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Appellate Practice

Gombos gambit saves defective appeals

Aug. 1, 2023
By Benjamin G. Shatz

Not appealing from the correct document means that the Court of Appeal can (and probably will) dismiss the defective appeal. B...


Alternative Dispute Resolution

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

Aug. 1, 2023
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

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?

Aug. 1, 2023
By David C. Casarrubias, Thomas Rivera

Why California’s presiding judges need to do more to elevate Latinx judges’ judicial assignments.


Evidence

Civil litigation hearsay exceptions

MCLE
Jul. 31, 2023
By Elia V. Pirozzi

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

Rob Bonta, as a self-appointed policy advocate, seeks to have Housing Elements of cities quickly updated all over the State pr...


As Chief Deputy for the Court, not only am I the lead financial executive over budget, expenditure, revenue/treasury collectio...


Administrative/Regulatory

In precluding the participation of officials who receive more than $250 in campaign contributions from parties or participants...


Entertainment & Sports, Contracts, Administrative/Regulatory

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

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

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

Jul. 27, 2023
By Ryan D. Ball, Matthew T. Billeci

In the wake of California Medical, organizations that routinely devote resources to fighting unfair business practices ...


Technology

AI drone reportedly kills its human controller in war simulation and becomes favorite weapon of cyber criminals.


State Bar & Bar Associations, Ethics/Professional Responsibility

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...


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?

Jul. 26, 2023
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.


With humility and curiosity, we ask better questions to guide clients towards solutions that make sense for them. In a world w...


Family

Maintaining cultural awareness for partners of justice

Jul. 26, 2023
By Maria Puente-Porras

Establishing Cultural Competency is necessary for any judicial officer presiding over family law matters to protect against we...


Tax, Contracts

When is unpaid rent a liability?

Jul. 26, 2023
By Phil Jelsma

In Catrina E. White v. Commissioner, T.C. Memo. 2023-77 (June 21, 2023), Tax Court Judge Paris looks at when unpaid ren...


Family

What is cultural competence?

Jul. 26, 2023
By Gitu Bhatia

We are more biased than we realize and these blind spots can make us contribute to injustices without having any intention of ...


Family

Plant seeds and a garden will grow

Jul. 26, 2023
By Ellyn J. Stein

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 lack of legal support and certainty around the effect of the Builder’s Remedy, combined with the likelihood that cities wi...


Government, Criminal

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)

Jul. 25, 2023
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 office spaces can be beneficial, but it demands a commitment to professionalism and confidentiality.


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

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?

Jul. 24, 2023
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

Jul. 24, 2023
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...