• Restaurant Liable for Patron’s Black Widow Bite?

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    July 13, 2018

    Under the Health and Safety Code, restaurants are generally required to keep their premises free of vermin, including mice, rats and cockroaches. How about black widow spiders? My last personal encounter with a black spider was in Sacramento when I was young, lighting one on fire with a match. Watching it explode. A practice I [...]

  • US Supreme Court Sidesteps Partisan Gerrymandering Case

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    June 29, 2018

    The US Supreme Court was asked to rule on a partisan gerrymandering case in Wisconsin:  Gill. v. Whitford. BLATANT GERRYMANDERING The Wisconsin Republican Party’s technique was by “cracking” aka “splitting” certain Democrat voters among different districts so those voters failed to achieve electoral majorities and “packing” aka “stacking” other Democrat voters in a few districts [...]

  • DUI: Choice of Blood or Breath Test?

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    June 22, 2018

    Alexander Vannesse was the driver of a vehicle involved in a collision.  Ventura Police Officer Baumann, a certified drug recognition expert, responded to the scene.  After his preliminary investigation, he arrested Vannesse for “driving under the influence.” POLICE ERROR Concluding Vannesse was under the influence of drugs (not alcohol), Officer Baumann advised Vannesse that he [...]

  • Homeowners’ Associations Are Subject To State Laws Other Than Davis-Stirling

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    June 20, 2018

    Most homeowners’ associations within the State of California are common interest developments governed by the Davis-Stirling Common Interest Development Act (“Davis-Stirling”).  Davis-Stirling is a state law imposing various rules, regulations and requirements on homeowners’ associations, concerning elections, open board meetings, assessment collections, and other matters.  Davis-Stirling is the principal state law governing homeowners’ associations, though [...]

  • Tales From The Blended Family Battleground

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    June 14, 2018

    Blended families, although increasingly common, still seem (to this author at least) to generate an outsized share of legal problems in the estate planning and administration field.  In the blended family arena a new California case gives us one more deadline to add to our post-death checklist regarding possible creditors and claim periods under California [...]

  • Bank Robber Accidentally Kills Bank Customer

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    June 8, 2018

    “Accidents happen. Sometimes they happen to individuals committing crimes with loaded guns.” Dean v. United States (2009). That is the lead sentence in today’s case USA v. Van McDuffy. BANK ROBBERY - RENO, NEVADA On October 16, 2013, Van McDuffy entered a Bank of America in Reno, brandished a handgun and demanded money from one [...]

  • AEDs Required in Businesses?

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    June 1, 2018

    Automatic External Defibrillators (AEDs) save lives and in my humble opinion should be available in all large business stores and in every major place of public assembly. HEART ATTACK IN TARGET STORE Mary Ann Verdugo had a heart attack and died in a Target store in Pico Rivera, California. Even though Target sold AEDs on [...]

  • Jim Porter’s (Humble) Recommendations for June 5th Election

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    May 18, 2018

    Believe it or not, quite a few of you ask for my voting recommendations for elections, so here we go with Placer and Nevada Counties as well as statewide Propositions. Nevada County will be participating in the brand new California Voter’s Choice Act, so whether you asked for it or not you should have received [...]

  • Brokers: Get it in Writing

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    May 11, 2018

    Every real estate broker knows that he/she must have a written agreement to be paid a commission. Nevertheless occasionally brokers are too lax or too trusting to dot that “i” and cross that “t” in a written fee agreement with their principal, and should that happen, most of the time the broker loses out. “TRUST [...]