JACK S. FISCHER, Esq.

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JACK S. FISCHER

JACK S. FISCHER

Attorney at Law

Practice Areas

Community Association Counsel
Civil Litigation






Education

University of Maryland, College Park, 1988
California Western School of Law, 1993

Affiliations and Memberships

State Bar of California
San Diego County Bar Association
Community Associations Institute (CAI)
California Association of Community Managers (CACM)

Overview

Jack Fischer is a 1993 graduate of the California Western School of Law and brings with him nearly thirty years of complex litigation and risk management/mitigation experience. He has extensive trial experience and maintains an active law and motion practice.

Prior to joining Epsten, APC, Jack was a Partner in the insurance coverage/bad faith department at one of California’s leading law firms and served as a civilian contractor for the DoD where he managed all phases of acquisition contracts valued at more than $150 million.

Since becoming a member of the firm’s litigation practice group, Jack’s practice has been focused civil litigation with an emphasis on common interest developments, governing document enforcement, directors and officers liability, general liability, and construction defect actions. Additionally, Jack has leveraged his extensive insurance coverage background to assist the firm’s clients in a variety of insurance coverage matters including defense tenders, contract evaluation, and coverage analysis.

Jack is admitted to practice in all California State Courts as well as the Northern, Eastern, Central, and Southern Districts of California and the Ninth Circuit Court of Appeals.
Sample Desc

Upcoming Events & Speaking Engagements

Dec
10
Fri
Epsten, APC Legal Symposium: Part 2 of a Two-Part Webinar Series @ Virtual via Zoom @ Virtual via Zoom
Dec 10 @ 10:00 am – 12:00 pm

A Two-Part Webinar Series

Part II – December 10th
Attorney Q&A

Our Annual Legal Symposium provides community managers with continuing education credits via CACM and CAI (CAMICB).
Our 2021 program (for managers attending Part I and Part II) is pending approval via CACM (1 CEU) and the Community Association Managers International Certification Board (CAMICB – 4 CEUs) to fulfill continuing education requirements for the CMCA® certification. (www.camicb.org).




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Prior Speaking Engagements

Jan
10
Tue
CAI Greater Inland Empire Joint Luncheon w/ CAI Orange County @ Disneyland Hotel
Jan 10 @ 11:00 am – 1:15 pm
CAI Greater Inland Empire Joint Luncheon w/ CAI Orange County @ Disneyland Hotel

An an exhibitor at this event, we hope you will join us.
EG&H Attendees: Tiffany Christian, Pejman D. Kharrazian, Esq.

Jan
13
Fri
CAI San Diego Annual Awards & Gala @ Coronado Marriot
Jan 13 @ 6:00 pm – 11:00 pm
CAI San Diego Annual Awards & Gala @ Coronado Marriot

As a sponsor of this event, we hope you will join us.

EG&H Attendees: Tiffany Christian, Pejman D. Kharrazian, Esq., Kieran J. Purcell, Esq.

Jan
20
Fri
CAI Coachella Valley Program Lunch & Mini Trade Show @ Palm Valley Country Club
Jan 20 all-day
CAI Coachella Valley Program Lunch & Mini Trade Show @ Palm Valley Country Club

An an exhibitor at this event, we hope you will join us.

EG&H Attendees: Tiffany Christian, Dea C. Franck, Esq.

Jan
27
Fri
CAI Coachella Valley 2016 Annual Awards Dinner @ Omni Rancho Las Palmas Resort & Spa
Jan 27 @ 5:00 pm – 10:00 pm
CAI Coachella Valley 2016 Annual Awards Dinner @ Omni Rancho Las Palmas Resort & Spa

As a sponsor of this event, we hope you will join us.

EG&H Attendees: Tiffany Christian, David E. Bruce, Esq., Dea C. Franck, Esq.

