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Math of inheriting a California home: Experts answer your questions on managing property transfers

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Math of inheriting a California home: Experts answer your questions on managing property transfers


One thing is clear: the math of inheriting a home in California is complicated and depends on individual situations. 

Courtesy of the realtor

If the responses to my last column on the math of inheriting a home in California are any indication, Proposition 19 has introduced many questions into people’s finances and how they are planning for the future.

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In that column, I outlined what to consider if you inherit a home or are planning to pass property to your kids. I spoke with tax experts and estate attorneys about the implications of Prop. 19, which went into effect in 2021 and dramatically changed how Californians are taxed on inherited property. One estate attorney called it the “worst thing to happen in inheritance law in California in decades.”

Many of you sent some interesting follow-up questions. So I went back to the lawyers and reached out to several Bay Area tax assessors to get some answers.

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One thing is clear: estate planning is complex and every person’s situation is different. No advice will be one-size-fits-all, and experts urge you to contact legal and financial advisors or your local assessor’s office for specific guidance.

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Welcome to Hella Expensive, a column that’s aimed at helping readers navigate the financial aspects of living in the Bay Area. In each column, I’ll present a topic that impacts your bank account and financial future: homeownership and renting, the path to retirement, and how to manage your money in this infamously expensive region. Send your financial questions and concerns to me through the survey below, or email me at kellie.hwang@sfchronicle.com.

Question: I’ve heard that parents can set up an LLC with their children and put the house into the LLC. Since ownership does not change on the death of the parents, the property isn’t reassessed. Is this correct?

Estate planning attorney Alexandra Ayoub of Ayoub & Dodson LLP in Oakland said LLCs can be a beneficial solution for some, but warns that it must be set up correctly. 

“The rules around reassessments for LLCs are quite complex and depend on ‘change of control/change of ownership,’” she said. “If there’s a change in ownership of over 50% of the LLC, property taxes will be reassessed. Further, if the change of ownership is not reported to the California State Board of Equalization within 90 days, there are steep penalties.”

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San Francisco estate planning and probate attorney Elizabeth Button said families should consult an estate planner who specializes in this type of transfer.

“The LLC and the gifting must be done in a way that will not trigger a reassessment, with the children being minority shareholders in the LLC,” she said. “This isn’t always an option for everyone since it must be done with an attorney and can be expensive.”

She said an LLC can be put into a trust and the assets can pass free of probate, the often lengthy and costly legal process to transfer property after a property owner dies. In California, it can take on average between nine months to a year-and-a-half to go through probate, perhaps even longer.

Q: Is it possible to add an adult child’s name to the house deed before the original purchasing parent passes? Would this simplify the inheritance and possible probate court process?

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“The idea of adding children onto your deed in order to facilitate inheritance is fraught with problems,” said Steve Brickley, a CPA and financial planner with Brickley Wealth Management in San Mateo.

According to the San Francisco Assessor-Recorder’s Office, a child added to the title could be subject to California Change in Ownership rules and it could trigger a reassessment.

The California State Board of Equalization explains: “If 50% of the property is transferred, the assessor will reassess only 50% of the property at its current fair market value as of the date of the transfer, and deduct 50% from any existing Proposition 13 base year value.”

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And the Prop. 19 rule on residence would still apply no matter when children are added to the deed: the home must be the parents’ principal residence and become the child’s principal residence within one year of the parents’ passing.

The beneficiary would have the right to survivorship on the title, which would allow them to avoid probate and the property to be transferred automatically upon the parent’s death. 

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However, “this depends on how title is held on the deed (such as Joint Tenancy or Tenancy in Common), and is another example where families need to consult with a qualified attorney and financial advisor,” the S.F. assessor-recorder’s office wrote in an email statement.

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“It may bypass the probate process, but you’d be paying more in taxes yearly than you would for a probate or trust,” Button said.

Q: A reader writes: “A simple self-prepared Transfer on Death Deed recording is the least expensive, most flexible and easiest option to transfer property.” Is this true?

