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Hans Albert Gillinger

Hans Gillinger’s Answers

77 total


  • Is it noise disturbance if mi not over a certain sound decibel

    have a sound meter , is int there a certain decibel that EVERYONE has to abide by

    Hans’s Answer

    The answer to your question is no. The authorities consider relevant factors such as proximity to others, time of day/night, whether it is a holiday, criminal activity at the location, etc.

    Also, this is not a civil rights question, so be sure you note the correct practice area(s) to get the response you want.

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  • Can I get into law school?

    I graduated college in May and have been having a difficult time finding a suitable job. I'm considering taking the LSAT this summer but I have a somewhat questionable past. Here it is: I have a misdemeanor DUI from about a year ago. I also have a...

    Hans’s Answer

    The Committee of Bar Examiners of The State Bar of California (Committee) when considering whether an applicant has the good moral character required for admission to practice law in California required by Section 6060 of the Business and Professions Code and Rules of The State Bar of California, Title 4, Admissions and Educational Standards evaluates whether an applicant possesses the qualities of honesty, fairness, candor, trustworthiness, observance of fiduciary responsibility, respect for and obedience to the laws of the state and the nation, and respect for the rights of others and for the judicial process. Involvement in activity that constitutes an act of misconduct or an act of moral turpitude does not necessarily preclude an applicant from admission to practice law in California; however, an applicant who has committed such acts must demonstrate rehabilitation prior to certification for admission.
    An act of misconduct may include, but is not limited to, behavior that results in a criminal conviction, behavior that results in a sustained accusation of fraud or a sustained allegation of unauthorized practice of law, violations of a school's honor code that involve moral turpitude or result in expulsion, professional discipline, license revocation or disbarment, material omissions from the moral character application, misstatements in the moral character application and misrepresentations during informal conferences conducted by the Committee.
    It is the policy of The State Bar of California that persons who have been convicted of violent felonies, felonies involving moral turpitude and crimes involving a breach of fiduciary duty are presumed not to be of good moral character in the absence of a pardon or a showing of overwhelming reform and rehabilitation. The Committee shall exercise its discretion to determine whether applicants convicted of violent felonies, felonies involving moral turpitude and crimes involving a breach of fiduciary duty have produced overwhelming proof of reform and rehabilitation, including at a minimum, a lengthy period of not only unblemished, but exemplary conduct.
    The factors enumerated below are guidelines that may be taken into consideration when evaluating whether an applicant has demonstrated rehabilitation. Not all factors listed below will be applicable to every single case nor will each factor necessarily be given equal weight in evaluating the rehabilitation of an applicant. The factors assist the Committee in determining whether an applicant has demonstrated rehabilitation from an act of misconduct or moral turpitude.
    The following factors may be considered when determining whether an applicant has the good moral character required for admission in California:
    1.The nature of the act of misconduct, including whether it involved moral turpitude, whether there were aggravating or mitigating circumstances, and whether the activity was an isolated event or part of a pattern.
    2.The age and education of the applicant at the time of the act of misconduct and the age and education of the applicant at the present time.
    3.The length of time that has passed between the act of misconduct and the present, absent any involvement in any further acts of moral turpitude. The amount of time and the extent of rehabilitation will be dependent upon the nature and seriousness of the act of misconduct under consideration.
    4.Restitution to any person who has suffered monetary losses through related acts or omissions of the applicant.
    5.Expungement of a conviction.
    6.Successful completion or early discharge from probation or parole.
    7.Abstinence from the use of controlled substances or alcohol for not less than two years if the specific act of misconduct was attributable in part to the use of a controlled substance or alcohol. Abstinence may be demonstrated by, but is not necessarily limited to, enrolling in and complying with a self-help or professional treatment program.
    8.See Link for all factors. Best!

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  • MY 8 YEAR OLD WAS KICKED OUT OF SCHOOL.

    I REFUSE TO AGREE WITH THE SCHOOL FOR HAVING HER CLASSROOM MOVED . HER SPECIAL NEEDS RIGHTS WERE VIOLATED BECAUSE THE SCHOOL REFUSED TO GET HER HELP FOR HER ADD . NOW SHE HAS NO SCHOOL TO ATTEND !

