief, and Economic Stimulus (CARES) Act a little over a week ago. Today, lenders and servicers are quickly instituting processes to assist borrowers and tenants with COVID-19 related relief.  The CARES Act aims to streamline relief for all those affected by COVID-19, if the loans are federally backed.  This means that the CARES Act applies to all FHA, HUD, VA, Department of Agriculture Loans, Fannie Mae and Freddie Mac loans.

A complete copy of the CARES Act can be found at: congress.gov/bill/116th-congress/house-bill/748/text#toc-H4D5728D599DE43C1B10376E596A41BCE.

Forbearance Relief

Unlike the typical loss mitigation scenario, the Act creates an automatic 180-day forbearance if:

  1. A borrower is suffering financial hardship due directly or indirectly to COVID-19 and,
  2. A borrower affirms he or she is experiencing the hardship during the COVID-19 emergency (National Emergency declared by the President).

The forbearance option applies without regard to prior delinquency and the forbearance period may be extended an additional 180 days.  During the forbearance period, no fees, penalties, or interest beyond the amounts scheduled may be charged.  Effectively, lenders and servicers should calculate them as if the borrower had made all of his or her payments on time and in full. Additionally, following a request for forbearance, a servicer may not initiate foreclosure or execute a foreclosure-related eviction for at least 60 days.

The CARES Act states the only documentation required from the borrower is an attestation that their financial hardship is caused by COVID-19. It is not yet clear how attenuated the hardship may be to COVID-19, but the COVID-19 pandemic will affect all aspects of commerce because close to 90% of the country has been ordered to shelter in place.  Nearly any hardship could therefore be connected to COVID-19 based on circuitous logic.

Forbearance For Multifamily Properties

The CARES Act also applies to covered Multifamily Properties.  A multifamily borrower (borrower of a property of five or more dwellings) experiencing financial hardship either directly or indirectly because of COVID-19 may request forbearance either orally or by written request.  For this type of investment-based property, a servicer must document the hardship, provide forbearance for up to 30 days, and extend the forbearance for up to two additional 30 day periods, so long as a borrower makes the request at least 15 days prior to the end of a provided forbearance period.

The CARES Act also expects the benefits afforded to multifamily property owners be passed down to the tenants. For example, a borrower/landlord cannot evict a tenant nor can the borrower/landlord charge late fees or penalties against the tenant during the forbearance period. Indeed, the borrower cannot serve notices to vacate until after the expiration of the forbearance period and must provide at least 30 days to vacate.

Eviction Moratorium

The CARES Act implements a 120 days moratorium on all covered properties.  This means that the borrower may not: initiate an action (file a complaint) to recover the property based on nonpayment of rent or charge a tenant penalty for nonpayment of rent. Furthermore, a tenant must also receive at least 30 days’ notice to vacate and the notice may not be served until after the expiration of the 120-day period.  Following a foreclosure, the property owner steps into the shoes of the prior borrower/lessor.  Therefore, this enactment will limit the ability of lenders to proceed with actions such as unlawful detainers.

Foreclosure Moratorium

Finally, the CARES Act makes clears that a servicer “may not initiate any judicial or non-judicial foreclosure process, move for a foreclosure judgment or order of sale, or execute a foreclosure-related eviction or foreclosure sale for not less than the 60-day period beginning on March 18, 2020.”  The only exception to the foregoing is the property is vacant or abandoned.

Conclusion

The servicing landscape is quickly changing in light of the COVID-19 pandemic. The CARES Act provides extensive new protections for borrowers and occupants of covered properties. In order to ensure compliance with the CARES Act, lenders and servicers should exercise an abundance of caution before moving to foreclosure or eviction.  In fact, it would be prudent to communicate with the borrowers to ensure retention options are offered (not just received). Similar efforts should be provided to tenants as well.  By following a cautious approach, the lending and servicing industry will be ahead of any new regulatory concerns and support the policy goals of the CARES Act, which amongst other things, stabilizes the economy and secure public health.

