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Webster v. Claremont Yoga

(California Court of Appeal) - Affirmed summary judgment against a yoga student's claim that her instructor caused her injury while adjusting her posture during a yoga class. According to the student, the instructor harmed her when he moved her leg, lower back, and neck. On appeal, the California Second Appellate District agreed with the yoga instructor that there was no triable issue as to causation, because the student had offered no evidence conflicting with that of the instructor's experts, who opined that the student's medical issues were unrelated to the yoga class.




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Northwest Title Agency, Inc. v. US

(United States Federal Circuit) - In a breach of contract action against the Government, the Court of Federal Claims grant of summary judgment in favor of the Government is affirmed where the contracts whereby plaintiff provides closing services for homes owned by the Department of Housing and Urban Development (HUD) unambiguously preclude plaintiff from charging additional closing fees.




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Cinema West, LLC v. Baker

(California Court of Appeal) - Affirming the superior court's determination that a movie theater being constructed using a loan from the city government and receiving city grant funds was subject to California's prevailing wage laws as they apply to 'public works.'




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Board of Trustees of Glazing Health and Welfare Trust v. Chambers

(United States Ninth Circuit) - Held that a 2015 Nevada statute designed to protect construction general contractors from certain claims was not preempted by ERISA. A group of labor unions brought this action seeking a declaratory judgment that Nevada's SB 223, limiting general contractors' vicarious liability for their subcontractors' unpaid labor debts, was preempted by ERISA. Finding no preemption, the Ninth Circuit vacated the entry of summary judgment for the unions.




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Westsiders Opposed to Overdevelopment v. City of Los Angeles (Philena Properties, L.P.)

(California Court of Appeal) - Held that the City of Los Angeles did not act unlawfully when it amended its General Plan to change the land use designation of a five-acre development site from light industrial to general commercial. Affirmed the denial of a neighborhood organization's petition for writ of mandate.




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Alonso v. Westcoast Corp.

(United States Fifth Circuit) - Held that a contractor breached its contract with a subcontractor. Affirmed a judgment after a jury trial but remanded for recalculation of damages under the Louisiana Prompt Payment Act, in this case involving an Army Corps of Engineers' project.




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NatWest Credit Card Services Banking Phishing Scam

An extremely legitimate looking phishing scam aimed at NatWest credit card holders.




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Lottery Scam - WESTERN UNION CUSTOMER REWARD PROMOTION

A SCREAMING 419 scammer. Maybe he is frustrated because nobody believes in the $700,000 prize money.




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Cialiswelness.com Spam - Cppgenius Unread messages

A fake Facebook message, taking you to some online pharmacy site.




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T-Mobile West LLC v. City and County of San Francisco

(Supreme Court of California) - Upheld a San Francisco ordinance that requires wireless phone service companies to obtain permits and conform with aesthetic guidelines when installing lines and equipment on utility poles. The companies sought a declaratory judgment that the ordinance is inconsistent with state law. However, the California Supreme Court was not persuaded by the companies' arguments.




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Southwestern Electric Power Co. v. EPA

(United States Fifth Circuit) - Invalidated portions of an Environment Protection Agency final rule regarding waste streams from steam-electric power plants. Remanded to the agency for reconsideration in regard to legacy wastewater and combustion residual leachate, in this challenge brought by environmentalists, utilities and others.




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Western Watersheds Project v. Grimm

(United States Ninth Circuit) - Revived conservationist groups' challenge to the federal government's participation in the killing of gray wolves in Idaho. Reversed a dismissal for lack of Article III standing and remanded.




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Ergon-West Virginia, Inc. v. EPA

(United States Fourth Circuit) - Vacated the denial of an exemption from the U.S. Environmental Protection Agency's renewable fuel standard program. A small refinery sought an extension of its exemption from EPA's renewable fuel standard program, which requires refineries and other facilities to allocate a certain percentage of their fuel production to renewable fuels. When the EPA denied the request for an extension, the refinery petitioned the Fourth Circuit, which concluded that the EPA's decision was arbitrary and capricious. The panel therefore vacated the EPA's denial and remanded for further proceedings.