    Hans’s Answer

    You provided too little information for any answer to help much at all. That your child's classroom was moved does not necessarily require your consent. A change of placement requires your consent, but changes in location or classrooms are not always considered a change in placement
    OSEP: The IDEA does not define a change in placement, although OSEP has stated that a change in location should be considered a change in placement for purposes of triggering procedural safeguards (34 C.F.R. §300.505 ) if it substantially or materially alters a student’s educational program. OSEP stated that "change in placement" means a change in the substance of the program itself (whether the services are of the same type and quality), and "refers to a situation in which a student's educational program is materially altered.” In Letter to Fisher (1994), OSEP responded to a question from the Tennessee Department of Education whether a change in schools would constitute a change in placement for purposes of the notice and hearing provisions of the IDEA when the educational program stated in the IEP remains the same and the only change was the physical location where the services would be provided. The change was occasioned by the closing of a school for violation of the LRE element of the IDEA. According to the letter, determination of whether a "change of placement" has occurred should be analyzed on a case-by-case considering: (1) whether the educational program in the IEP has been revised; (2) whether the child will be educated with nondisabled children in both academic and nonacademic settings; (3) whether the same opportunities to participate in nonacademic and extracurricular services exist; and (4) whether the new placement option is the same option on the continuum. If it is determined that the change in placement involves only a change in location—for example, the school or facility, and not a corresponding change in program (same level and quality of services) , the formal notice requirements of 34 C.F.R. §300.505 do not apply. However, OSEP did state that the LEA is required to use its normal notification procedures to inform parents of the change in program location. In such a communication, the LEA may wish to provide the parents with an explanation of why in its view the change in location would not substantially or materially alter the student’s educational program. OSEP also stated that once the IEP team selects the option on the continuum and the location of the school or facility in which the pupil’s IEP will be implemented, the assignment of a particular classroom or teacher can be an administrative determination.
    California special education law defines placement more narrowly than federal law, which does not specifically define “educational placement.” California special education law specifically defines “educational placement” as “that unique combination of facilities, personnel, location or equipment necessary to provide instructional services to an individual with exceptional needs, as specified in the individualized education program.” 5 C.C.R. §3042(a). In California, the issue of whether a change in location constitutes a change in placement often comes up in the context of “stay-put” orders and interdistrict transfers.
    Courts created the “school closure” exception to enable districts to manage their costs and allow districts flexibility in administering their programs. Under the “school closure” exception principle, when a school has closed and is thus unavailable as a stay-put placement, an LEA is obligated to place the student in a program similar to his/her prior placement, with the requirement that the new program continue to implement the the student’s IEP. (See McKenzie v. Smith, 771 F.2d 1527, 1533 (D.C. Cir. 1985); Weil v. Board of Elementary and Secondary Education, 931 F.2d 1069 (5th Cir. 1991)).
    Good luck!
    Hans Gillinger
    Law Offices of Bonnie Z. Yates

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  • Is district liable for expenses / damages for doing treatment not on IEP and no consent ?

    school did " Ease " treatment ( Electronic Auditory Stimulation Effect ) on my special ed daughter . Not in her IEP and I had no knowledge of nor did I give my consent . Daughter experienced severe adverse effects .

    Hans’s Answer

    You raise an interesting question. The Electronic Auditory Stimulation Effect (EASE) is an audio CD series based auditory intervention program. The EASE CDs are used as a safe tool for occupational therapists, physical therapists, speech therapists, listening therapists and parents, to teach a child challenged with sensory processing issues, sound sensitivity, central auditory processing disorder (CAPD), hearing or developmental issues, to better manage noise. The EASE program is based on the Guy Berard method of auditory integration training (similar to Tomatis) and can be carried out at home, at school or in a therapist's office with an inexpensive CD player and a high quality pair of headphones.
    The EASE series has been successfully used since 1996 by many tens of thousands of parents, thousands of therapists and hundreds of organizations the world over. The EASE series integrates well with sensory integration activities, enabling a child to more easily develop additional skills through an enhanced "sensory diet."

    It is arguable that EASE will be deemed a teaching methodology selected by the school district to address sensory integration goals (that I presume your child has). The choice of teaching methodologies is left to the sound discretion of school districts, unless the child requires a particular methodology to receive a FAPE. If so, your consent to EASE was not required. It very well could be seen as a related service (or even a placement), which would require your consent. If the school district tried to get your consent to the use of EASE, you said no, and yet the district usedd EASE anyway, this would strongly suggest that your consent was required. If so, speak with a special education attorney that is local.

    As to the "severe adverse effects" it is unclear what you mean. Was your child's hearing damaged? Emotionally damaged? If the school was negligent in putting the volume too high causing hearing loss, you should speak to a local civil attorney to consider a possible negligence action. Good luck!

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  • Does a Police officer have a right to a search my vehicle

    if my vehicle is parked in my inlaws parking stall an or moved is not being used and is on private parking can for any reason ask me to let them search it with out a serach warrant

    Hans’s Answer

    • Selected as best answer

    It appears from your fact pattern that the police must obtain a warrant to conduct the search. The police can always ask for your consent to search the vehicle (or anything), and the police do not need to make a threshold evidentiary showing in order to ask for consent to search.