A revocable transfer on death deed or TOD deed allows a homeowner to transfer their property to a named beneficiary and, if the deed is done correctly, avoid probate. It has no effect until the owner dies, and can be revoked at any time, according to the California Legislative Information website.

TOD deeds are sometimes called “poor man’s trusts” because they avoid the need to set up expensive trusts to keep assets out of probate. They are especially useful for single people, including widows and widowers, according to a 2015 Chronicle story

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Ayoub said these deeds are a “relatively new vehicle by which one designates a beneficiary to inherit the subject property upon their death.”

She believes it is not a good substitution for an estate plan, and “would only be appropriate in very limited circumstances.” Like adding a child to the title, this deed could potentially avoid probate but won’t help with the Prop. 19 reassessment, Ayoub said.

She said people who try to do TOD deeds on their own often don’t do it properly, and the process can be “rife with pitfalls.”

Some other issues Button says a person could run into with a TOD deed are:

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  • If the person named in the deed dies before the homeowner, then the deed would become invalid. 
  • It doesn’t allow for a contingent beneficiary to be named.
  • Problems could arise if the deed names a minor, who wouldn’t be able to take possession of the property until they turn 18. Button said the type of deed doesn’t allow for a custodian to be named, so a custodian would need to be appointed in court.
  • The TOD leaves the named individual personally liable for the transferor’s debts, and could cause problems with title insurance, which could take years to resolve. This would lead to the named being forced to upkeep the home.

Q: How does Prop. 19 affect the inheritance of a property among siblings, when one of them lives in the property but others do not? Currently, my parents live in one unit, while my sister lives in another, smaller, unit. Assuming that remains true, how would property taxes be reassessed under Prop. 19?

According to the San Francisco Assessor-Recorder’s Office, the building as a whole is not considered a principal residence.

“Only the parent’s unit will qualify for Prop. 19 exclusion, as long as one of the children makes that unit their principal residence and files for the Homeowner’s Exemption within one year of property transfer. The other two units will be reassessed at Fair Market Value because they were not the parent’s principal residence.”

Q: My uncle owns a home in San Francisco, and is worried that if he were to go to an assisted living or nursing facility, that would change the way the home is reassessed when it passes to his kids because he wouldn’t be living there. Is this true?

Your uncle can file for the homeowners’ exemption prior to moving to a facility. Upon filing, he may be eligible for an exemption of up to $7,000 off the property’s assessed value. 

According to the San Francisco Assessor-Recorder’s Office, the homeowner would qualify for the homeowners’ exemption as long as it is not rented or leased to others, and they are expected to return to the dwelling. An absence of more than a year would “raise considerable doubt” that the home is their primary residence and that they would actually return. 

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“The issue becomes how long the assessor will honor that exemption depending on how long the uncle is out of the home, and whether the home is rented while he is absent,” said John Tuteur, assessor-recorder-county clerk for the County of Napa. “The law does provide for an expectation that the uncle will return to the home if not rented during his absence and depending on the length of time he is absent.”

Rachel A. Dodson, estate planning attorney at Ayoub of Ayoub & Dodson LLP, pointed out that there is currently proposed state legislation, SB 520, that applies to this exact situation. If passed, it would allow a person receiving the homeowners’ exemption to continue to be deemed an occupant of their home if they become confined to a care facility, as long as they intend to return to the dwelling and it is not rented or leased out while they are gone.

If you have more questions or are looking for affordable resources:

Lower-cost and DUI estate planning resources are available online, but experts warn these can easily go wrong if not handled correctly. Button said some common mistakes she’s seen include using legal terms incorrectly, unfunded trusts, no contingent beneficiaries named, and documents signed when they should be notarized or vice versa.

However, in partnership with Housing and Economic Rights Advocates, the San Francisco Office of the Assessor-Recorder provides free and low-cost estate plans to low- and middle-income San Franciscans, focusing on residents in the southeast and other neighborhoods where there is a combination of high homeownership rates, lower-income communities, and communities of color.

