• Employment Law

    Itemize Employee Wage Statements Properly Or Pay Penalties

    August 5, 2021

    Let’s jump right into the law. Labor Code section 226 requires an employer to furnish to its employee “an accurate itemized statement in writing” showing, among other things, “all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee….” Exactly what that [...]

  • Honey

    Trader Joe’s Sued Over Sale of New Zealand Manuka Honey

    July 31, 2021

    Here is the lead paragraph in the Ninth Circuit Court of Appeals case, which I appreciate for succinctness and humor: “The parties find themselves in a sticky situation. Trader Joe’s Company (Trader Joe’s) markets its store brand Manuka Honey as “100% New Zealand Manuka Honey” or “New Zealand Manuka Honey,” but Plaintiffs on behalf of [...]

  • Rental Lease Agreement

    Dancing Around Landlord-Tenant Lease Problems: Options to Renew Under California Law

    July 31, 2021

    The real estate market is surging across the nation, and California is no different. Real estate in California is expensive, and many tenants can keep their valuable space with favorable lease terms by exercising an option to renew a lease for consecutive, multi-year terms. But what happens when a poorly drafted lease – or a [...]

  • Huge Judgement Against Johnson & Johnson For Its Baby Powder

    July 24, 2021

    As I prepare this column, I’m holding a 4 oz container from our medicine cabinet of “Johnson & Johnson’s Baby Powder . . . Clinically Proven Mildness . . . The Number One Choice of Hospitals. Ingredients: talc, fragrance.” I just sprinkled a little on my hand – it smells lovely, just like I remember [...]

  • Family Sues Union Pacific After Teen Is Killed At Railroad Crossing

    July 17, 2021

     This is a sad case. It involves a sixteen-year-old girl who was struck and killed by a freight train on an at-grade railroad crossing in Santa Clarita. SOLEDAD CANYON RAILROAD CROSSING Kimberly Jimenez-Soto routinely walked along an unpaved path (wearing earphones which we learned from the Opinion) near Soledad Canyon to Santa Clarita to get [...]

  • California Coastal Commission Fines Malibu Beach Front Owner $4,185,000

    July 10, 2021

    The California Coastal Commission enforces the California Coastal Act which gives the public rights to access the coast. Tidelands – lands between the high tide and low tide – are held by the state in trust for the general public to use. As such, the Coastal Commission often exacts public access easements over beachfront landowners [...]

  • Hands on steering wheel

    Coverage for the unexpected: Uninsured, underinsured motorist insurance

    June 24, 2021

                The collective gasp of the readership is deafening. But fear not. Venerable Law Review columnist Jim Porter is neither dead, nor has he lost his mind – though the latter has been the subject of contentious debate for years. No. Jim is merely off on an adventure and asked [...]

  • Gavel, Scales, Law Books

    Conservation Easement To Protect Land – The Proverbial Win-Win

    June 4, 2021

    “A conservation easement is a voluntary agreement between a landowner and a land trust or governmental agency that permanently limits land uses to protect the property’s natural, scenic, historical, agricultural, forested, or open-space condition.” (Civil Code section 815.1-3). That is the opening paragraph in today’s case: Sonoma Land Trust v. Peter Thompson. CONSERVATION EASEMENTS ARE [...]

  • Forest Fire

    Insurance Claim On California Fair Plan Policy

    May 28, 2021

                Many of us have had our homeowner’s insurance canceled as a result of the threat of wildfires. My policy was canceled a couple of years ago even though we are in a Firewise subdivision. The thousands of dollars I spent on defensible space meant nothing to the company. As such, like many of you, [...]