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Crupar-Weinmann v. Paris Baguette America, Inc.

(United States Second Circuit) - Dismissal of a class-action suit alleging a willful violation of the Fair and Accurate Credit Transactions Act (FACTA) is affirmed because subsequent legislation clarified that receipts with credit card expiration dates do not raise a material risk of identity theft and no specific harm was alleged.




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Double Eagle Energy Services v. MarkWest Utica EMG

(United States Fifth Circuit) - Vacated and remanded. Subject matter jurisdiction is determined when the federal court's jurisdiction is first invoked, so although subsequent changes eliminated the basis for jurisdiction the propriety at the time of filing supported the continuation of the case.




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Moore v. Wells Fargo Bank, N.A.

(California Court of Appeal) - Reversed judgment and reinstated jury verdict in favor of Plaintiff. The trial court granted Defendant, Wells Fargo’s motions including a motion for judgment notwithstanding the jury verdict that found Wells Fargo committed fraud in a Home Affordable Mortgage Program case. The appeals court reversed the rulings and the judgment that it found in favor of Wells Fargo and remanded for further proceedings consistent with appeals court ruling.




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WellPoint, Inc. v. Comm'r of Internal Revenue

(United States Seventh Circuit) - Judgment of the Tax Court that plaintiff could not deduct from its taxable income either the amount it paid to the states or the legal expenses that it had incurred in the litigation, involving the acquisition of Blue Cross Blue Shield insurance companies, is affirmed as, under the application of the "origin of the claim" doctrine, costs incurred in defending the lawsuit were capital expenditures and so could not be deducted as ordinary and necessary business expenses.




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ARC Welding Supply Co., Inc. v. American Welding and Gas, Inc.

(United States Seventh Circuit) - Affirmed a judgment after trial in a contractual dispute between two industrial supply companies. The case involved the alleged breach of their asset purchase agreement.




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WE BELONG: Marina V & Dan Navarro Release A Beautiful Rendition Of Pat Benatar's Hit

Award-winning Recording Artist MARINA V Teams Up With Legendary Singer/songwriter, DAN NAVARRO, For Their Artistic Rendition Of PAT BENATAR'S 1984 GRAMMY-nominated Hit, WE BELONG




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Xprnc Media Announces The 'Rise Above - ON TOUR' Marketing Program Empowering Artists To Directly Connect With Fans In-store At Media Retail

The 'Rise Above - ON TOUR' Marketing Program Is An Innovative, Unique And Low Cost Opportunity To Place Your Local Performance In Front Of Committed Music Fans And Store Staff Across All Your Markets




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Between Vintage And Electronic: Speakeasy, The New Album By Luke & The Belleville Orchestra

Lemon Slice Records Has Released Speakeasy, The New Album By Luke & The Belleville, A Masterly Integration Between The Swing Of The 1930s And The Most Modern Rhythms And Sounds Of Electronic Music.




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People v Weaver

(California Court of Appeal) - Reversed and remanded for determination whether Defendant should be granted diversion under Penal Code sec. 1001.36. Defendant argued that there should have been a pretrial mental health diversion that should retroactively apply to him. Trial court rejected argument, appeals court reversed.




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Tweed-New Haven Airport Authority v. Tong

(United States Second Circuit) - Reversed and Remanded. Plaintiff sued seeking to expand its primary runway. The district court ruled that Plaintiff lacked standing to invalidate a Connecticut statute prohibiting the expansion, but even if it had standing the Federal Aviation Act did not preempt the statute. The appeals court disagreed and reversed and remanded for an entry of judgment in Plaintiff’s favor.




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JES Release New Crossover Track "We Belong To The Night"

JES, The Voice That Melts The Heart Of The Dance Floor Steps Into Fall With A New Song "We Belong To The Night" And A Brand New Vibe!