About the Authors

Photo of Ian A. Rambarran
Ian A. Rambarran

Ian A. Rambarran works with the firm’s corporate clients, focusing primarily on business, financial services, employment, intellectual property, real estate, transportation, and construction issues. A graduate of the University of the Pacific, McGeorge School of Law, Mr. Rambarran currently serves as Chairman of the California MBA Legal Issues Committee. He frequently counsels and represents clients in business and commercial disputes, and represents lenders and financial institutions in disputes throughout California. Mr. Rambarran can be reached at irambarran@klinedinstlaw.com.

Please Note

This article is intended to be for informational purposes only. This information does not constitute legal advice. The law is constantly changing and the information may not be complete or correct depending on the date of the article and your particular legal problem. The use of information from this article does not create any type of attorney-client relationship.

About Klinedinst

Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel.  The firm’s offices in Los AngelesSacramentoSan DiegoIrvine, and Seattle service the entire West Coast. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day.  Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.

By Thomas E. Daugherty

On April 2, 2020, the County of San Diego issued an addendum to the existing Health Officer Order regarding the COVID-19 crisis, that requires that masks be worn by all employees who may have contact with the public in any grocery store, pharmacy/drug store, convenience store, gas station, restaurant and other business establishments that serves food.  The order takes effect 12:00 a.m. Saturday, April 4, 2020.  Paragraph Q of the Addendum provides:

Effective 12:00a.m. Saturday, April 4, 2020, all employees who may have contact with the public in any grocery store, pharmacy/drug store, convenience store, gas station, restaurant and other business establishment that serves food shall wear a cloth face covering as described in the California Department of Public Health Face Covering Guidance referenced in section 10, above.

Not all essential businesses are required to have their employees wear masks under this Addendum.  The trend may go that way, but right now it is limited to the categories listed in the Addendum for San Diego County.  It would be a reasonable and permissible step to take, to require all employees that interact with the public to wear masks, given the guidance from the State of California Health and Human Services Agency, dated April 1, under which all California residents are encouraged, but not required, to wear masks when out in public. 

Also, under the Addendum, all businesses that remain open to the public must prepare and post the Social Distancing and Sanitation Protocol, as provided by the County.  The Addendum provides in relevant part as follows: 

  • All businesses that remain in operation in accordance with the Order and that allow members of the public to enter a facility must prepare and post by no later than 12:00 a.m. on April 7, 2020 a “Social Distancing and Sanitation Protocol” on the form attached to this Order as for each of their facilities open to the public in the county.
  • The Social Distancing and Sanitation Protocol must be posted at or near the entrance of the relevant facility, and shall be easily viewable by the public and employees.
  • A copy of the Social Distancing and Sanitation Protocol must also be provided to each employee performing work at the facility.
  • All businesses shall implement the Social Distancing and Sanitation Protocol and provide evidence of its implementation to any authority enforcing this Order upon demand.
  • The Social Distancing and Sanitation Protocol must ensure all required measures are implemented and must identify and require measures necessary to implement social distancing are implemented at each facility that will ensure social distancing and sanitation at that particular facility.
  • If the measures identified and implemented are not effective in maintaining proper social distancing and sanitation, additional measures shall be identified and implemented or the facility shall be closed.

The Social Distancing and Sanitation Protocol form is available on the San Diego County website. You can also access Stay at Home documents released by the County of San Diego by clicking here.

While these restrictions are unique to San Diego County, employers in all California counties should continue to monitor changes in the law and consult with legal counsel regarding updates to employer’s obligations in response to the COVID-19 pandemic.  Please contact Thomas E. Daugherty or Klinedinst’s employment team if you have any questions.

About the Author

Thomas E. Daugherty

Thomas E. Daugherty litigates and counsels clients in employment law, professional liability, and commercial litigation. He brings integrity, vigorous advocacy, and a tenacious work ethic to provide unique solutions to each and every client. His demeanor and approachability keep clients coming back for more, when legal needs arise. To contact Mr. Daugherty, please reach him via email or call (619) 239-8131.

Please Note

This article is intended to be for informational purposes only. This information does not constitute legal advice. The law is constantly changing and the information may not be complete or correct depending on the date of the article and your particular legal problem. The use of information from this article does not create any type of attorney-client relationship.

About Klinedinst

Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel.  The firm’s offices in Los AngelesSacramentoSan DiegoIrvine, and Seattle service the entire West Coast. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day.  Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.