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The office encourages those with questions about Prop. 19 to visit in person at City Hall, Room 190, phone 415-554-5596, or email assessor@sfgov.org. 

It is also hosting an estate planning 101 workshop on Jan. 26. RSVP here. Also in January are two workshops — Jan. 12 and 19 — addressing Prop. 19 intergenerational property transfers. RSVP here.



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California

California woman defrauded over $150 million from USPS: officials

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California woman defrauded over $150 million from USPS: officials


A Southern California woman pleaded guilty Friday to defrauding the United States Postal Service out of more than $150 million by using counterfeit stamps to ship tens of millions of packages, according to the U.S. Attorney’s Office, Central District of California. 

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Lijuan “Angela” Chen, 51, of Walnut, owned and operated a package shipping business in Industry, along with fellow co-owner Chuanhua “Hugh” Hu, 51, officials said. This company provided shipping services including the shipping of packages via USPS for China-based logistics businesses. 

To avoid paying for official postage, officials said as early as 2020, Hu began creating fake postage by printing duplicate and counterfeit Netstamps, which can be bought online and printed onto adhesive paper.

When he realized authorities were on to him, Hu fled to China, where he allegedly developed a computer program for fabricating counterfeit postage shipping labels. Chen remained in the U.S. and managed the shipping center’s warehouses.

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“This defendant participated in a fraud scheme that caused massive losses to our nation’s postal service,” said United States Attorney Martin Estrada. “My office will continue to focus on holding fraudsters accountable and bringing justice to victims everywhere.”

As part of her plea agreement, Chen has agreed to forfeit funds that law enforcement seized from her bank accounts, insurance policies, and real estate in Walnut, Chino, Chino Hills, South El Monte, Diamond Bar, and West Covina.

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Chen’s next hearing is scheduled for Aug. 2. She faces a maximum sentence of five years after pleading guilty to one count of conspiracy to defraud the U.S. and one count of use of counterfeit postage.

Hu is believed to be living as a fugitive in China. He faces several charges, including one count of conspiracy to defraud the U.S. and one count of forging and counterfeiting postage stamps. 



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Amid protests over Gaza, Southern California colleges juggle student safety, graduation plans

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Amid protests over Gaza, Southern California colleges juggle student safety, graduation plans


As tensions boil at universities across the country amid scattered police confrontations with pro-Palestinian protesters, Southern California colleges are grappling with campus safety issues as graduation ceremonies near in the coming weeks.

Locally, major disruptions have occurred at four campuses — USC, UCLA, UC Irvine and Pomona College — over student-led demands for a permanent ceasefire in the war on Gaza and an end to financial support for Israel. And although security concerns there have been the most intense, other Southern California colleges are now taking measures to ensure their commencement activities — and the weeks leading up to them — are free of similar clashes.

Turmoil has been highest at USC, which found itself in a national spotlight when it canceled the commencement speech by Muslim valedictorian Asna Tabassum of Chino Hills over security concerns triggered by her anti-Israel social media views. A backlash over that decision from students and outside groups prompted the university to cancel all graduation speakers and honorees at its main commencement ceremony.

Then, days later as tensions flared, the LAPD arrested nearly 100 pro-Palestinian protesters at USC. University officials responded by canceling its “main stage” commencement scheduled May 10 over “new safety measures.” The ceremony was expected to draw 65,000 people to Alumni Park.

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The school, however, still will host “dozens” of smaller, secure commencement events and receptions from May 8 to 11 where graduates can walk across the stage to receive their diplomas. The secured events will be ticketed, with a “clear bag” policy.

  • University of Southern California protesters push and shove University Public Safety officers as tempers get heated during a pro-Palestinian occupation on the University of Southern California campus Wednesday, April 24, 2024 in Los Angeles. (AP Photo/Richard Vogel)

  • Pro-Palestinian students and non-students take over Alumni Park at USC...

