Not appealing from the correct document means that the Court of Appeal can (and probably will) dismiss the defective appeal. B...
Alternative Dispute Resolution
ADR legal issues haven't waned: Here are the most important decisions so far this year
By Paul Dubow
The FAA does not preempt state court procedure. Assuming that SB 365 becomes law, if a complaint is filed in state court and a...
Ethical rules are not just for lawyers and judges
By Laura W. Halgren
Exemplary conduct by court employees inspires public confidence and trust in the courts, and conveys the values of impartialit...
Law Practice, Ethics/Professional Responsibility
The shifting perception of bias: Unveiling explicit and implicit distinctions
By Mark B. Baer
While attempting to “ameliorate bias-based injustice” both in and out of the courtroom, bias has been redefined by limiting it...
May we approach the bench?
By David C. Casarrubias, Thomas Rivera
Why California’s presiding judges need to do more to elevate Latinx judges’ judicial assignments.
The object of this article and self-study test is to review major exceptions to the hearsay rule in California civil cases, se...
Land Use, Administrative/Regulatory
State AG is unconstitutionally stripping cities’ authority over zoning decisions
By Michael E. Gates
Rob Bonta, as a self-appointed policy advocate, seeks to have Housing Elements of cities quickly updated all over the State pr...
Judges and Judiciary
Jeremy Cortez manages LASC’s budgets, revenue and facilities – a job that’s nothing short of an E-ticket ride
By Lawrence P. Riff
As Chief Deputy for the Court, not only am I the lead financial executive over budget, expenditure, revenue/treasury collectio...
Administrative/Regulatory
New “pay to play” statute is a groundbreaking change in local ethics law
By Derek P. Cole
In precluding the participation of officials who receive more than $250 in campaign contributions from parties or participants...
Entertainment & Sports, Contracts, Administrative/Regulatory
Why sports lawyers should study the NCAA’s newest NIL memo
By Frank N. Darras
The NCAA ultimately wants to gnash its teeth again and is betting big on the idea that federal legislation will not be passed ...
Alternative Dispute Resolution
A new paradigm for mediation: the role of “bearing witness”
By Jan Frankel Schau
Now that so few cases get to trial, and so many are mediated before a lawsuit is even filed, perhaps there is a role for media...
Health Care & Hospital Law, Civil Procedure
Doctor’s group has standing to challenge health plan policies and could improve access to better care
By John Barnes
The California Supreme Court decision is an important development for the many providers that lack the resources necessary to ...
Civil Procedure, California Supreme Court
Batten down the hatches, a new wave of UCL claims may be on the horizon
By Ryan D. Ball, Matthew T. Billeci
In the wake of California Medical, organizations that routinely devote resources to fighting unfair business practices ...
Technology
Artificial intelligence monsters move from film to reality
By Anita Taff-Rice
AI drone reportedly kills its human controller in war simulation and becomes favorite weapon of cyber criminals.
State Bar & Bar Associations, Ethics/Professional Responsibility
New CRPC Rule 8.3 that mandates we report each other raises the specter of Soviet Big Brother tactics
By Panda L. Kroll
To the extent that new Rule 8.3 might be a reaction to these recent events, the Thomas Girardi scandal was not caused by a rel...
Family
Celebrating over 10 years of introducing culture to family law practice
By Abbas Hadjian
The program started as a Continuing Legal Education (CLE) to enforce Iranian premarital and marital agreements in California d...
U.S. Supreme Court, Land Use, Constitutional Law
Who benefits from delay?
By Michael M. Berger
We are seeing a growing number of land use cases that seem to fall under this rubric. And I wonder why that should be so.
Family
A girl and her father: the importance of understanding culture in family practice
By Diana L. Martinez
With humility and curiosity, we ask better questions to guide clients towards solutions that make sense for them. In a world w...
Establishing Cultural Competency is necessary for any judicial officer presiding over family law matters to protect against we...
In Catrina E. White v. Commissioner, T.C. Memo. 2023-77 (June 21, 2023), Tax Court Judge Paris looks at when unpaid ren...
We are more biased than we realize and these blind spots can make us contribute to injustices without having any intention of ...
Cultural Competency in Family Law Practice (CCFLP) has its genesis in a seed planted by Fred Glassman fifteen years ago. As th...
Real Estate/Development, Administrative/Regulatory
The shoot first and ask questions later approach to California’s Builder’s Remedy Law
By Jeffrey J. Crosswhite
The lack of legal support and certainty around the effect of the Builder’s Remedy, combined with the likelihood that cities wi...
Government, Criminal
Call it sexual abuse or rape, either way it was an ignominious use of power
By John H. Minan
A Rule 59 motion for a new trial in Carroll II v. Trump was recently denied. In rejecting the motion, Judge Kaplan expl...
Native Americans, Land Use, Environmental & Energy
Frankly my dear, I don’t want a dam (on the Klamath)
By Alexander Rufus-Isaacs
America’s long love affair with dams has left us with around 44,000 dams over 15 feet in height, and a great deal more under t...
Ethics/Professional Responsibility
Sharing is caring – the legal ethics of office sharing
By Ryan Little
Sharing office spaces can be beneficial, but it demands a commitment to professionalism and confidentiality.
Government
John Eastman went to the guillotine for Trump. His law license may be next
By A. Marco Turk
The bar is arguing that Eastman conspired with Trump and his allies to overturn the 2020 election results with the purpose of ...
Judges and Judiciary
Bryan Borys knows how to research, but he's no data geek
By Lawrence P. Riff
In 2023 the world is firmly in the era of “big data” and the LASC is no exception. Our court is awash in vast oceans of data. ...
Law Practice
Is a law office led by women different from one led by men?
By Amy Oppenheimer, Gorev Ahuja
Decision-making styles have various pluses and minuses. While not necessarily gender-linked, in general, transparency is alway...
Technology, Administrative/Regulatory
FTC investigation of ChatGPT a win for consumers
By Sabita J. Soneji
By any measure, this is an incredibly swift response by the agency to new technology. Although AI remains at nascent stages, t...