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Vanda Pharmaceuticals Inc. v. West Ward Pharmaceuticals

(United States Federal Circuit) - Affirming the decision of the district court holding, after a bench trial, that the asserted claims of a patent relating to the treatment of schizophrenia with iloperidone administered based on the genotype of the patient were infringed and not invalid.




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Effectieve samenwerking? Weg met eigenbelang en wantrouwen

“Als je iemand vertrouwt, maak je hem betrouwbaar”, zei de Romeinse filosoof Seneca. Maar geldt dat nog steeds in deze snel veranderende online wereld? Kun je in tijden van alternatieve feiten en online oplichters wel uitgaan van vertrouwen? En als asociaal eigenbelang op de loer ligt? Zeker in organisaties willen we graag ‘in control’ zijn […]




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Haal meer uit Google Ads met nieuwe B2B-doelgroepen

Iedereen die voor een B2B-bedrijf Google-zoekadvertenties inzet herkent het wel. Voor relevante zoekwoorden die dicht bij een conversie staan, betaal je een hoge CPC. Om dit te omzeilen kiezen veel adverteerders voor brede zoekwoorden, maar dat levert ook irrelevante klikken op van consumenten die je niet wil aantrekken. Nu komt Google met B2B search audiences: […]




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11 tips voor een productievere werkdag [infographic]

To-do-lijstjes die groter worden in plaats van kleiner, deadlines die zich opstapelen en een bomvolle agenda met afspraken. Het kan frustrerend zijn als je na een lange werkdag niet alles afgerond hebt wat je graag af wilde hebben. Zeker in deze periode waarin thuiswerken de normaalste zaak ter wereld is en alles op afstand moet. […]




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Queen Elizabeth Honours War Dead: 'They Died So We Could Live as Free People'

Queen Elizabeth II marked the 75th anniversary of Victory in Europe Day with an address to the British Commonwealth honouring the sacrifice of the fallen.




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Sanders: 'It Would Be an Economic Disaster' if Trump Didn't Fund Postal Service and It 'Went Under'

On Friday’s broadcast of MSNBC’s “All In,” Sen. Bernie Sanders (I-VT) discussed what kind of economic stimulus should be passed to respond to the coronavirus and stated that it would be “an economic disaster” if President Trump didn’t fund the




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Ousted BARDA 'Whistleblower' Rick Bright: I Am Not Disgruntled -- 'I Am Frustrated at a Lack of Leadership'

Rick Bright, the former head of the Biomedical Advanced Research and Development Authority (BARDA), proclaimed by some in the media to be a "whistleblower" against the Trump administration, told CBS News that he was not a disgruntled employee.




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Kenyan Governors: We Can't Control Coronavirus with Open Border

Kenya's regional governors are calling on national authorities to close the country's borders as illegal migration from surrounding countries has caused an increase in imported coronavirus cases, Kenyan newspaper the Nation reported on Thursday.






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The Ramona Flowers Release Captivating Single “Out Of Focus”

UK Band Unveils Music Video Ahead Of “Strangers” Album Release




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The Ramona Flowers Release New Album Strangers

UK Band Unveils Highly Anticipated Album And Partnership With Menswear Brand, By Robert James




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Fresno County Employees' Retirement Association v. Isaacson/Weaver Family Trust

(United States Second Circuit) - Rejected an objecting class member's challenge to the amount of attorney fees awarded to a law firm that represented the class in a shareholder lawsuit. Raising what the court described as a novel issue, the objector contended that the lodestar fee must be unenhanced because the action was initiated under a statute with a fee‐shifting provision.




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NEI Contracting and Engineering Inc. v. Hanson Aggregates Pacific Southwest Inc.

(United States Ninth Circuit) - Held that an engineering company could not proceed with a class action lawsuit alleging that its former concrete supplier unlawfully recorded cellular phone users' calls without their consent. Affirmed an order decertifying the class on the ground that the class representative lacked individual standing.




