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Letters

Re: Horvitz & Levy Article on MICRA Changes

Jan. 25, 2023
By Benjamin T. Ikuta


U.S. Supreme Court, Constitutional Law

Confiscating equity through foreclosure?

Jan. 25, 2023
By Michael M. Berger

The U.S. Supreme Court will soon decide whether states that foreclose and take equity beyond delinquent taxes violate the Fift...


Legal Education, Law Practice

A first-year attorney’s survival guide

Jan. 25, 2023
By Sheri R. Lalehzarian

Lessons learned while weathering the pandemic in law school.


California Supreme Court

The persuasive attorney and wise jurist recognize that the historical underpinnings of a law, decision, or custom is critical ...


Torts/Personal Injury, Entertainment & Sports

Alec Baldwin’s closing statement

Jan. 24, 2023
By Louis J. Shapiro

Ms. Gutierrez-Reed maintains that she doesn’t know how the weapon had live rounds in it and that she is not to blame for the d...


Letters


California Supreme Court

California’s violent chief justice

Jan. 24, 2023
By John S. Caragozian

David Terry, newly elected to the Supreme Court and also a Committee opponent, was present. Terry drew his Bowie knife – which...


Constitutional Law

A veiled threat

Jan. 24, 2023
By Steven S. Kimball

The notion that the free expression of religion of a student group like Fellowship of Christian Athletes may threaten others i...


Law Practice, Appellate Practice

2023 headwinds and your practice

Jan. 23, 2023
By Sandy Lechtick

Some partners will be de-equitized, while others will be gently nudged out. We are already seeing an increase in “stealth layo...


Real Estate/Development, Contracts

Non-breaching parties to a letter of intent may have a claim for costs incurred in reliance on that promise if that promise is...


Judges and Judiciary, Government

Of the 26 recent vacancies on the federal courts in California, only 11 remain – with nominees pending confirmation in the Sen...


Tax, Ethics/Professional Responsibility

The U.S. Supreme Court has agreed to decide whether the IRS may issue a summons seeking an innocent party’s records without pr...


Litigation & Arbitration, Civil Litigation

Third inning: liability, damages, collectability

Jan. 20, 2023
By Joseph M. Barrett

Perspectives can change after a lawyer accepts a case, no matter how black-and-white the case seems initially. Thorough invest...


U.S. Supreme Court, Immigration

Abusing the shadow docket

Jan. 20, 2023
By Erwin Chemerinsky

It again is five conservative justices advancing the conservative agenda, here with regard to immigration, in violation of cle...


Data Privacy

Brain to vehicle technology is a privacy nightmare

Jan. 20, 2023
By Anita Taff-Rice

Why hack corporate databases to get personal data? Just read the person’s brainwaves instead.


Government

The only practical solution is for Congress to promptly act to increase the debt ceiling, which it recently did with bipartisa...


Litigation & Arbitration

To stay or not to stay – the arbitration jurisdictional split is on the docket

Jan. 19, 2023
By Elizabeth M. Pipkin, Christopher Rosario

Coinbase sides with the majority view, lamenting in its petition that it has been forced to answer two complaints that seek to...


Law Practice, Ethics/Professional Responsibility, Appellate Practice

These disclosures promote compliance with rules of professional conduct, which require the client, and not an unnamed entity b...


Torts/Personal Injury, Labor/Employment

Tort suits for union strikes?

Jan. 18, 2023
By Richard G. McCracken

Several members of the Supreme Court examined Assistant Solicitor General Vivek Suri about whether “intentional destruction” w...


Torts/Personal Injury, Government

Supporters have heralded the law change as a victory for pedestrians, and for people living in low-income communities of color...


Tax

Rain brings water, floods and tax relief

Jan. 18, 2023
By Phil Jelsma

The IRS automatically provides filing and penalty relief to any taxpayer with an IRS address of record located in a disaster a...


Government, Consumer Law

In 2018, sidewalk food vending was first decriminalized through Senate Bill 946. After that, however, local authorities could ...


Labor/Employment, Government

There is evidence of a huge push for unionized workplaces affecting all industries in California, including farmworkers. In re...


Law Practice, Appellate Practice

Be kind to your reader

Jan. 17, 2023
By Myron Moskovitz

Writing clearly requires getting out of your shell as a writer, and thinking about your reader.


A live court reporter makes a record in realtime and typically has one or two backups to that record. This is a tested practic...


Wills, Estates & Trusts, Real Estate/Development

If an Exempt Seller has a Death Certificate in their possession which indicates there was a death on the property and they res...


Entertainment & Sports

Stream it Tonight! 12 Angry Men (1957)

Jan. 13, 2023
By Paul Bergman, Michael Asimow

A value of movies like 12 Angry Men may be to remind us that jury trials are a central aspect of American justice.


Court values real estate over reform

Jan. 13, 2023
By Michael J. Aguirre

Values expressed in 1974 Political Reform Act forgotten in 2022


Law Practice, Appellate Practice

Trial tips for a winning closing argument

Jan. 13, 2023
By Dan L. Stanford

I am constantly surprised how many defense lawyers fail to go through the verdict form in their one shot at closing argument. ...


Litigation & Arbitration

Arbitration agreements should be read as drafted

Jan. 12, 2023
By Ronald L. Zambrano

A fundamental principle of contract law is that contracts are read in favor of the party that did not draft the agreement. Giv...