Feb
3
Fri
CAI Greater Inland Empire Day at the Races @ Santa Anita Racetrack
Feb 3 @ 1:00 pm – 5:00 pm
CAI Greater Inland Empire Day at the Races @ Santa Anita Racetrack

EG&H Attendees: Tiffany Christian

Feb
7
Tue
Desert Resort Management (DRM) HOA Education Symposium @ Agua Caliente Casino Resort Spa
Feb 7 all-day
Desert Resort Management (DRM) HOA Education Symposium @ Agua Caliente Casino Resort Spa

An an exhibitor at this event, we hope you will join us.
EG&H Attendees: Tiffany Christian, Dea C. Franck, Esq., David E. Bruce, Esq.

Feb
10
Fri
CAI Coachella Valley Program Lunch & Mini Trade Show @ Palm Valley Country Club
Feb 10 all-day
CAI Coachella Valley Program Lunch & Mini Trade Show @ Palm Valley Country Club

Join speakers Susan M. Hawks McClintic, Esq. & Dea C. Franck, Esq. for an educational program on Short-term Rentals
EG&H Attendees: Tiffany Christian, David E. Bruce, Esq., Dea C. Franck, Esq., Susan M. Hawks McClintic, Esq.

Feb
16
Thu
CAI Greater Inland Empire Mini Trade Luncheon @ DoubleTree Hotel
Feb 16 all-day
CAI Greater Inland Empire Mini Trade Luncheon @ DoubleTree Hotel

EG&H Attendees: Tiffany Christian, Nancy I. Sidoruk, Esq.

Feb
24
Fri
CAI San Diego Morning Education Program @ QLN Conference Center
Feb 24 all-day
CAI San Diego Morning Education Program @ QLN Conference Center

“As a sponsor of this event, we hope you will join us.
EG&H Attendees: Tiffany Christian”

Mar
1
Wed
CAI Greater Inland Empire New Member Mixer @ CAI-GRIE Chapter Office
Mar 1 all-day
CAI Greater Inland Empire New Member Mixer @ CAI-GRIE Chapter Office

EG&H Attendees: Tiffany Christian

ription
When not practicing law Jack enjoys playing guitar and imparting life lessons through coaching little league baseball.

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    Association Functions… Private Event or Private Gathering? That is the Question!

    Requirements for Private Events
    Testing and Vaccine Verification
    Attendance Limits for Private Events and Private Gatherings

     

    On April 15, 2020, the California Department of Public Health issued an updated plan for Californians to gather outside their households. Such functions fall into one of two categories: 1) Private Events or 2) Private Gatherings.

    This is exciting news but requires associations to familiarize themselves with whether a specific function constitutes a private event or a private gathering, as each requires compliance with a different set of rules and requirements.

        • Private Events: A private event is defined as meetings, receptions and conferences. Private events must have a defined guest list and the ability to assign seating for guests. Testing and vaccine verification requirements are required for all indoor private events and may be used to increase attendance limits for outdoor private events.
        • Private Gathering: A private gathering is defined as social situation that brings together people from different households at the same time in a single space or place. According to the State, private gatherings are social, informal gatherings with no defined guest list. There are no testing or vaccine verification requirements for private gatherings.

    Based on the definitions and characteristics provided by the State for private events and private gatherings, it appears reasonable to construe association organized or sanctioned functions as private events. This means, for most association functions, your association will be required to comply with the guidance and requirements for Private Events. This includes any board meeting, association committee or club meeting, member meeting, town hall meeting, or events organized or sponsored by the association. A private gathering would encompass situations in which residents or other members of the community choose to informally gathering in areas around the community.

    Requirements for Private Events

    Private events must follow the Private Venues and Events guidance which requires:

      • A defined guest list
      • Assigned seating
      • Use of face coverings unless actively eating and/or drinking
      • Physical distancing of at least 6 feet between people from different households unless people are fully vaccinated
      • Testing and vaccination verification for indoor private events and outdoor private events with increased attendance
      • Cleaning and disinfecting protocols including the disinfecting of any microphones or equipment used
      • No intermingling of multiple private events
      • COVID-19 testing program for weekly optional testing for employees working at a private event
      • Live entertainment is permitted at private events but must follow all relevant guidance for Outdoor Seated Live Events and Performances Guidance or Indoor Seated Live Events and Performances.

