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Law Practice, Appellate Practice

Ignorance isn’t bliss, but it will relate back

May 6, 2022
By Stephen M. Rinka

The Appellate Court stated that the “[t]est is whether, at the time the complaint was filed, the plaintiff “was ignorant of th...


Law Practice, Appellate Practice

Confidentiality is no longer a permissible term in the settlement of cases arising out of sexual harassment. Yet, in many inst...


Law Practice, Government, Appellate Practice

The bad news is that word appears to be getting out slowly. Anecdotal evidence points to apartment dwellers receiving food was...


Entertainment & Sports

Stream it Tonight! Witness for the Prosecution (1957)

May 6, 2022
By Michael Asimow, Paul Bergman

Once more, we’re reminded that on cross examination you shouldn’t ask questions if you don’t know the answers.


Military Law

Stephen K. Tamura and his family were also interned in Poston, Arizona. Captain Tamura served in the 442nd. He was wounded in ...


There are a few exceptions, but in general, you should assume that money sent to a lawyer or law firm will trigger a Form 1099.


Real Estate/Development, Bankruptcy

With fair market values climbing almost daily, no bankruptcy attorney could absolutely guarantee that there would not be unpro...


Law Practice, Appellate Practice

A closer perspective on juvenile dependency

May 4, 2022
By Michael C. Kelley

It can be a very rewarding long term vocation – or a first step in a diversified and gratifying career. It is also worth notin...


Torts/Personal Injury, Health Care & Hospital Law, Civil Litigation

AB 35: Too little, too late

May 4, 2022
By Allen P. Wilkinson

AB 35 appears to be an attempt to mollify plaintiffs’ attorneys and victims’ advocates by giving them one small piece of the pie.


Law Practice, Ethics/Professional Responsibility, Appellate Practice

California courts sanction attorney misconduct

May 4, 2022
By Jeffrey P. Blum

In a stinging opinion, the Court of Appeals noted that letting the Court know you believe it is wrong, even forcefully, is acc...


Real Estate/Development, Land Use, Contracts

Job order contracting and public works projects

May 4, 2022
By Garret D. Murai

JOC contracting is a project delivery method used on public works projects and has been authorized to be used by California K-...


Law Practice, Appellate Practice

Happy 50th Anniversary, CAAL

May 3, 2022
By Benjamin G. Shatz

Concurrent with the 1971 State Bar Convention, the group hosted a cocktail party and was able to corral a number of sitting ju...


Labor/Employment, Corporate

California Board of Directors Diversity Law violates equal protection

May 3, 2022
By Leigh A. White, Ryan P. Snyder

In its ruling, the court recognized that while having a heterogenous board may be a valid goal, the Equal Protection Clause pr...


Judges and Judiciary

It is believed that one veteran judge was defeated because she listed herself on the ballot as an “incumbent” and voters may n...


Letters


Law Practice, Criminal

School Refusal Is Not Truancy

May 3, 2022
By Mary-Kate Kelledy, Adam Wasserman

Although multiple calls were made to the district to ask for help, nothing was done. Days, weeks, and months eventually passed...


U.S. Supreme Court, Torts/Personal Injury

The Cassirer case will be remanded to the lower court, which will decide the heirs’ claims based on the property laws of Calif...


Tax

Dear IRS, sorry, I don’t have receipts

May 2, 2022
By Robert W. Wood

Tax lawyers look to George M. Cohan for a different kind of legacy – an “I’ll take you to court” audacity that is as American ...


Legal Education, Government

We have developed a process in our legal system which is designed to find the truth through the painstaking, often tedious and...


Law Practice, Judges and Judiciary, Appellate Practice

Believe the Presiding Justice’s speech at your peril. It might be so, and it probably is so. But I’ve seen and participated in...


U.S. Supreme Court, Ethics/Professional Responsibility

We should be embarrassed that the institution as a whole isn’t doing enough to maintain the public’s trust – at a time the Cou...


Law Practice, Appellate Practice

I’m just asking or the fear of offense

May 2, 2022
By Arthur Gilbert

Sensitivity to the legitimate feelings and sensibilities of others is a necessity and a moral obligation as we become aware of...


Letters

State Bar responds to audit approach criticism

May 2, 2022
By George Cardona, Leah Wilson


Torts/Personal Injury, California Courts of Appeal

The Court found there was no reason based on any special foreseeability concerns to depart from the usual duty to exercise rea...


Government, Contracts, Constitutional Law

Florida flirts with fascism

Apr. 29, 2022
By Eric B. Kingsley

The marketplace of ideas is supposed to flourish and the antidote to speech you disagree with is more speech to counter it. Li...


U.S. Supreme Court, Government, Civil Rights, California Courts of Appeal

Vote dilution under state law is the issue before the California Supreme Court, specifically what a plaintiff must prove “to e...


With less than 5% of the Office’s 500 attorneys devoted to affirmative litigation, the next City Attorney is poised to dramati...


Legal Education, Law Practice, Appellate Practice

Passim, and its abolition

Apr. 29, 2022
By Michael J. Raphael

When that rule change goes into effect, it will terminate the use of passim in the nation’s highest court. But there is someth...


Litigation & Arbitration, Ethics/Professional Responsibility

The most important question

MCLE
Apr. 28, 2022
By Fred Bennett

Intelligence, of course, is power, which in the choosing of arbitrators, comes down to intelligence ethically obtained - espec...


Trump appointed fifty-four federal appellate judges in his four years in office, one short of the fifty-five nominated by form...