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T-Mobile West LLC v. City and County of San Francisco

(Supreme Court of California) - Upheld a San Francisco ordinance that requires wireless phone service companies to obtain permits and conform with aesthetic guidelines when installing lines and equipment on utility poles. The companies sought a declaratory judgment that the ordinance is inconsistent with state law. However, the California Supreme Court was not persuaded by the companies' arguments.




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In re Webb

(Supreme Court of California) - Held that courts may impose release conditions on persons who post bail. A defendant who posted bail contended that it was improper to require her to also agree to submit to warrantless searches. However, the California Supreme Court concluded that a trial court does have authority to impose reasonable conditions related to public safety.



  • Criminal Law & Procedure

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Ground-breaking Christian Radio Show Celebrates 37 Year Anniversary, Welcomes New Affiliates

“Joyful Sounds” Was First Broadcast In 1982. Founder Rob Green Also Hosts The “Gospel Country” Radio Show And Operates Christian Music Weekly Magazine.




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ARC Welding Supply Co., Inc. v. American Welding and Gas, Inc.

(United States Seventh Circuit) - Affirmed a judgment after trial in a contractual dispute between two industrial supply companies. The case involved the alleged breach of their asset purchase agreement.




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Papalote Creek II, L.L.C. v. Lower Colorado River Authority

(United States Fifth Circuit) - Held that a dispute involving an agreement to purchase power from a wind turbine farm was outside the scope of the parties' arbitration clause. Reversed an order compelling arbitration, in this lawsuit seeking a declaratory judgment regarding the meaning of a contractual provision.




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Alonso v. Westcoast Corp.

(United States Fifth Circuit) - Held that a contractor breached its contract with a subcontractor. Affirmed a judgment after a jury trial but remanded for recalculation of damages under the Louisiana Prompt Payment Act, in this case involving an Army Corps of Engineers' project.




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Gemini Tech. Inc. v. Smith & Wesson Corp.

(United States Ninth Circuit) - Reversed the district court’s dismissal of an action based on the forum selection clause in the parties’ contract. Held that the district court abused its discretion in overriding the strong public policy in Idaho Code section 29-110(1).




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Moore v. Wells Fargo Bank, N.A.

(California Court of Appeal) - Reversed judgment and reinstated jury verdict in favor of Plaintiff. The trial court granted Defendant, Wells Fargo’s motions including a motion for judgment notwithstanding the jury verdict that found Wells Fargo committed fraud in a Home Affordable Mortgage Program case. The appeals court reversed the rulings and the judgment that it found in favor of Wells Fargo and remanded for further proceedings consistent with appeals court ruling.




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Video: Dr Weldon On Bermuda’s Covid-19 Testing

Dr. Carika Weldon attended the Government press briefing held on Wednesday [May 6] in order to provide a scientific overview of Bermuda’s...




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Weather Forecast For Saturday May 9

Saturday, May 9 is expected to be windy with a few clouds from time to time, with the high to be near 23°C/73°F and the low to be near 17°C/62°F,...





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‘Just Be Courteous’ — CapRadio Answers Your Questions About Anxiety, Who To Listen To And What Precautions To Take As The Stay-At-Home Orders Begin to Lift

By Ezra David Romero

As the state slowly begins to reopen there’s a lot of mixed messages about what it means for Californians because counties, cities and the state are opening at different paces. 

CapRadio recently asked our audience about what concerns them about the reopening beginning to take place. We heard everything from California is opening prematurely so officials should take more caution to relief that some people can go back to work. 

There was an air of anxiety in their responses like this: “I think it is too early, and people just need to calm down. We need more testing before we start making plans to reopen so we can know what we are dealing with.”

Our listeners noted that they’re concerned because there are new transmissions and deaths from COVID-19 almost daily in the state. As of May 6 there were 60,614 cases in the state and 2,504 deaths. 