    In order to accomplish these requirements attendees will need to be “checked-in” at any private event. For many association meetings the defined guest list is going to be the membership list, or the committee/club roster. In addition, associations might consider implementing a reservation system for meetings to ensure attendance limits are maintained.  At any private event the association must also have assigned seating. One way this may be imposed is by numbering seats prior to the meeting or event and assigning each attendee a number when they sign in corresponding to their assigned seat. For any indoor private event, and those outdoor private events using increased capacities, the association must verify each attendee is fully vaccinated or has tested negative for COVID-19. Acceptable forms of proof of vaccine and negative tests is discussed further below.

    Associations must also follow the California Department of Public Health’s interim Guidance for Ventilation, Filtration, and Air Quality for all indoor operations.

    Testing and Vaccine Verification

    A person is considered fully vaccinated at least 2 weeks after they have received the second dose in a 2-dose vaccine (i.e., Pfizer-BioNTech or Moderna), or at least 2 weeks after they have received a single-dose vaccine (i.e., Johnson and Johnson [J&J]/Janssen). Acceptable proof of full vaccination is a vaccination card (which includes the name of the person vaccinated, type of vaccine provided and date last dose administered) OR a photo of a vaccination card as a separate document OR a photo of the attendee’s vaccine card stored on a phone or electronic device OR documentation of vaccination from a healthcare provider.

        • A person may also show proof of a negative COVID-19 test. Testing must be conducted with 72 hours before the start of an event, if the person received a PCR test. Antigen test (or rapid tests) are also acceptable if conducted within 24 hours of the start of an event. Results must be available prior to entry into the event. Acceptable proof of a negative COVID-19 test may be a printed document (from the test provider or laboratory) OR an email or text message displayed on a phone or electronic device from the test provider or laboratory. The information provided should include name of person tested, type of test performed, and date of negative test result (again, for PCR, date of negative result must be within prior 72 hours; for antigen, date of negative result must be within prior 24 hours).

    The testing option allows persons who are not able to receive a vaccine or who choose not to do so to attend events by providing valid proof of a timely negative COVID-19 test, as set forth above.

    Attendance Limits for Private Events and Private Gatherings

    For the foreseeable future, attendance limits for private events and private gatherings will continue to be governed by a county’s assigned tier in the California COVID-19 Blueprint for A Safer-Economy.

    PRIVATE EVENTS:
    Widespread (purple):
    • Outdoor: Maximum of 25 people, but if all attendees are tested or show proof of full vaccination, attendance goes up to 100 people.
    • Indoor: Not permitted.
    Substantial (red):
    • Outdoor: Maximum of 50 people, or 200 if all attendees are tested or show proof of full vaccination.
    • Indoor: Permitted if all attendees are tested or show proof of full vaccination and no more than 100 people.
    Moderate (orange):
    • Outdoor: Maximum of 100 people, or 300 if all attendees are tested or show proof of full vaccination.
    • Indoor: Permitted if all attendees are tested or show proof of full vaccination and no more than 150 people.
    Minimal (yellow):
    • Outdoor: Maximum of 200 people, or 400 if all attendees are tested or show proof of full vaccination.
    • Indoor: Permitted if all attendees are tested or show proof of full vaccination and no more than 200 people.
    PRIVATE GATHERINGS:
    Widespread (purple):
    • Outdoor: Maximum of 3 households.
    • Indoor: Not permitted.
    Substantial (red):
    • Outdoor: Maximum 25 people.
    • Indoor: Strongly discouraged, but allowed with modifications (no food/drink except when following the standards in guidance).  Attendance limited to 25% capacity and up to 3 households or 10 people.
    Moderate (orange):
    • Outdoor: Maximum 50 people.
    • Indoor: Strongly discouraged, but allowed with modifications (no food/drink except when following the standards in guidance).  Attendance limited to 25% capacity or 25 people, whichever is fewer.
    Minimal (yellow):
    • Outdoor: Maximum 100 people.
    • Indoor: Strongly discouraged, but allowed with modifications (no food/drink except when following the standards in guidance).  Attendance limited to 50% capacity or 50 people, whichever is fewer.

