• Trip and Fall on Sidewalk – Sue?

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    August 16, 2019

                Trip and falls are the bread and butter for some law firms. Our office handles plenty, but I wouldn’t call it our bread and butter or even our bread. LAWSUIT OVER UNEVEN SIDEWALK             Charles Huckey sued the City of Temecula for injures he suffered from tripping and falling on what he described as [...]

  • “Bikini Baristas” Serving…Coffee

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    August 9, 2019

                If you think Starbucks is a friendly coffee-serving business establishment, consider Hillbilly Hotties, a bikini barista drive through kiosk in Everett, Washington. HILLBILLY HOTTIE’S BIKINI BARISTAS             Hillbilly Hotties is a popular bikini barista stand in Everett where customers drive through to purchase coffee and other non-alcoholic beverages. Would I kid you?             The [...]

  • Murder-for-Hire (and Porter’s Murder Case)

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    August 2, 2019

                We don’t get many murder-for-hire cases to analyze in the Law Review, so when I found one out of Southern California, I pounced on it. PORTER’S MURDER CASE             Allow me to digress. Ravn Whitington in our office skillfully handles our criminal law matters, but in the old days I practiced criminal defense law. [...]

  • Led Zepplin’s “Stairway to Heave” Stolen From Band Spirit?

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    July 26, 2019

    SPIRIT             Randy Wolfe, nicknamed Randy California by Jimi Hendrix, was a musician and a member of the band Spirit. He wrote the song “Taurus” in 1966. Spirit’s first album Spirit – which included “Taurus” – was released in late 1967, Randy Wolfe was listed as author on the copyright registration. LED ZEPPLIN             Led [...]

  • California’s Dram Shop Liquor LAws

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    July 12, 2019

                If a bartender or social host (you at home) serve alcohol (maybe too much) to someone – could be a minor – and the drinker causes an accident, maybe a death, are you or the bartender liable?  DRAM SHOP LAWS             Most states like California have “Dram Shop” laws imposing liability or providing immunity [...]

  • Employers Beware of ABC and 123! Classification of Independent Contractors in California and Nevada – A Morass of Legal Tests

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    June 30, 2019

    By: James E. Simon and David W. Wolfe What do construction workers, realtors, gig economy workers, exotic dancers, hair stylists, and truck drivers have in common?  They all work in industries heavily dependent on the independent contracting workforce model.  Under various California, Nevada, and Federal laws, a confusing array of criteria and legal tests are [...]

  • School Immune From Liability During Field Trip Injury?

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    June 28, 2019

                Field trips and excursions are an important part of school life. As such our Legislature has passed laws giving immunity to school districts for injuries or accidents that occur during elementary or school district field trips per Education Code section 35330 (college level immunity per section 55220 of the Code of Regulations). Having volunteered [...]

  • Rights and Duties of Easement Owners – For Dummies

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    June 21, 2019

                As a real estate lawyer, I am asked at least once a week about the rights and obligations of easement holders. If property owner A has an access easement and road over B’s land, may B install a gate? If A and B share a driveway or parking area, who can use and who [...]

  • Cycling Season Safety: Share the Road, Share the Responsibility

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    June 20, 2019

    Bike season is in full gear in Truckee-Tahoe and here at Porter Simon we have been riding to work, competing in local races (see Truckee Dirt Fondo, Tour de Manure and Lost and Found Gravel Grinder) and generally logging time in the saddle on the area’s endless miles of single track, double track, roadways, streets [...]