The 2020 edition of San Diego Super Lawyers® has just been released, and a large number of Klinedinst attorneys have been chosen by their peers for inclusion. The lawyers selected truly represent the “best of the best” in San Diego County.

Super Lawyers®

SAN DIEGO, CALIFORNIA – Klinedinst attorneys have been featured in the 2020 San Diego edition of Super Lawyers®. This is the largest-ever number of Klinedinst lawyers that have ever been featured in the annual awards publication.

Every year, Super Lawyers polls lawyers in the region, looking for recommendations of peers that demonstrate excellence and high ethical standards in the legal profession. From that pool of recommendations recommendations, the editors conduct independent research to pare down the list until the “best of the best” in the region are chosen.

Klinedinst attorneys recognized this year in Super Lawyers include:

San Diego Super Lawyers also highlights up-and-comers to watch in a special feature called Rising Stars. The Rising Stars list recognizes no more than 2.5 percent of attorneys in each state. Klinedinst attorneys featured in this year’s class of Rising Stars include:

According to the publication, fewer than 5% of attorneys in California are ever featured in Super Lawyers.

John Klinedinst was singled out as Top 50 San Diego Lawyers for the entire region.

“It is incredibly gratifying to know so many of our stellar attorneys have been nominated by their colleagues for inclusion in Super Lawyers,” said Klinedinst, who founded the firm in 1983. “Everyone listed is a legal all-star in their own right, and am truly proud of the record number of award-winning attorneys on our team.”

Klinedinst congratulates each of these shareholders for this special honor. To learn more about each, please visit:

www.klinedinstlaw.com/profiles/

For more information on the full list of attorneys to be featured by Super Lawyers, please visit www.klinedinstlaw.com/super-lawyers

About Klinedinst

Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel.  The firm’s offices in Los AngelesSacramentoSan DiegoSanta Ana, and Seattle service the entire West Coast. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day.  Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.

The following analysis is provided by Klinedinst Shareholder Ian Rambarran, Chairman of the California MBA Legal Issues Committee.

The financial services industry is part of the critical infrastructure of California and of the country. Governor Newsom articulated the importance of the financial services industry in the guidance he provided on March 20, 2020, which came shortly after the shelter-in-place order became effective.

On March 28, the Department of Homeland Security’s Cybersecurity and Infrastructure Agency (CISA) released additional guidance on the potential impact the financial services industry could have.

CISA’s guidance also designates the industry as part of the country’s critical infrastructure and contains more specifics than Governor Newsom’s order. CISA’s guidance contemplates work performed by the servicing industry as it recognizes workers may be needed for both “consumer and commercial lending” and for supporting “financial operations and staffing call centers.” Those parts of the operations are becoming increasingly important as borrowers begin to experience the economic realities of COVID-19 related restrictions and when they need guidance. These effects will be imminently seen, especially as unemployment claims rise at astronomical rates.

The servicing industry in particular is being called on to voluntarily support the financial systems in a way not seen since the 2008 financial crisis. Regulators are anticipating hardships related to imminent defaults caused by drop of income due to COVID-19. For example, the Department of Business and Oversight (“DBO”) reported that the State of California has reached agreements with national banks, credit unions and loan servicers to considering borrowers for loss mitigation options. The DBO states that numerous participating lenders and servicers have agreed to:

  • 90-day grace period for all mortgage payments
  • Relief from fees and charges for 90 days
  • No new foreclosures for 60 days
  • No credit score changes for accessing relief

While almost all lenders and servicers have clear systems in place that stem from compliance with legislation like the Homeowner Bill of Rights and regulations prescribed by the Consumer Financial Protection Bureau, it is of critical importance that those systems are re-tooled to fit within this unprecedented pandemic.

As previously recommended, lenders and servicers should stay ahead of this crisis by starting COVID-19 specific loss mitigation plans and informing borrowers about options for relief. A protocol for handling these issues will be important as new requests for relief flood in and as regulators further engage the lending and servicing industry to pivot.

Please Note

This article is intended to be for informational purposes only. This information does not constitute legal advice. The law is constantly changing and the information may not be complete or correct depending on the date of the article and your particular legal problem. The use of information from this article does not create any type of attorney-client relationship.