    You thus would also have a right - the right to decline to give your consent to the search. Good luck!

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  • Can not physically present at the hearing at ALJ (Administrative Law Judge).

    I have a hearing coming up at ALJ (Administrative Law Judge), I had an accident and surgery and can not physically present at the hearing. I'm overseas any way. The notice of hearing order says this venue doesn't have facility for telephonic heari...

    Hans’s Answer

    I agree with Mr. Cave and Ms. McCall. I note further that "good cause" is the civil law standard in California and many other states. Administrative law will look to civil law to "gap fill" procedures not specified by the administrative regulatory scheme in question. Good luck.

    Hans Gillinger

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  • Can section 1983 lawsuit be filed informa pauperis without being in jail?

    can section 1983 lawsuit be filed informa pauperis without being in jail?if so how is this done?it is in pa.

    Hans’s Answer

    I too agree with Mr. Miller. The latin phrase 'in forma pauperis' indicates the permission given by a court to an indigent to initiate a legal action without having to pay for court fees or costs due to his or her lack of financial resources. It secures a access to the legal system for all, without regard to custodial status.

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  • How to remedy Nonconsenual waiver of right to appeal Associate Judge's ruling.

    If my former Attorney waived my right to appeal the Associate Judge's ruling, WITHOUT MY CONSENT, and that it is now on the court reporter's record, how can I remedy this if I truly did and do want appeal now? I am still within the deadline.

    Hans’s Answer

    You need to speak with your former or new counsel immediately or risk waiving your right to appeal as time-barred. Good luck.

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  • Should I contact a Lawyer,HUD,The ADA,The Dept. for Fair Housing Laws Disability,or The Dept. of Justice,to file a complaint?

    All of the above, suggest to call or write their office,so I'm not sure which one to contact.In addition to filing complaint,I am seeking some compensation or reward or reimbersment.as a disabled tenant,,whose landlord refuses to accomodate a requ...

    Hans’s Answer

    Many civil rights claims can be pursued by filing a complaint, at no charge, with the Office of Civil Rights. Not knowing what you are trying to file, the OCR's website is a good place to begin your search for an answer. Civil rights claims can also be pursued in federal court (if based on civil rights secured by federal law and a federal court may even entertain civil rights claims based on state law by extending supplemental jurisdiction over such claims). As an owner operator of a place of public accommodation, the landlord is also subject to the 2010 ADA Standards for Accessible Design, depending on the nature of the accommodation you contend was wrongfully denied to you.

    Please see the below links to educate yourself further on the laws and legal processes associated with your situation.
    Good luck!

    Hans Gillinger
    Law Offices of Bonnie Z. Yates
    13323 Washington Blvd., Suite 300
    Los Angeles, CA 90066
    tel: (310) 204-6624
    fax: (310) 204-6624
    Direct: (310) 279-5048
    Email: hans@bonniezyates.com
    web: bonniezyates.com

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  • What is proper venue for California Administrative writ petition. Is it any Superior Court writ Dept?

    If the hearing was held at OAH in Sacramento does the petition need to be filed on Sacramento Superior Ct?

    Hans’s Answer

    Initially, the first attorney's response was entirely accurate. OAH is under contract with the state of CA to adjudicate administrative hearings from professional licensing to special education. Many matters over which the OAH has jurisdiction (such as special education) have the appeal/writ/review process set forth in the authorizing legislation. To the extent the authorizing legislation (such as the IDEA for special education) specifies a process for seeking judicial review, that process is nearly always the exclusive option for parties aggrieved by the administrative-level decision/ruling. When the process is specified by the legislation, the legislative scheme nearly always speaks to where subject matter jurisdiction lies and where venue is proper.

    When the substantive law is silent, procedures for review are sometimes set by the Administrative Procedures Act (APA). The OAH also maintains a compilation of procedural rules to which it adheres on its website. Where the APA is either not applicable or is silent and the substantive law is also silent, the OAH will look to state rules of civil procedure, and so too will courts sitting in review of the agency decision.

    In other words, the answer to your question is informed by many possible sources of law and by the nature of the OAH action for which you seek review. We would have to discuss these matters in order to identify the proper procedural vehicle to seek judicial review in your case. I too am happy to speak with you about this matter.

    Good Luck!

    Hans Gillinger
    Law Offices of Bonnie Z. Yates
    13323 Washington Blvd., Suite 300
    Los Angeles, CA 90066
    tel: (310) 204-6624
    fax: (310) 204-6624
    Direct: (310) 279-5048
    Email: hans@bonniezyates.com
    web: bonniezyates.com

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