California Litigation Attorney Blog

JURORS GONE WILD! Emotions Run Amok?

James J. Manning — Mon, 21 May 2012 13:50:06 +0000

Recently, a California jury awarded a fired employee a stunning $167.7 million, made up of $125 million in punitives (emotional distress).... Have we placed our emotions above what remains of our intellects?

Tired of Residential Tenants Smoking in Your Rentals? Civil Code Section 1947.5

Steven G. Lee — Tue, 15 May 2012 13:50:12 +0000

California State Legislature passed Senate Bill 332, adding to Civil Code as section 1947.5, allowing landlords of residential property to ban smoking tobacco therein as of January 1, 2012.

CEQA Hits Home – Berkeley Hillside Preservation v. City of Berkeley

Daniel E. Katz — Mon, 14 May 2012 22:33:37 +0000

The California Environmental Quality Act (CEQA) was enacted to provide the fullest possible protection of the environment when governmental entities make decisions that have the potential of adversely affecting the environment.

Freedom to Choose Your Roommate: Fair Housing Council of San Fernando Valley v. Roommate.com

Michael G. Kerbs — Mon, 30 Apr 2012 13:50:24 +0000

Can the selection of a roommate give rise to a legal claim for discrimination? The Ninth Circuit recently weighed in.

Medical Marijuana Collectives v. Local Governments: California Supreme Court Cases Predicted to Change Legal Landscape

Scott Talkov — Wed, 11 Apr 2012 22:29:38 +0000

The California Supreme Court granted review of Inland Empire, Pack, G3, and Evergreen- cases that may change the legal landscape in the litigation between municipalities and medical marijuana dispensaries and collectives.

What You Should Not Do When Trying To Collect On A Debt

Steven G. Lee — Tue, 27 Mar 2012 20:33:09 +0000

Creditors, collection agencies, and even attorneys can be held liable for abusive collection practices under both federal and state law. There are steps you should avoid taking when attempting to collect on a debt:

The Legal Effect of Boilerplate Email Disclaimers

Scott Talkov — Mon, 26 Mar 2012 22:51:31 +0000

Are boilerplate email disclaimers of any legal effect? One website touts the necessity of these lengthy paragraphs, while The Economist wrote in 2011 that these automatic email footers are both annoying and “legally useless.” So who is correct?

Toyota Motor Corporation v. Superior Court – Corporate Person Most Qualified / Knowledgeable Depositions

Douglas A. Plazak — Tue, 06 Mar 2012 14:50:36 +0000

Corporate employers with employees located outside California will have to decide whether to agree to send any out-of-state employees to California for future Person Most Qualified/Knowledgeable depositions.

The Uncertainty of Litigation

Douglas A. Plazak — Wed, 29 Feb 2012 14:28:57 +0000

Attorneys regularly counsel their clients regarding the unpredictability of juries. Less is said regarding the unpredictability of judges.

Report Someone to the IRS for Fun and Money

Pietro E. Canestrelli — Wed, 08 Feb 2012 14:50:27 +0000

Who are the IRS’s favorite superheroes? The X-Men. The IRS loves to hear from ex-spouses, ex-business partners and ex-employees about taxpayers who may not have fully met their federal tax obligations.