About the Author

Photo of Ian A. Rambarran
Ian A. Rambarran

Ian A. Rambarran works with the firm’s corporate clients, focusing primarily on business, financial services, employment, intellectual property, real estate, transportation, and construction issues. A graduate of the University of the Pacific, McGeorge School of Law, Mr. Rambarran currently serves as Chairman of the California MBA Legal Issues Committee. He frequently counsels and represents clients in business and commercial disputes, and represents lenders and financial institutions in disputes throughout California. Mr. Rambarran can be reached at irambarran@klinedinstlaw.com.

About Klinedinst

Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel.  The firm’s offices in Los AngelesSacramentoSan DiegoIrvine, and Seattle service the entire West Coast. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day.  Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.

The following analysis is provided by Klinedinst Shareholder Ian Rambarran, Chairman of the California MBA Legal Issues Committee.

California lawmakers grappling with the effects of COVID-19 are issuing guidance and changing the rules on a frequent, sometimes daily, basis. Requirements on the residential unlawful detainer front have changed again. 

On March 27, 2020, Governor Newsom refined, and to a certain extent superseded, his March 16th order affecting residential evictions in California. In Executive Order N-30-27, Governor Newsom harmonized the patchwork of responses from various counties after his prior order suggested restrictions on residential evictions spurred by problems related to COVID-19. 

Executive Order N-30-27 focuses on two parts of the eviction process – the filing of the lawsuit and the actual eviction by the Sheriff. 

First, the Order extends the timeline for a tenant to respond to an eviction complaint from five days to 60 days, if the reason for the eviction is nonpayment because of issues related to COVID-19 and the tenant satisfies all of the following: 

a. Prior to the date of the Order, the tenant paid rent to the landlord pursuant to an agreement; 

b. Before the time rent is due, or no more than seven days after the due date, the tenant notifies the landlord that there will be a delay in payment or nonpayment due to reasons related to COVID-19. For example, COVID-19 reasons for default may stem from: 

  • sickness of the tenant or care of a household or family member with confirmed COVID-19; 
  • layoffs, employment hour reductions, the state of emergency or related government response to COVID-19; 
  • childcare issues because of school closures related to COVID-19. 

c. The tenant verifiably documents the hardship by providing termination notices, payroll checks, pay stubs, bank statements, medical bills, and the like. The tenant can wait to provide this documentation to the landlord, but the tenant should do so no later than the time of payment of the back-due rent. 

Second, the Order restricts the enforcement of a Writ of Possession while the Order is in effect and the tenant has satisfied the aforementioned requirements. Put another way, the Sheriff will not make arrangements to perform a lockout. 

Tenants do not get a free ride, however. The Order makes it expressly clear that the tenant will be required to make back rent payments and that the Order does not apply if the tenant can make rental payments. Further, the Order will only remain in effect until May 31, 2020. 

It is important to note that Executive Order N-30-27 does not affect commercial evictions. However, there may be restrictions on the commercial eviction front by way of local government action or some order in the future. For example, the Sacramento City Council passed temporary protections on March 25, 2020 to prevent commercial tenants from being evicted if the hardship stemmed from lack of patrons due to the state’s shelter-in-place order. To the extent there are problems in the commercial eviction space, a proactive dialogue between the landlord and commercial tenant is critical for business planning and operations, so it should be done without delay.

Please Note

This article is intended to be for informational purposes only. This information does not constitute legal advice. The law is constantly changing and the information may not be complete or correct depending on the date of the article and your particular legal problem. The use of information from this article does not create any type of attorney-client relationship.

About the Author

Photo of Ian A. Rambarran
Ian A. Rambarran

Ian A. Rambarran works with the firm’s corporate clients, focusing primarily on business, financial services, employment, intellectual property, real estate, transportation, and construction issues. A graduate of the University of the Pacific, McGeorge School of Law, Mr. Rambarran currently serves as Chairman of the California MBA Legal Issues Committee. He frequently counsels and represents clients in business and commercial disputes, and represents lenders and financial institutions in disputes throughout California. Mr. Rambarran can be reached at irambarran@klinedinstlaw.com.

About Klinedinst

Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel.  The firm’s offices in Los AngelesSacramentoSan DiegoIrvine, and Seattle service the entire West Coast. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day.  Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.

