Nearly 30 Years Of Representing Businesses And Their Owners
Read the article HERE. Not since the disappearance of Amelia Earhart have people been more perplexed. Which companies were the early targets of the California Attorney General’s enforcement of the California Consumer Privacy Act (“CCPA”) and on what basis? We finally have a partial answer. On July 19, the California Attorney General released an enforcement report and launched a new…
By Jared R. Clemence Read the article here. An Unexpected Phone Call A man called me today. He goes into surgery tomorrow: “I’ve drafted a power of attorney, I just need someone to review it and tell me that it looks good.” After a short conversation, I realize that he really wants to make sure that “his wife is taken…
By: Jared Clemens On June 23rd, the Supreme Court published its opinion in Mahoney Area School District v. B.L. (2021) No. 20–255. At issue in this case: the court must determine if the school may punish a student for speech that occurs while the student is off campus. After being denied…
Download a PDF of the article here: By the Firm’s IP and Tort Practice Groups In law, “strict liability” is an interesting concept. It provides that any company that places a consumer product in the stream of commerce (i.e., is part of the distribution process such as manufacturer, retailer or other seller) may be liable for injuries caused by the…
Download a PDF of the article here: By the Firm’s Labor & Employment Department For California employers, one of the most significant legal RISKS is a wrongful termination lawsuit. For a sometimes bewildering variety of reasons, terminating an employee can wind up with you as a defendant, either in court or negotiating a settlement with someone from the very aggressive,…
By: Jared Clemence “The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. In this code, the thing of which there may be ownership is called property.”1 The State of California gives us this very elegant definition of property, which is based on the ability to enjoy…
by: Jared Clemence Read the article here. The matter comes up periodically: Should a seller allow a buyer to occupy the home before the close of escrow? The answer is generally, “NO!”, but why? To answer this question, we will consider the case of Marvell v. Marina Pizzaria (1984) 155 Cal.App.3d Supp. 1. The Facts To keep things simple, I…
By: Jared Clemence How do I sell my house when my neighborhood is trashed? Today, one of my home sellers confessed: The reason she wants to move is that the neighborhood has gone “downhill.” The neighbors: have overgrown lawns, cause the street to be overcrowded with cars, sit on their front porches at all hours of the day, and generally…
by: Jared Clemence How to convert adverse possession into permissive permission without consent With adverse possession, it’s all about this thing called “hostility.” In general, a person has to hold the property in a way that is hostile to the true owners title for a period of five years.1 A person who rents a home, for example, has permission to…
Download a PDF of the article here On April 30, 2018, the California Supreme Court handed down a key decision in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903. This ruling, a landmark in the state’s labor law, set out the requirements for companies to classify workers as independent contractors. It was later made into law in…