    Pro-Palestinian students and non-students take over Alumni Park at USC in Los Angeles on Wednesday, April 24, 2024 calling for divestment in Israel over the Israel-Hamas war. (Photo by Sarah Reingewirtz, Los Angeles Daily News/SCNG)

  • A University of Southern California protester is detained by USC...

    A University of Southern California protester is detained by USC Department of Public Safety officers during a pro-Palestinian occupation at the campus’ Alumni Park on Wednesday, April 24, 2024 in Los Angeles. (AP Photo/Richard Vogel)

  • University of Southern California protesters carry a tent around Alumni...

    University of Southern California protesters carry a tent around Alumni Park on the University of Southern California to keep security from removing it during a pro-Palestinian occupation on Wednesday, April 24, 2024, in Los Angeles. (AP Photo/Richard Vogel)

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  • Monique, of ANSWER Coalition, leads chants as Pro-Palestinian students and...

    Monique, of ANSWER Coalition, leads chants as Pro-Palestinian students and non-students take over Alumni Park at USC in Los Angeles on Wednesday, April 24, 2024 calling for divestment in Israel over the Israel-Hamas war. (File photo by Sarah Reingewirtz, Los Angeles Daily News/SCNG)

  • UCLA students set up a Palestinian solidarity camp at their...

    UCLA students set up a Palestinian solidarity camp at their Westwood campus on Thursday, April 25, 2024. The encampment comes one day after a protest on their
    cross-town rival USC. (Photo by Sarah Reingewirtz, Los Angeles Daily News/SCNG)

  • A woman holds a flag of Palestine as people demonstrate...

    A woman holds a flag of Palestine as people demonstrate in support of Palestine at the University of California, Irvine in Irvine, CA on Thursday, April 25, 2024. Protests have been staged at college campuses across the nation in response to the war between Israel and Palestine. (Photo by Paul Bersebach, Orange County Register/SCNG)

  • A University of Southern California protester, right, confronts a University...

    A University of Southern California protester, right, confronts a University Public Safety officer at the campus’ Alumni Park during a pro-Palestinian occupation on Wednesday, April 24, 2024, in Los Angeles. (AP Photo/Richard Vogel)

  • UCLA students set up a Palestinian solidarity camp at their...

    UCLA students set up a Palestinian solidarity camp at their Westwood campus on Thursday, April 25, 2024. The encampment comes one day after a protest on their
    cross-town rival USC. (Photo by Sarah Reingewirtz, Los Angeles Daily News/SCNG)

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  • People listen to speakers during a demonstration in support of...

    People listen to speakers during a demonstration in support of Palestine at the University of California, Irvine in Irvine, CA on Thursday, April 25, 2024. Protests have been staged at college campuses across the nation in response to the war between Israel and Palestine. (Photo by Paul Bersebach, Orange County Register/SCNG)

  • Police detain protesters near a transport vehicle on Friday, April...

    Police detain protesters near a transport vehicle on Friday, April 5, 2024, at Pomona College in Claremont. An earlier protest was organized by student-led group Pomona Divest from Apartheid. Students occupied an administration building at Pomona College refusing to obey college officials’ demands that they leave during a protest in support of Palestinians. Twenty people were arrested, according to the Claremont Police Department.(Photo by David Allen/staff)

  • A student protester at Pomona College studies in front of...

    A student protester at Pomona College studies in front of the mock Israeli apartheid wall on Wednesday, April 3, 2024, in opposition to the violence in Gaza. The student-led Pomona Divest from Apartheid Campaign organized this protest, demanding divestment of the college’s relations with the state of Israel. The protest also included an occupation of the campus center lawn with a campout. (Photo by Anjali Sharif-Paul, The Sun/SCNG)

‘Massive overreaction’

Some have condemned USC for what they believe was an escalating series of missteps that provoked much of the hostility on campus.