Photo of Ian A. Rambarran
Ian A. Rambarran

The following analysis is provided by Klinedinst Shareholder Ian Rambarran, Chairman of the California MBA Legal Issues Committee, originally published in the CMBA’s Member Alert on March 17, 2020.

On March 16, 2020, Governor Newsom issued Executive Order N-28-20 limiting evictions and foreclosures in California. View the full Executive Order.

Executive Order N-28-20 seeks to reduce potential public health issues related to foreclosures and evictions by keeping people in their homes and to provide hardship relief to people economically disenfranchised by COVID-19.  Though the Order is not entirely precise, there are a few keys points to take away.

1. The Order authorizes local counties and cities to consider actions to halt evictions and foreclosures, if the reason for the default arises from COVID-19 related income issues.

COVID-19 related income issues are those caused by the reduction in compensable hours, layoffs, business income and consumer demand, as well as a lack of available income due to substantial medical expenses.  The Order expressly recognizes that these income issues may have been caused by government imposed restrictions.

2.  The Order requests that financial institutions halt judicial foreclosures and evictions, if the reason for the default arises from COVID-19 related income issues.

Though the effect of COVID-19 restrictions will begin to permeate the market for many borrowers and tenants in the next couple of weeks because of employer payroll cycles, it would be best practice to reach out to borrowers who default to stay ahead of any concerns.  Even basic notices on websites, billing statements, and newsflashes informing borrowers what programs are available would help alleviate some concerns.

3.  The Order asks the Department of Business and Oversight to work with financial institutions to consider alternatives to foreclosures.

At this time, it would be prudent to fine tune loss mitigation action plans to address borrower and DBO concerns before they reach out to you.  For example, imminent default or financial hardship should be strongly considered, forbearance plans with extended payment times or modifications with recapitalized missed payments would be worth considering.

The above directives/suggestions are effective until May 31, 2020; however, it would certainly be prudent to halt all foreclosure and eviction activities for the same time so that the effect of COVID-19 is understood nationally and locally. Indeed, many counties have already instituted moratoriums and President Trump issued similar measures for HUD-based programs.

Maintaining that course of action would support the public policy behind Executive Order N-28-20 and help to ensure public health and safety will be strengthened by keeping people in their homes.  Finally, postponing foreclosure and evictions will be likely viewed as a positive industry contribution to California and its economy.

Please Note

This article is intended to be for informational purposes only. This information does not constitute legal advice. The law is constantly changing and the information may not be complete or correct depending on the date of the article and your particular legal problem. The use of information from this article does not create any type of attorney-client relationship.

About Klinedinst

Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel.  The firm’s offices in Los AngelesSacramentoSan DiegoIrvine, and Seattle service the entire West Coast. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day.  Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.

By: Tara R. Burd

It is easy to avoid planning when illness and tragedy are on someone else’s doorstep.  Today’s COVID-19 pandemic is a reminder that every person is vulnerable to disease, instability, and loss. Its worldwide reach has created circumstances that most people never before considered, but which have always been possibilities. It is an opportunity to break from routine and to consider how to best protect your family and future if you become unavailable for any reason. 

As we navigate the many impacts of the COVID-19 pandemic we are curating and delivering a multitude of updates on the legal obligations, risks, and potential solutions to arising challenges. Estate planning remains one of those critically important matters, too often set on the back burner. We are here to offer guidance and planning solutions to help you to make sure that your family and affairs are taken care of the way you want.

Self-Care for You and Your Estate During COVID-19

Self-care means taking action today to improve your health or circumstances tomorrow. Self-care is not limited to your physical well-being and should include ensuring that your financial, social, and emotional needs are met when the unexpected strikes.

Estate planning is not just about naming your heirs. It also includes identifying the people in your life that you trust the most to care for your loves ones, your own health, and your financial stability when you’re sick, injured, or quarantined.

Here are ways that setting up an estate plan with a Klinedinst attorney can help you to be prepared.

Guardianship Designation for Your Children 

It is important to carefully consider who you trust to take quick and immediate care of your children in the event of an emergency.  The emergency guardian should be someone who has a flexible schedule and can be relied upon to remain proximately located to your child’s school or daycare. The emergency guardian is the childcare first responder who can rush to the home or school when there’s a fire, a lockdown, or another threatening event. 