    Epsten, APC Coronavirus Update – April 6, 2021

    San Diego, Riverside, San Bernardino and Imperial Counties
    Move to Less Restrictive Orange Tier

    As of April 6, 2021, the State has assigned these tiers to the following counties:

    • San Diego County: Tier 3 – Moderate (orange) – Effective April 7th
    • Riverside County: Tier 3 – Moderate (orange) – Effective April 7th
    • San Bernardino County: Tier 3 – Moderate (orange) – Effective April 7th
    • Los Angeles County: Tier 3 – Moderate (orange) – No Change
    • Orange County: Tier 3 – Moderate (orange) – No Change
    • Imperial County: Tier 3 – Moderate (orange) – Effective April 7th
    • Kern County: Tier 2, Substantial (red) – No Change
    As most of us recall, every county in California is assigned to a tier based on its positivity rate, adjusted case rate, and health equity metric. Counties must remain in a tier for at least 3 weeks before moving to a less restrictive tier. Counties must meet the next tier’s criteria for two consecutive weeks to move to a less restrictive tier. If a county’s metrics worsen for two consecutive weeks, it will be assigned a more restrictive tier. Read more about tier assignment rules.
    In accordance with California’s Blueprint for a Safer Economy, tier status goes into effect the Wednesday following each weekly tier assignment announcement on Tuesdays, unless otherwise directed by the State.

     

    As a reminder, the tiers are:

    • Tier 1 – Widespread (purple)
    • Tier 2 – Substantial (red)
    • Tier 3 – Moderate (orange)
    • Tier 4 – Minimal (yellow)
    Permitted services and activities may resume with required modifications according to your county’s assigned tier and subject to any additional restrictions required by local jurisdictions.
    See below and refer to the State’s website for more information on the status of activities open in each county.
    For information regarding the tier assigned to your county visit the California COVID-19 Blueprint for A Safer-Economy webpage.
    ***

    The State guidelines on the various sectors are as follows:

    VENTILATION FOR INDOOR OPERATIONS

    All businesses permitted to operate indoors based the State’s tiers must follow the California Department of Public Health’s interim Guidance for Ventilation, Filtration, and Air Quality. 

    POOLS

    Widespread (purple):
    • Outdoor pool operations may remain open.
    • Outdoor hot tubs may remain open only for use by one household group at a time or in cases where six feet of distancing can be maintained.
    • Indoor pools, saunas, hot tubs and steam rooms remain closed.
    • Associations must follow all applicable “Additional Considerations for Swimming Pools / Aquatic Venues” found in the State’s Industry Guidance for Gyms and Fitness Facilities.
    Substantial (red):
    • Outdoor pool operations may remain open.
    • Outdoor hot tubs may open only for use by one household group at a time or in cases where six feet of distancing can be maintained.
    • Indoor pools, saunas, hot tubs and steam rooms remain closed.
    • Associations must follow all applicable “Additional Considerations for Swimming Pools / Aquatic Venues” found in the State’s Industry Guidance for Gyms and Fitness Facilities.
    Moderate (orange):
    • Outdoor pool operations may remain open.
    • Outdoor hot tubs may remain open only for use by one household group at a time or in cases where six feet of distancing can be maintained.
    • Indoor pools may open when physical distancing can be maintained for non-household groups.
    • Indoor saunas, hot tubs and steam rooms remain closed.
    • Associations must follow all applicable “Additional Considerations for Swimming Pools / Aquatic Venues” found in the State’s Industry Guidance for Gyms and Fitness Facilities.
    Minimal (yellow):
    • Outdoor pool operations may remain open.
    • Outdoor hot tubs may remain open only for use by one household group at a time or in cases where six feet of distancing can be maintained.
    • Indoor pools, saunas, hot tubs and steam rooms may open when physical distancing can be maintained for non-household groups.
    • Associations must follow all applicable “Additional Considerations for Swimming Pools / Aquatic Venues” found in the State’s Industry Guidance for Gyms and Fitness Facilities.

