When Employees Must Be Provided A Seat At Work
Overview: The California Supreme Court has spoken: Employees must be provided a seat to sit on DURING WORK when the nature of the work reasonably permits, no matter the size of the employer’s business. The recent Employment Law decision is a victory for California employees. Two lawsuits filed by employees, one against CVS Pharmacy [...]
“Shall” Means Shall: Court Awards HOA Substantial Attorneys’ Fees Despite HOA’s Limited Success in Collecting Fines
Overview: If your homeowners’ association attempted to impose over $54,000 in fines, fees and costs on you based on 88 separate fines and you succeeded in reducing the claim to under $7,000 and knocking out more than 90% of the claimed fines, you might think that you prevailed in the litigation and should recover your [...]
New Laws Approved to Address Prolific ADA Lawsuits
Overview: This Law Review highlights some fairly significant changes to California’s Americans with Disabilities (ADA) laws: in short, mere minor Technical Violations of the ADA accessibility standards (e.g. faded paint in parking lot) do not amount to a violation justifying an ADA lawsuit and award of damages: and these changes should also apply in federal [...]
Statutory Offers to Compromise in California
California, like Nevada, authorizes parties to a lawsuit to extend what are commonly referred to as “statutory offers to compromise” or “offers of judgment.” Unlike Nevada, however, which has two separate enactments addressing such offers (N.R.C.P. 68 and N.R.S. 17.115), California has a single statute which governs this process, Code of Civil Procedure section 998. [...]
When May Landlord Enter The House
Overview: One of the ‘hot issues’ for landlords and tenants is when may the landlord enter the premises, the tenant’s home. Some landlords believe the answer is ‘Anytime I feel like it, I own the place.’ Well that is not exactly the case, so read this week’s Law Review about landlord-tenant law to learn the [...]
End of Life Option Act
Overview: California’s new End of Life Option Act, signed into law by Governor Jerry last October, becomes effective this week, so learn how California doctors under certain circumstances may now prescribe life ending prescriptions under tight controls to qualifying terminally ill patients; featured in the Law Review’s analysis is the case of Christy Lynne Donorovich-Odonnel [...]
Implied Consent To Be Searched Comes With Driver’s License
Overview: Unbeknownst to most California drivers, when you apply for a driver’s license, you give ‘implied consent’ to have blood drawn for an intoxication test even if you are unconscious; however after a recent criminal law decision involving a DUI - People vs Arrendondo - that long time practice will change, read all about it in [...]
Porter’s (Humble) Recommendations for June 7th
Overview: As always at this time of year, Jim Porter brazenly and confidently, but with his usual humility (did he say humility?), provides his recommendations for voting on Tuesday, June 7. Make your vote count by voting. Every voting cycle my ultra-conservative political friends (both of them) ask for my recommendations for voting. They want [...]
Death While on the Job Results in Workers’ Compensation
Overview: Everyone has heard of workers’ compensation but most folks do not understand exactly what it is, so this week’s Law Review is your Employment Law Workers’ Compensation 101 A Class; follow the Court of Appeal as it succinctly explains how Carlos Rodas was working “in the course and scope of his employment” when he [...]
Blogdesigner2024-02-08T15:39:05-08:00