Mike Ananny, a tenured USC professor who was among 50 faculty members protesting on campus Friday, April 26, blamed the university for “a massive overreaction” to the threats that surfaced over Tabassum’s speech. USC, he said, could have resorted to other options over stripping the valedictorian of her voice.

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“I find ‘safety concerns’ hard to believe because the university has hosted many other contentious speakers and has invested security resources, so they chose not to do that,” said Ananny, 48. “I think (students’) voice is very much needed at this time. The big error and failure was inviting the LAPD in riot gear with nonlethal weapons, intimidating students and faculty and, really, the LAPD turned the campus into a zone of military activity.”

Must ‘protect our community’

However, USC President Carol Folt defended the university’s actions.

In a community email sent late Friday, Folt reiterated her responsibility as president to “uphold our Trojan values so that everyone who lives, learns, and works here can have safe places to live, learn, and speak.” She also called Alumni Park, the center of protests and the traditional site of commencement, “unsafe,” claiming that buildings were vandalized, among other safety issues.

“No one wants to have people arrested on their campus. Ever,” Folt said. “But, when long-standing safety policies are flagrantly violated, buildings vandalized, DPS directives repeatedly ignored, threatening language shouted, people assaulted, and access to critical academic buildings blocked, we must act immediately to protect our community.”

USC graduate student Morgan Dommu said the university hasn’t gotten the message from protesters.

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“It’s clear whose interests this school has at heart,” Dommu said. “We want to learn, just not at the expense of someone else’s life.”

No ‘right to intimidate’

Meanwhile, organizers from the student-led USC Hillel issued a statement on Instagram last week saying that while students have a right to protest, “they do not have the right to intimidate or threaten Jewish students.”

“No student should feel unwelcome in their own campus home, and our Jewish students are telling us that these actions and this hostile rhetoric induce feelings of fear, terror, and instability,” the statement read. It further called on USC partners to ensure a safe campus.

Calling the commencement cancelation a “heavy blow” and noting that students in the Class of 2024 also were deprived of their high school graduation ceremonies because of the pandemic, the group decided to organize its own Jewish Communal Commencement at the Hillel on May 10.

Other campus protests

Across town at the Westwood campus of UCLA, a “Palestine solidarity” encampment that started Thursday with students outside Royce Hall grew to include more than 1,000 activists. They demanded that the UC system sever its connection to Israeli universities, support an immediate ceasefire in Gaza and end “the occupation and genocide in Palestine.” No arrests have been made.

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Mary Osako, vice chancellor for UCLA’s strategic communications, said the university is trying to uphold its “history of peaceful protest” as it works to strike a balance between safety and First Amendment rights of free speech.

“It’s also important to note that we are following University of California systemwide policy guidance, which directs us not to request law enforcement involvement preemptively, and only if absolutely necessary to protect the physical safety of our campus community,” Osako said.

UCLA, which does not have valedictorians or a “main” graduation ceremony like at USC, is planning for multiple college ceremonies on Friday, June 14. Officials did not respond to questions about security related to the events.

At UC Irvine, where a large pro-Palestinian demonstration was held on campus Thursday, this year’s graduation will be “business as usual,” spokesperson Tom Vasich said.

“A very different story” from USC, Vasich said.

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While security protocols were in place at the campus-wide demonstration, Vasich said the university did not want to escalate the situation, saying they “want to protect (the protesters’) First Amendment rights.”

The school, which also does not have valedictorians, will host various commencement ceremonies from early May through mid-June.

Abri Magdaleno, a graduating English major at UCI, acknowledged students are concerned “that things are going to be impacted, such as commencement, because of how intense this is.”

“UCI has always been business as usual for pretty much everything — except for COVID, of course,” Magdaleno said. “Ultimately, I don’t think commencement will be affected. We’ll have to see what the administration does.”

Other colleges carry on

Officials at Chapman University in Orange said the ongoing Israel-Hamas conflict has not affected any plans for graduation, with ceremonies scheduled from May 17 through 19. On Wednesday, the university’s Students for Justice in Palestine held a small protest on campus, but the event did not interrupt campus operations and there were no complaints from public safety personnel, said Chapman spokesperson Molly Thrasher.

