• Deck Structural Failure: A Pain In The Neck – Literally and Figuratively

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    October 15, 2018

    On July 17, 1981 a group of 1,600 people gathered to watch and participate in a tea dance in Kansas City, Missouri.  (Aside: A tea dance is just that: an afternoon social event where people gather to drink tea and dance.)  During the tea dance, two vertical walkways collapsed onto the dance area below, killing [...]

  • Porter’s Recommendations for November 6 State Propositions

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    October 12, 2018

    Remember, yours truly is a moderate Democrat and not an anti-tax guy, which may be obvious. View an excellent Good Morning Truckee PowerPoint on these Propositions Local candidates next week. STATEWIDE BALLOT INITIATIVES Prop 1: YES. Proposed by the Legislature, provides $3 billion for various state housing programs and another $1 billion for home loan [...]

  • Contractor Waives Right to Compel Arbitration by Seeking to Foreclose Mechanic’s Lien

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    October 8, 2018

    One of a contractor’s most valuable statutory rights in a dispute with an owner is the right to record and foreclose a mechanic’s lien.  Because a mechanic’s lien makes it more difficult to sell or refinance the liened property, this provides additional leverage to obtain payment from a reluctant owner during the entire pendency of [...]

  • Yellowjackets Give Rise to Lawsuit

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    October 5, 2018

    From time to time, year to year, we occasionally suffer from yellowjackets especially when eating outside. They love meat. Yountville in the Napa area has its share of yellowjackets as you will see. SWARMED ON GOLF COURSE In July 2013, Carolyn Staats was taking a golf lesson, indeed taking her first shot on the fifth [...]

  • Some Good Deeds May Go Unpunished – Good Samaritan Statutes

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    October 1, 2018

    If a person needs help in an emergency situation, they would likely want a Good Samaritan to help get them out of harm’s way as soon as possible. For example, you would want someone to come to your aid following a serious car collision, biking accident, pedestrian hazard, assault, avalanche, or any other disaster. In [...]

  • Partisan Gerrymandering Ruled Unconstitutional

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    September 28, 2018

    One of my pet peeves is the rigging of elections by politicians. Drawing voting district maps in convoluted configurations to insure victory at the polls at the expense of the party not in power (gerrymandering), is common throughout our fair land. We recently wrote about Gill v. Whitford, a US Supreme Court case, where the [...]

  • Yoga Instructor Sued By Student

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    September 21, 2018

    Lots of my friends regularly attend yoga classes. I go to the gym – old school. So when I came by a new California case where a student sued her yoga instructor, I knew we had to feature it in the Law Review. YOGA INSTRUCTOR OVERZEALOUS? On October 11, 2014, Amalia Webster attended a yoga [...]

  • Auto Insurance: Do You Have the Right Type? Is it Enough?

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    September 17, 2018

    Car insurance.  We all have it, don’t we?  The State requires that we do.  But do you really know what you’ve purchased from your local, or on- line, broker?  The right time to learn about your insurance is now and not, after you’ve been in a car accident; when you really need it. Boiled down [...]

  • Are You Entitled To Sit On The Job?

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    September 14, 2018

    If you see the cashiers at Rite Aid sitting on the job don’t be surprised. Under a recently settled class action lawsuit, Rite Aid must provide seating to its 23,000 cashiers. Same goes for CVS Pharmacy. And some predict that most retail store cashiers will soon be entitled to sit while on the job. Ironically, [...]