Recent Articles

Domino’s Pizza has restaurants and a website and app to order at-home delivery and in-store pickup of pizzas, the latter being the focus of today’s column. The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability “in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of [...]

Under the “Good Samaritan” rule, a person who has not created a peril has no duty to come to the aid of another, but if they do attempt to aid the victim, they can be found liable only if they make the situation worse or are grossly negligent. Also, more to the  point today, a [...]

California foreclosure law is complicated. During and after the recession, I counselled hundreds of folks facing foreclosure and loss of their homes. Fortunately that area of my legal practice has slowed dramatically. If you have any interest in foreclosures you may want to read today’s column about a new California Supreme Court case. “JUST THE [...]

The devastation caused by the Camp, Tubbs, Mendocino Complex, Thomas, Carr, Woolsey and Rim wildfires has left communities, families and businesses wondering how to rebuild in the aftermath of the destruction. Just as coastal communities live with the threat of hurricanes and floods, it seems communities in forested areas now sadly live under the constant [...]

We have written several columns on what is called the “Assumption of the Risk” doctrine. Generally, sports and action participants are found to have assumed the risk of injuries inherent in the sport itself. Examples include skiers falling in moguls, a baseball player being hit by a “bean ball,” and flag football players injured [...]

As 2019 begins, the accident and personal injury attorneys at Porter Simon are committed to another year of zealously representing individuals and families who have been injured or who suffered the death of a loved one, in accidents caused by the negligence of others. Over the past two years we have recovered more $10,000,000 for [...]

You’ve probably heard of the Stella Awards named after Stella Liebeck who burned herself with hot coffee from McDonalds and successfully sued McDonalds (the award was later dramatically reduced by the court). If you want to get your blood boiling about lawyers, how bad they are, read these so called “true stories” of the legal [...]

In recent years, the practice of hiring workers as independent contractors has increased significantly. One possible explanation for such trend, as opposed to merely hiring workers as classified employees, is that California employers are not exposed to the threat of liability for meal/rest break, overtime, minimum wage, waiting time penalties and/or principal-agent liability when hiring [...]

Most of us have heard of California’s “Lemon Law,” which is actually the Song Beverly Consumer Warranty Act. California’s Lemon Law requires a car dealer to replace the car or refund the consumer’s money if repairs to a specific problem are not successful after a reasonable number of attempts. There is a presumption that if [...]