    GYMS AND FITNESS CENTERS

    Widespread (purple):
    Substantial (red):
    Moderate (orange):
    Minimal (yellow):
    In all Tiers: Personal training between a total of one person and one trainer at a time per premises is allowed. Associations must follow the applicable provisions of the State’s Industry Guidance for Limited Services when providing one-on-one personal fitness training.

    LIBRARIES

     Widespread (purple):
    Substantial (red):
    Moderate (orange) & Minimal (yellow):

    MOVIE THEATERS

     Widespread (purple):
    Substantial (red):
    Moderate (orange):
    Minimal (yellow):

    OUTDOOR RECREATIONAL FACILITIES

    In all Tiers:

    RESTAURANTS

    Widespread (purple):
    Substantial (red):
    • Restaurants may open indoor with modifications. Indoor capacity must be limited to 25% or 100 people, whichever is less.
    • Associations must follow all applicable provisions of the State’s Industry Guidance for Dine-In Restaurants.
    • Wineries, breweries, and distilleries (where meals are not served) outdoor only with reservations, seating, 90-minute time limit and limited hours of operation.
    • Bars where no meals are provided must remain closed.
    Moderate (orange):
    Minimal (yellow):

    HAIR SALONS

    In all Tiers:

    OUTDOOR LIVE SEATED EVENTS & PERFORMANCES

    All outdoor live events and performances must comply with the State’s Outdoor Seated Live Events and Performances Guidance. A permissible outdoor venue for live audience performances must either be a permanent and fixed facility, focused around a stage round, field court, or other central area designed primarily for viewing entertainment or athletics by an audience OR a defined and demarcated outdoor area.
    If your association has a permissible outdoor venue, please consult with your association’s legal counsel regarding the various restrictions and capacity limitations based on your county’s tier assignment.

    Epsten, APC Coronavirus Update – March 16, 2021

    Most Counties in Southern California Region

    Move to the Red Tier

    As of March 16, 2021, the State has assigned these tiers to the following counties:

    • San Diego County: Tier 2, Substantial (red) – Effective March 17
    • Riverside County: Tier 2, Substantial (red) – Effective March 17
    • San Bernardino County: Tier 2, Substantial (red) – Effective March 14
    • Los Angeles County: Tier 3 – Moderate (orange) – Effective March 14
    • Orange County: Tier 3 – Moderate (orange) – Effective March 14
    • Kern County: Tier 2, Substantial (red) – No Change
    As most of us recall, every county in California is assigned to a tier based on its positivity rate, adjusted case rate, and health equity metric. Counties must remain in a tier for at least 3 weeks before moving to a less restrictive tier. Counties must meet the next tier’s criteria for two consecutive weeks to move to a less restrictive tier. If a county’s metrics worsen for two consecutive weeks, it will be assigned a more restrictive tier. Read more about tier assignment rules.
    In accordance with California’s Blueprint for a Safer Economy, tier status goes into effect the Wednesday following each weekly tier assignment announcement on Tuesdays, unless otherwise directed by the State.

     

    As a reminder, the tiers are:

    • Tier 1 – Widespread (purple)
    • Tier 2 – Substantial (red)
    • Tier 3 – Moderate (orange)
    • Tier 4 – Minimal (yellow)
    Permitted services and activities may resume with required modifications according to your county’s assigned tier and subject to any additional restrictions required by local jurisdictions.
    See below and refer to the State’s website for more information on the status of activities open in each county.
    For information regarding the tier assigned to your county visit the California COVID-19 Blueprint for A Safer-Economy webpage.
    ***

    The State guidelines on the various sectors are as follows:

    VENTILATION FOR INDOOR OPERATIONS

    All businesses permitted to operate indoors based the State’s tiers must follow the California Department of Public Health’s interim Guidance for Ventilation, Filtration, and Air Quality. 