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Thrasher said the university is in the midst of commencement planning, and will continue to monitor political activities on campus.

At Cal State Northridge, commencement ceremonies will go on as scheduled from May 17 through May 20. The school’s website includes messaging on how it will handle security through the Department of Police Services, including metal detector screenings and a one-bag policy. Spokesperson Perrine Mann declined to comment about whether the potential for protests has affected their graduation plans.

Cal State Los Angeles also has “no plans to alter our traditional commencement” on May 20 and 21 at the Los Angeles Convention Center, said Victor M. Rojas Jr., the college’s chief of staff. Rojas added that all campus events have proper protocols to “ensure a safe and celebratory environment for all participants and attendees.”

Cal State LA students are planning a pro-Palestine protest on May Day, May 1.

“The university values freedom of expression as a cornerstone of a democratic society and believes it is essential to the educational process,” Rojas said.

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Cal State Long Beach, the site of protests and vigils in the aftermath of the Oct. 7 attacks in Israel, has not had any form of physical attacks or violence, according to spokesperson Jeff Cook.

“We’ve remained concerned for any member of our community who feels impacted by perceived antisemitism or Islamophobia, and have in place procedures to both provide support and the substantive review of any concerns, if made,” Cook said in an email.

Cook also said safety during commencement — planned for May 19 through 23 at Angel Stadium — is “always central to our planning.”

At Cal Poly Pomona, spokesperson Cynthia Peters said university leadership, police and graduation organizers have been working together on plans “to ensure the safety of all commencement ceremonies,” which are planned for May 17 through 20 in the school quad.

Peters said there has been no major political disruption on campus, and that Cal Poly’s Dean of Students Office has “been in continuing dialog with the student groups most impacted by conflict in Gaza and Israel to listen and to learn how the university can best support them.”

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At Cal State San Bernardino, commencement ceremonies are planned for May 17 and 18 at Toyota Arena in Ontario. Spokesperson Alan Llavore said university and city police will be present to ensure “that commencement can take place with little to no disruptions.”

UC Riverside also will conduct most of its eight graduations — scheduled from late May through mid-June — at Toyota Area. Spokesperson Sandra Martinez said university and city police will focus on “pursuing the highest level of safety for the community and guests.”

Martinez said that UCR has not had any significant protest activity on campus lately related to the Gaza conflict.

Nationwide reckoning

Some believe that unrest on college campuses is merely a reflection of a nationwide reckoning.

At a news conference in Beverly Hills late last week, Republican U.S. Senate candidate Steve Garvey called campus turmoil — from Columbia and Ohio State to the University of Texas and NYU — a “moment where terrorism is disguised as free speech.”

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“I believe demonstrations that allow people to build encampments that obstruct the pathway to classes and the opportunity to learn is terrorism,” Garvey said. “I believe there is free speech but I also believe that demonstrations that disrupt the business and natural flow of colleges and universities to teach our young children about the future, and how to be future leaders, are interrupted by terrorists.”

Brian Levin, a professor emeritus at Cal State San Bernardino and founder of the Center for the Study of Hate and Extremism, noted the rising number of hate crimes and rhetoric among both anti-Jewish and anti-Muslim groups in major cities since the Hamas attacks on Oct. 7.

Levin argued that college campuses are meant to foster open, nuanced communication — and students oftentimes have the loudest voice when it comes to causes. He said administrators must be sensitive about the “generational grief” that students, particularly those of color, are experiencing, and do their best to avoid a “militarized response when free speech has a technical violation of rules.”

“Taking passionate moral positions on the issues of the day is not only the right of students, but to peaceably do so is an obligation,” Levin said. “Universities have an obligation at large to engage in this conversation. … They are supposed to be that shining place, (where) free expression is the default.”

Staff writers Kaitlyn Schallhorn, Clara Harter and Hanna Kang contributed to this report. 