But how do we move forward? CapRadio’s region encompasses many counties and two states all with different rules. Imagine living in one county with a strict stay-at-home order and working in another where restrictions are limited. That’s the reality for many of our listeners and it’s producing anxiety for some.

We reached out to experts to find out how to meander through all the noise, news and changing guidelines.

What we looked into:

Experts:

Sarah Jaquette Ray - Author, A Field Guide to Climate Anxiety: How to Keep Your Cool on a Warming Planet 

Paul Smaldino - Assistant Professor of Cognitive Science at UC Merced. He studies the interaction between individual behavior and social organization, with a perspective rooted in evolutionary ecology and complex systems.

Holly MartinezDirector of Programs and Advocacy with the California State Parks Foundation.

Kathyrn G. Kietzman - research scientist at the UCLA Center for Health Policy Research. Emphasis in elder health. 

John Swartzberg - an infectious disease specialist at the UC Berkeley School of Public Health.

How to find meaning within this crisis and how to fight off anxiety

Make a list.

That’s the advice Sarah Jaquette Ray is giving people who are dealing with anxiety because of the pandemic. The list should include all the things that are going well, because it will hopefully lift you out of the mundane. 

“Every morning I try to write down a couple of things that I'm going to look forward to that day,” Ray said. “Even if it's as simple as like making lunch for my kids or something dumb like calling my mom … it kind of marks points in my day that are a little bit more redolent with meaning for myself.”

The goal is to milk the value out of what we can control in our lives, Ray said. She recently wrote a book about climate anxiety and she says COVID-19 isn’t too different. 

“Climate change is going to unleash a lot more pandemics,” she said. “There's a direct kind of scientific connection. But in terms of the immediate threat that we feel with COVID, most people don't really feel that with climate change.”

She says people should see pandemics as part of climate change. But she says not to get too caught up in that and think about ways to overcome anxiety. She recommends only consuming media so often, because it can be overwhelming, disruptive and confusing for people.  

“We should be really thoughtful about the media that we consume and be quite disciplined about that because the media that we're consuming is known for trying to capture our negative attention,” she said. “We are also more inclined neurologically to focus on negative news … so we really need to be deliberate about the media that we consume.”

Lastly she says people should focus on what they can control because “that will distract us from a lot of the anxiety and worry, which is going to be there anyway.”

Precautions moving forward

With so many recommendations out there from local, county and state leadership, CapRadio decided to ask public health experts about how to go about life as the economy reopens. 

John Swartzberg, an infectious disease specialist at the UC Berkeley School of Public Health, says it can be hard to know what to do because there is no recent playbook on how to deal with the pandemic. 

“So the next best thing is to turn to people who are making decisions based upon good solid data as opposed to the kind of information we're getting out of the White House,” Swartzberg said.

He applauds how California dealt with bending the curve and he says “we can’t shelter in place forever,” but going back to work may mean a second wave of transmissions. As the pandemic lingers and some people return to their jobs he says it’s still important to socially distance, to use masks and to wash your hands. 

“I worry that people think that if they're wearing a mask, they don't have to be very careful … and that's not the case,” he said. “The mask will help prevent somebody else from transmitting it to you.”

But he says California hasn’t tested enough people and that “without rigorous testing, we may see the curve starting to go up, then we immediately have to pull back.”

Swartzberg reiterated that the virus is still here and we don't know what percentage of the American population has already been infected with it.

“Our best guesses are somewhere between 3 and 5%, which means there's somewhere between 95 and 97% of the American population still susceptible to this virus,” he said. “Nothing has substantially changed since this pandemic began. Nothing.

“It's hard to believe it won't happen, that people are going to get infected in large numbers again.”

Paul Smaldino, a professor who studies collective social behavior at UC Merced, is also concerned a second wave could take place. He recommends taking any precaution you can because this is about protecting each other. 