    POOLS

    Widespread (purple):
    • Outdoor pool operations may remain open.
    • Outdoor hot tubs may remain open only for use by one household group at a time or in cases where six feet of distancing can be maintained.
    • Indoor pools, saunas, hot tubs and steam rooms remain closed.
    • Associations must follow all applicable “Additional Considerations for Swimming Pools / Aquatic Venues” found in the State’s Industry Guidance for Gyms and Fitness Facilities.
    Substantial (red):
    • Outdoor pool operations may remain open.
    • Outdoor hot tubs may open only for use by one household group at a time or in cases where six feet of distancing can be maintained.
    • Indoor pools, saunas, hot tubs and steam rooms remain closed.
    • Associations must follow all applicable “Additional Considerations for Swimming Pools / Aquatic Venues” found in the State’s Industry Guidance for Gyms and Fitness Facilities.
    Moderate (orange):
    • Outdoor pool operations may remain open.
    • Outdoor hot tubs may remain open only for use by one household group at a time or in cases where six feet of distancing can be maintained.
    • Indoor pools may open when physical distancing can be maintained for non-household groups.
    • Indoor saunas, hot tubs and steam rooms remain closed.
    • Associations must follow all applicable “Additional Considerations for Swimming Pools / Aquatic Venues” found in the State’s Industry Guidance for Gyms and Fitness Facilities.
    Minimal (yellow):
    • Outdoor pool operations may remain open.
    • Outdoor hot tubs may remain open only for use by one household group at a time or in cases where six feet of distancing can be maintained.
    • Indoor pools, saunas, hot tubs and steam rooms may open when physical distancing can be maintained for non-household groups.
    • Associations must follow all applicable “Additional Considerations for Swimming Pools / Aquatic Venues” found in the State’s Industry Guidance for Gyms and Fitness Facilities.

    GYMS AND FITNESS CENTERS

    Widespread (purple):
    Substantial (red):
    Moderate (orange):
    Minimal (yellow):
    In all Tiers: Personal training between a total of one person and one trainer at a time per premises is allowed. Associations must follow the applicable provisions of the State’s Industry Guidance for Limited Services when providing one-on-one personal fitness training.

    LIBRARIES

     Widespread (purple):
    Substantial (red):
    Moderate (orange) & Minimal (yellow):

    MOVIE THEATERS

     Widespread (purple):
    Substantial (red):
    Moderate (orange):
    Minimal (yellow):

    OUTDOOR RECREATIONAL FACILITIES

    In all Tiers:

    RESTAURANTS

    Widespread (purple):
    Substantial (red):
    • Restaurants may open indoor with modifications. Indoor capacity must be limited to 25% or 100 people, whichever is less.
    • Associations must follow all applicable provisions of the State’s Industry Guidance for Dine-In Restaurants.
    • Wineries, breweries, and distilleries (where meals are not served) outdoor only with reservations, seating, 90-minute time limit and limited hours of operation.
    • Bars where no meals are provided must remain closed.
    Moderate (orange):
    Minimal (yellow):

    HAIR SALONS

    In all Tiers:

    PRIVATE GATHERINGS

    Widespread (purple): Outdoors only
    Substantial (red)Moderate (orange) & Minimal (yellow): Indoor permitted, but strongly discouraged.
    In all Tiers:
    All private gatherings must comply with the State’s Private Gatherings Guidance.
    Such private gatherings must meet the following conditions:
    • Attendees must be from no more than 3 separate households, including hosts and guests.
    • Host should collect names of all attendees and contact information.
    • Duration should be 2 hours or less.
    • Wear a mask, practice physical distancing, and wash your hands frequently.
    • Do not attend if you have COVID-19 symptoms.
    • Do not attend if you are at high risk for serious illness from COVID-19 (seniors, those with certain medical conditions).

    Board Training Programs

    Epsten, APC offers two programs for new and proactive boards. Each program is offered at a reduced flat-rate fee and covers board of director duties, responsibilities, potential pitfalls and more. At the start of each program our attorneys will identify the topics of most important for your community to maximize your time and your investment.  All programs include ample time for attorney Q&A.

    Board Orientation

    A two-hour program instructed by one of our experienced attorneys covering the basics to govern your association.

    Board Boot Camp

    A four-hour extended, self-directed orientation program led by one of our experienced attorneys tailored to your association’s needs — covering the basics and beyond!

    *Due to the current COVID-19 pandemic, all board training programs are being held virtually via Zoom.  Morning or afternoon sessions available.

    Request for Education

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