Prevailing Homeowners’ Associations May Not Necessarily Recover Their Attorneys’ Fees and Costs
Introduction As we have previously discussed, California homeowners’ associations (HOAs),[1] must follow the Davis-Stirling Common Interest Development Act (the “Act”).[2] The Act generally provides that “[i]n an action to enforce the governing documents, the prevailing party shall be awarded attorney’s fees and costs.”[3] Therefore, HOAs often recover their attorneys’ fees and costs when the [...]
One A Day vs. “Take Two Gummies Daily”
Here is an interesting, brand new One A Day vitamin bottle labeling case against Bayer, maker of One A Day vitamins. The claim in this Fourth District Court of Appeal case out of Orange County is that Bayer’s packaging of its “VitaCraves Adult Multivitamin” line of One A Day brand vitamins is unlawfully misleading because [...]
Salary History, A Question of the Past
Employers, are you basing how much to pay prospective applicants based on what they made at their last job? If so, you are violating California law. To help close the persistent gender pay gap, the California legislature passed a law, which came into effect on January 1, 2018, prohibiting employers and their agents from directly [...]
Local Fossil (Porter) Opines on Fossil Found in Montana
“Once upon a time, in a place now known as Montana, dinosaurs roamed the land. On a fateful day, some 66 million years ago, two such creatures, a 22-foot-long theropod and a 28-foot-long ceratopsian, engaged in mortal combat. While history has not recorded the circumstances surrounding this encounter, the remnants of these Creteceous species, interlocked [...]
New Laws for 2019, Round One
The Legislature passed and Governor Jerry signed 1016 laws this year. Not a record, but nothing to sneeze at. Here is the first (random) sampling, more to come in future columns. Pet-Friendly Parks – Not later than July 1, 2020, owners of pets will have access to a comprehensive list of State Parks or portions [...]
Heavenly Valley Liable for Runaway Rescue Sled?
Accidents happen. Sometimes they happen in our backyard – like Heavenly Valley at South Lake Tahoe. Teresa Martine was skiing down Powder Bowl when her kneecap “moved out and back in.” She called for ski patrol. SKI PATROL TOBOGGAN ACCIDENT Volunteer ski patroller Gus Horn arrived on the scene and conducted an assessment of Martine’s [...]
Blood Diamond – A Former Yankees Top Prospect, Now On The Athletics, Is Suing The White Sox For Premises Liability And Hazardous Conditions At Guaranteed Rate Field
Major League Baseball debuts don’t get much worse than right fielder Dustin Fowler’s. The Yankees prospect started his professional career during the Yankees 2017 run to the American League Championship series in a game against the Chicago White Sox. But Fowler never got to bat in the game. He was due to face White Sox [...]
Bulwer-Lytton 2018 Winners; And Election Recommendations
As you faithful readers recall, we annually present a handful of our favorite Bulwer-Lytton Fiction Contest winners. For you new readers, the Bulwer-Lytton Contest is named after novelist Edward George Earl Bulwer-Lytton who wrote many famous novels including “Paul Gifford” which started with the immortal words, “It was a dark and stormy night.” Supposedly that’s [...]
Jim Porter’s Recommendations for November 6 Local Elections
Last week we made our recommendations for the State Propositions on your November 6 ballot and a handful of statewide elections. Here we go with an even more difficult chore, recommendations for local elections. If you wonder why there are no recommendations on several local agencies, it’s because our office likely does legal work for the [...]
Blogdesigner2026-03-31T16:23:54-07:00
