Recent Articles

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 [...]

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. [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

Overview: In the highly publicized employment law case of Vergara v. State of California the Court of Appeal overturned the trial court and upheld public school teachers’ tenure (16 months from hiring), and seniority (firing the last hired vs the most qualified teacher) and teacher lay off laws in California, the latter make it extremely [...]

Overview:  James L. Porter is a local real estate and development attorney. Jim’s column this week is "On Turning 70", ouch, but better than the alternatives as Jim writes.  In this ‘personal and sensitive’ column, not Jim’s normal stuff, he recounts turning 50, then 70 and thanks his readers for putting up with him and [...]