Recent Articles

           “To a willing person, injury is not done.” The United States Supreme Court Chief Justice Benjamin Cardoza first adopted what has become known as the “Baseball Rule.” This longstanding rule essentially states that spectators at baseball games assume the risk of injury from foul balls or flying bats. THE “BASEBALL [...]

            Today’s case involves fraud. The old-time full-on deceit fraud. The trial court got it wrong, fortunately the Court of Appeal got it right.             The lead paragraph of the Fourth Appellate District Court of Appeal Opinion: “This appeal involves a form of fraud rarely seen in day-to-day litigation. It goes by various names – [...]

COMPOSTING             Under SB-1383, composting will be required for businesses and residences. The aim of the law is to reduce the amount of organic trash, like unused food products that go into landfills, which supposedly makes up a third of what goes into landfills. All with the aim of reducing greenhouse gas. Many details yet [...]

            The California legislature, especially the Democrats, have been busy. Governor Gavin signed 770 new bills into law, most effective January 1. Here’s a starter sample: TO-GO DRINKS:        Senate Bill 389 allows restaurants and some bars to sell to-go wine and cocktails until 2027, a 5-year extension on an emergency rule adopted early in the [...]

            Our case today, Martinez v. City of Beverly Hills, involves a trip and fall in an alleyway in downtown Beverly Hills. The Second Appellate District Court of Appeal focused on whether the standards of liability are different for alleys than they are for sidewalks. TRIP AND FALL IN ALLEY             Nieves Martinez, was walking [...]

Written by Traci Mason Baldwin Most people can agree that California is experiencing a severe housing shortage. The point of contention is what to do about it. On the heels of defeating the recall election, Governor Newsom signed Senate Bill (SB) 9, the landmark law designed to combat California’s housing crisis. SB 9, aka the [...]

            Paula and Christopher LeRoy suffered the immeasurable loss of their 15-year-old son Kennedy, who committed suicide in their home after he was bullied and harassed by several students at Ayala High School in Chino where Kennedy had just finished his sophomore year. BULLYING BY FELLOW STUDENTS             Kennedy LeRoy attended Ayala during his freshman [...]

If you let someone drive your car, would you potentially be liable should they get into an accident and cause injuries? The answer is: yes. AUTO V. PEDESTRIAN Blake McKenna was a pedestrian lawfully crossing the street in the San Diego area when he was struck by a car driven by Ann Rogers. Rogers’ vehicle [...]

Our case today involves a surfer at Mission Beach who claimed that a City of San Diego lifeguard operating a personal watercraft, both inside the surf line, caused him to fall and hit his head on the beach. Sadly, the surfer broke his neck, lives with a feeding tube and uses a wheelchair fulltime. SURFER [...]