“Wearing a mask is going to dramatically decrease the chance that you infect someone else; and I think that framing often gets lost,” he said. “You should also think about the fact that if you're sick, you have a responsibility to other people to not infect them. Not just because you're a nice person or whatever, but because we are all part of a society.”

He recognizes needs are different for each community. For example, a rural town might need different rules than a metropolis.

“We also need to remember that we're connected, right?” he questioned. “Just because you live in a low population area doesn't mean you don't have the possibility of infecting someone or being infected by someone in a high population area, even if you yourself aren't going between those areas [because] people still travel.”

How do vulnerable communities move ahead? 

CapRadio also received a lot of questions about seniors and disadvantaged communities that are more prone to catching COVID-19. Some said they’re “scared about more infections and the disproportionate impact on people of color.” Others have illnesses or are of an age that make them more vulnerable and are “not not sure when it will be actually safe to go out or when can we allow family members to visit?”

Kathryn Kietzman studies elder care at UCLA and says it’s very important that vulnerable communities take extra precaution. That may mean staying indoors a lot longer than everyone else. 

“I think that seniors and people of all ages with health conditions need to really proceed with caution and to not assume that because things are starting to open up that means we're free and clear,” she said. 

Because there's so many unknowns, like when a vaccine will be available, she says it’s important for seniors and their loved ones to stay the course.

Kietzman says “it’s a big risk to” open up the economy, because “you can't bring back a life. So, for me, the scales need to be balanced toward protecting and saving lives at all costs.”

For anyone dealing with sickness or 65 years of age or older she recommends talking to your doctor before you follow any order saying you can leave your home. 

“They may be able to help you without you having to leave your home to get evaluated,” she said. “Seniors and others with underlying health conditions that need attention, need to consult a doctor … to find out what can be done in response to their immediate health needs.”

She says it’s still very important to keep seniors in mind and to help them, because they will most likely be the last people to undergo a lifting of stay-at-home orders. 

“If stores are opening up that weren't open before, and an older adult has a need for something, enlist a family member or enlist a caregiver to get those things,” she said. “I would still recommend staying as close to the original stay at home guidelines as possible.”

For any seniors needing someone to chat with she recommends calling the Friendship Line. It’s a 24-hour hotline designed for older adults to have someone to reach out to when feeling anxious or to get information. That number is 1-888-670-1360

Is it safe to go out into the natural world?

Californians love the outdoors. It’s been hard for many to shelter-in-place when some of the best trails, parks and beaches in the world are so close by. 

CapRadio listeners who enjoy the outdoors or live in rural areas are concerned as well. They are worried about people bringing the coronavirus to places like Lake Tahoe, which could have lasting effects on the economy there.

There’s been a lot of confusion, or desire, about where people can recreate during the shelter-in-place orders. Holly Martinez, director of programs and advocacy with the California State Parks Foundation, says that’s because “most Californians don't typically understand the difference between a city, county, regional, state or national park.”

Martinez’s advice is simple. Check to see if the area you want to visit is open before you leave. And if you’re sick stay home no matter what the order for your area is. 

“Don't go outside — that is a really important thing even if you have face covering or gloves, it's just better to be safe than sorry to not expose other people to whatever illness you might have,” she said.

If you are feeling well and choose to hike a trail or visit a beach she says only go with the people you live with. 

“Don't take that risk to expose others who might be carrying the virus and not even know it,” she said. 

When people go outside she recommends wearing a mask and gloves, especially when visiting areas with lots of people. She also says to bring hand sanitizer and lots of water because fountains will likely not be running.  

When hiking, visiting a park or laying out at the beach she says to stay six feet away from people and to make sure your presence is known.

“If you're approaching somebody, simply say hello and move aside giving the other person six feet of space to move by,” she said. “Just be courteous … and be very communicative about your presence so that people are clear that you're there and that we're respecting each other's space so that we can all enjoy these incredible places.”

CapRadio's Helga Salinas contributed to this report.