This person is often different than the person you trust to raise your children if you are no longer able to.  A long term guardian may not live nearby, but they have the financial and emotional stability to bring your child or children into their own family and raise them with the same care and values you would have provided.

Power of Attorney to Pay Bills or Handle Business

Durable powers of attorney are incredibly flexible documents that can impart authority to another person or agent.  The level of authority can be as broad or as narrowly-defined as you wish, and is designed to designate your “backup” should you become incapacitated. If you are quarantined or hospitalized and require someone trustworthy enough to access your bank accounts, write checks on your behalf, or handle pending business, a power of attorney can be used to grant another person the authority to act on your behalf.  That power can be revoked at any time, and only has an effect during your lifetime.

Self-Care Planning Through Advanced Health Care Directives

An advanced health care directive is an opportunity for you to tell your doctors, nurses, and loved ones what is most important to you about your physical, mental and emotional health.  If you value maximizing the time you have here on Earth, you can indicate your preference to receive any and all life-saving measures.  If you prefer quality of life and minimizing pain, there is a wide spectrum of options that can be completely customized to your individual preferences.

One of the scariest aspects of not being well is not being able to express to the people around you what you need.  With advanced care planning, we put an emphasis on identifying the people and circumstances that best contribute to your mental and emotional health. For some individuals, this means ample human interaction and engaging in high-stimuli activities. It might mean listening to classical music, and the attendance of a priest, rabbi, or another religious leader. For others, it means withholding food even when they cannot feed themselves. By setting forth in writing the people and circumstances that bring you the greatest peace and joy, you can help to ensure you’re cared for in the manner you wish, at all stages of life.

Wills and Trusts Ease the Burden of Your Loss

By preparing a will and a trust, you can alleviate the weight of the burden that death often leaves behind.  Unfortunately, for older Americans, there are many traps that cause heartache and homelessness for the ones that live the longest.  Elderly lovers and companions often remain unmarried, but share a home and other assets.  If the person on title dies first, the surviving partner often has no right to continue to live in the home and can be evicted by the heirs.  This can easily be avoided by planning for your companion to receive the right to occupy your family home for the remainder of their life, while your children retain the right to inherit it eventually.

For those who have a loved one who is currently receiving needs-based benefits, special needs trusts can sometimes be established for purposes of receiving your assets without jeopardizing their receipt of benefits.  

And, for parents who own a home in California, a trust can help to provide for your children for many years after you’re gone.  This is especially helpful when distributing assets to a minor, as a trust can be structured to make distributions over time. The planning you do now can help put your child through college, vocational training, or other predetermined goals.  

The COVID-19 pandemic is a perfect opportunity to enact some self-care for both you and your estate. Take action today so that you have the peace of mind to know that you will be cared for in the manner of your choice when you are injured, unavailable or infirm and that your loved ones will be safe and cared for when you’re gone.

Start Today with Remote Estate Planning

Klinedinst is proud to offer a 5-step remote estate planning solution:

  1. Contact us by phone or email to let us know you’re interested. One of our attorneys will connect with you to make sure that our office is the best fit for your legal needs.
  2. For no commitment or charge, we will provide you with our estate planning intake packet, so that you can tell us about the important people in your life and the assets that need protecting.  This gives us a starting point so that we are better prepared to ask you the tough questions during the interview process.
  3. When you’re ready to retain us, send us your packet and tender payment through our secure online portal.
  4. Once we receive your packet and payment, we will schedule a consultation with one of our estate planning attorneys by call or video chat – your choice.
  5. We do the rest!  After our planning consultation, we will prepare your estate plan and follow up with you by email or phone if we have any further questions. When your estate plan is complete, we will contact you to discuss the best means of delivering and executing your plan. 


About the Author

Photo of Tara R. Burd

Tara R. Burd is an experienced probate and trust litigator, with specific emphasis on trust administration, probate avoidance, and probate litigation. Much of her career has been focused on helping clients navigate their way through breach of contracts, business disputes, partition actions, employment, and personal injury lawsuits. Ms. Burd has represented companies, partnerships, and sole practitioners in a variety of matters, and can be reached directly at tburd@klinedinstlaw.com.


