Recent Articles

           Bees are insects. Insects are not fish. Bees are not fish. Simple analysis. And, simply wrong. Bees are fish, according to the California Court of Appeal, Third Appellate District. Fishermen, elementary school science teachers, and all you befuddled readers, take a deep breath. The entire study of biology has not [...]

           You’ve all seen those sample tables at the end of the aisles at Costco stores. In our case today, Lilyan Hussaine was shopping at a Costco store in San Diego. Club Demonstration Services (CDS), an independent contractor who operated food sample tables within the store, was serving samples of butternut [...]

           I am a gun owner and have been since I was 12. I have a .22 pistol and a .22 rifle for “plinking” and shooting at targets, although it’s been a few years. I have a rifle I’ve had all my life for shooting big game – mostly wild pigs [...]

Part one of this article discusses an exclusive, implied easement analyzed by the California Second District Court of Appeal in Romero v. Shih, (2022) 78 Cal.App.5th 326. As explained in detail here, the court declined to allow the Shihs (the encroaching party) an implied easement because it would have created an exclusive implied easement. But [...]

In Truckee, Grass Valley, Nevada City, Placer County, and many other areas around Lake Tahoe and the Sierra region, landowners wrestle with easements, encroachments, and related land use problems. Many homeowners have listed or intend to list their properties on the real estate market to benefit from significant real estate appreciation. While land use issues [...]

           Law is rarely black and white. Lawyers live in the gray - arguing the intricacies and ambiguities of the law for the benefit of their clients. But clear, and often harsh, lines exist when it comes to statues of limitations.            A statute of limitations is [...]

           Finality should not be fleeting. A case, once settled, should not be subsequently litigated for years. But law has a mysterious of way of turning the end into the beginning. What is done can be undone. What is agreed can be rescinded.            In Laura Fettig [...]

           Accidents happen. Or so they say. Attorneys tend to be a bit more skeptical about random happenstance. Give a bunch of attorneys the opportunity to refine and narrow the definition of “accident” and you are off to the races. In Maryam Ghukasian v. Aegis Security Insurance Company, the California Court [...]

           If you are injured by a drunk driver, can you sue the bar or person who served the alcohol? If you are hit by a drunk driver who left a private party, can you sue the party host? What if the drinker was obviously intoxicated when served? DRAM SHOP LAWS [...]