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Doctor Dharmesh Patel who drove Tesla off cliff with family inside experienced ‘psychotic’ break, psychologist says

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Doctor Dharmesh Patel who drove Tesla off cliff with family inside experienced ‘psychotic’ break, psychologist says


The “suicidal” California doctor accused of driving his Tesla with his family inside off a cliff allegedly suffered from “major depressive order” and experienced a “psychotic” break during the 2023 crash.

Dharmesh Patel, 43, was experiencing hallucinations, hearing footsteps and believed his children had been sex trafficked, two doctors testified at a hearing on Wednesday in Redwood City.

The Pasadena radiologist’s delusions were provoked by the nation’s fentanyl crisis, the war in Ukraine and feared his children could be kidnapped and molested, which appeared to have been connected to Patel’s worries about accused sex trafficker Jeffrey Epstein, psychologist Mark Patterson said according to the Orange County Register.

Wednesday’s hearing was a response to an earlier request from Patel who is seeking a mental health diversion in his case.

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Dharmesh Patel was experiencing hallucinations, hearing footsteps and believed his children had been sex trafficked, two doctors testified at a hearing on Wednesday in Redwood City. AP

If a judge grants the doctor’s request, Patel would be placed on a two-year treatment plan instead of receiving jail time.

Patel’s charges would be dropped if he doesn’t commit any crimes during the proposed treatment plan.

If Patel is placed in the mental diversion program, James Armontrout, a Stanford psychiatric clinician, will oversee the treatment.

Patel’s potential treatment includes “extensive outpatient care involving group and individual therapy sessions, as well as meetings with himself and a psychotherapist,” according to the outlet.

The doctor was deemed a good candidate for the program because he’s at low risk of injuring anyone else and has shown progress with his treatment since the crash.

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“I see him as someone who is very motivated and amenable to treatment,” psychologist Mark Patterson testified at the hearing.

Patel was charged with three counts of attempted murder for the Jan. 2, 2023 crash where he drove the family’s car off a 250-foot cliff off “Devil’s Slide” on Highway 1 and landed on the shore of the Pacific Ocean. AP

Patterson said it was “clear to me he has a good capacity” to respond to treatment.

Patterson’s diagnosis of Patel came after a series of 18 tests were conducted and he spoke with the doctor and his siblings.

Patel was charged with three counts of attempted murder for the Jan. 2, 2023 crash where he drove the family’s car off a 250-foot cliff off “Devil’s Slide” on Highway 1 and landed on the shore of the Pacific Ocean.

Patel, his wife, Neha, and their children — a 7-year-old girl and a 4-year-old boy at the time — miraculously survived.

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The father of two has pleaded not guilty to the charges, claiming his Tesla Model Y was experiencing tire issues at the time of the crash.

Patel’s wife, Neha, however, had told investigators after the crash that her husband was suicidal and intentionally drove off the road

“He’s depressed. He’s a doctor. He said he was going to drive off the cliff. He purposefully drove off,” Neha told rescuers.

Patel, his wife, Neha, and their children — a 7-year-old girl and a 4-year-old boy at the time — miraculously survived. Facebook / Neha Patel

The Tesla was found to not have been in self-driving mode and witnesses claimed the vehicle did not indicate any signs of malfunction.

Prosecutors argued against the diversion program, claiming Patel was diagnosed with a different disorder, known as schizoaffective, and isn’t suffering from a major depressive disorder.

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Schizoaffective is a chronic mental condition similar to schizophrenia.

Dharmesh Patel appears for a court proceeding in Redwood City, Calif. on Feb. 9, 2023. David G. McIntyre for NY Post

The prosecutors have also argued the difficulty it would be to monitor Patel if the case leaves the court.

“If he goes off his medication, how do you know? It’s not like being on probation or on parole. It’s purely the visits with the psychiatrist,” Dist. Atty. Stephen Wagstaffe said to the court according to the LA Times.

Patel has remained in custody without bail at San Mateo County Jail.

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