About Klinedinst

Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel.  The firm’s offices in Los AngelesSacramentoSan DiegoIrvine, and Seattle service the entire West Coast. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day.  Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.

This article is intended to be for informational purposes only. This information does not constitute legal advice. The law is constantly changing and the information may not be complete or correct depending on the date of the article and your particular legal problem. The use of information from this article does not create any type of attorney-client relationship.

During the unprecedented threat brought on by the recent coronavirus pandemic, Klinedinst stands ready to support you. The safety, health, and security of our clients, our employees, and our business partners is of paramount importance. Like you, we are monitoring the latest COVID-19 updates from a variety of governmental and health agencies, including the US Centers for Disease Control and Prevention (CDC) and the World Health Organization (WHO). As such, we have in place contingency operation plans for all five of our Western U.S. offices. 

As technology has evolved, so has the way we do business together. With enhanced technology and a robust infrastructure, all of our attorneys have the ability to work remotely with continued access to our secure systems and data. Our offices remain open, but should conditions warrant, Klinedinst will begin activation of processes and safeguards for remote deployment. One of our goals is to ensure the continued seamless provision of legal services.

Each Klinedinst office has measures and protocols in place to foster a safe, clean work environment. Within each practice group, client teams are organizing coverage to ensure availability of lawyers to handle time sensitive matters as needed. And while we love having clients meet us face-to-face, we are offering telephonic and video conferencing for client meetings and training. We are likewise working on systems to fully utilize CourtCall for court appearances and videoconferencing for depositions.

Klinedinst means business, and should the need to close one or more offices arise, we are committed to minimizing disruption in the counseling and legal services we provide.

The COVID-19 situation is incredibly fluid, with new guidance coming from authorities hourly. We ask everyone to stay ahead of the latest developments, to ensure the health and safety of themselves and their loved ones. However, businesses need reliable, trustworthy legal counsel during good times and uncertain times, and our resources are available.

The entire team at Klinedinst stands ready for you.

About Klinedinst

Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel.  The firm’s offices in Los AngelesSacramentoSan DiegoIrvine, and Seattle service the entire West Coast. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day.  Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.

Klinedinst PC is proud to announce that Steven K. Berenson, Senior Counsel, has joined the firm’s Professional Liability defense team.

SAN DIEGO, CA – Klinedinst’s newest member of the Professional Liability group is Steven K. Berenson, an esteemed litigator, academic writer, professor, and arbitrator. He has represented individuals and government entities in state and federal courts in a wide range of matters such as legal ethics, civil litigation, and family law.

Steven K. Berenson

In addition to his work in private practice, Mr. Berenson spent two decades as a full-time law professor, where he focused on family law, legal ethics, and veterans’ legal issues. He founded the Thomas Jefferson Veterans Legal Assistance Clinic, which today provides pro bono legal representation to homeless veterans struggling with substance abuse issues. A prolific writer, Mr. Berenson has published a textbook on judicial ethics, as well as two textbooks on family law. He has also written over 25 law review articles on a wide range of subjects. He regularly speaks on a variety of cutting-edge legal topics within the legal and business communities.

Mr. Berenson previously worked as an Assistant Attorney General in the office of the Massachusetts Attorney General. There, he focused on civil governmental litigation and consumer protection enforcement. He argued cases at every level of both the state and federal court systems and was a counsel of record in numerous reported decisions including those from the Massachusetts Supreme Judicial Court, the Massachusetts Appeals Court, and the United States Court of Appeals for the First Circuit.

Mr. Berenson serves as a Pro Tem Judge in the Small Claims and Traffic Divisions of the San Diego Superior Court. He also serves as a volunteer fee dispute arbitrator for both the San Diego County and California Bar Associations’ voluntary fee dispute arbitration programs.  He is a member of the San Diego County Bar Association’s Legal Ethics Committee.

Klinedinst PC is pleased to welcome Mr. Berenson to the firm. To learn more please visit: klinedinstlaw.com/profiles/attorney/steven-berenson

About Klinedinst

Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel.  The firm’s offices in Los AngelesSacramentoSan DiegoIrvine, and Seattle service the entire West Coast. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day.  Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.