• Real Estate Agent’s (Obvious) Duty to Disclose

    April 12, 2019

                As every real estate agent knows, agents have a duty to disclose all material matters affecting the value or desirability of the property that they know of or should know of. So, when I read the case of Ryan v. Real Estate of the Pacific, Inc. (Pacific Sotheby’s International Realty) I was shocked at [...]

  • Partisan Gerrymandering – Rigging Elections – Before the U.S. Supreme Court

    April 5, 2019

                “This case involves the most extreme partisan gerrymander to rig congressional elections that has ever been presented to this court since the one-person/one-vote cases.”             The lawyer challenging North Carolina’s fraudulent and partisan redistricting of Congressional elections to favor Republicans opened his argument with that line. A true statement. “RIGGING ELECTIONS”             Retired Supreme [...]

  • Passing a Vehicle is Only Legal if Safe

    March 29, 2019

    Driving in the Sierra, especially in the winter with ice and snow, justifies defensive driving and requires particular attention and unique skill.             After you read today’s column, I hope you will drive a little more carefully and focus on safety, not speed. PASSING TWO CARS AT NIGHT             Defendant Marco Escarcega was driving at [...]

  • Arresting Homeless – Cruel and Unusual Punishment?

    March 23, 2019

    “The law, in its majestic equality, forbids rich and poor alike to sleep under bridges, to beg in the streets, and to steal their bread.” Anatole France.             I’ve always loved that quote from the Red Lily.             Todays Law Review discusses a federal lawsuit filed by six homeless residents of the City of Boise. [...]

  • Residential Leases Can Be Tricky

    March 15, 2019

    Landlords, listen up because many of you are making mistakes in your residential lease notices, which is understandable given the complexity of California laws – forever adding new notice requirements for residential landlords. 30 VERSUS 60-DAY NOTICE For about a million years, residential landlords and tenants in month-to-month tenancies were required to give 30-day notices [...]

  • Residential Lease Notices Can Be Tricky

    March 15, 2019

    [av_textblock size='' font_color='' color='' av-medium-font-size='' av-small-font-size='' av-mini-font-size='' av_uid='av-jtuo8d4j' admin_preview_bg=''] RESIDENTIAL LEASES CAN BE TRICKY Landlords, listen up because many of you are making mistakes in your residential lease notices, which is understandable given the complexity of California laws – forever adding new notice requirements for residential landlords. 30 VERSUS 60-DAY NOTICE For about a million [...]

  • HOA Board Decision Given Judicial Deference; March 26 Special Election Voting Recommendation

    March 8, 2019

    Our resort community is loaded with homeowners associations – governed by a law known as the Davis Stirling Act. Being on a homeowner board is often a thankless job, but California courts have made it easier. “NO BUSINESSES ALLOWED IN SUBDIVISION” In 1966, a 28-lot residential subdivision known as Los Robles Hills Estates was created [...]

  • Insurer Cancels Life Insurance Policy Over a Technicality – Oops

    March 1, 2019

    This is a fascinating life insurance policy case, if there is such a thing, where the trial court ruled for Farmers New World Life Insurance Company, but the ruling was overturned by the Second District Court of Appeal in California, who ruled in favor of the insured. 1993 LIFE INSURANCE POLICY In December 1993, Maria [...]

  • Can a Child Have Three Parents?

    February 22, 2019

    Today’s Law Review analyzes an interesting case. The court has to decide whether an infant can have more than two parents, in this case three parents. You ask how can that be? THE “CHILD”  A Child (no names in the Opinion) was born in July 2012 to Wife, who was then and remains, married to [...]