DRIVING UNDER THE INFLUENCE OF POT – NEW TERRITORY UNDER THE LAW
We all know about blood alcohol tests to determine if someone is driving under the influence of alcohol. Urine and blood tests are accurate regarding how much alcohol is in someone’s system and the law is relatively clear as to when drinking too much violates the law. The law [...]
COMMENCEMENT SPEECH ON COURAGE IN THESE DIFFICULT TIMES IS A MUST READ
Piedmont High School Class of 2022 was treated to a remarkable commencement speech by former graduate and former U.S. Ambassador to Australia Jeff Bleich. Jeff’s speech was about Courage, and from my point of view timely and a must read. I have received permission from Jeff to print his talk [...]
There’s something fishy about the bees
Bees are insects. Insects are not fish. Bees are not fish. Simple analysis. And, simply wrong. Bees are fish, according to the California Court of Appeal, Third Appellate District. Fishermen, elementary school science teachers, and all you befuddled readers, take a deep breath. The entire study of biology has not [...]
SLIP AND FALL IN COSTCO. LIABILITY?
You’ve all seen those sample tables at the end of the aisles at Costco stores. In our case today, Lilyan Hussaine was shopping at a Costco store in San Diego. Club Demonstration Services (CDS), an independent contractor who operated food sample tables within the store, was serving samples of butternut [...]
GUN OWNERS – ALL OF US – NEED TO SUPPORT SENSIBLE GUN RESTRICTIONS
I am a gun owner and have been since I was 12. I have a .22 pistol and a .22 rifle for “plinking” and shooting at targets, although it’s been a few years. I have a rifle I’ve had all my life for shooting big game – mostly wild pigs [...]
When is it Fair to Use Someone Else’s Property? Creating an Equitable Easement Under California Law
Part one of this article discusses an exclusive, implied easement analyzed by the California Second District Court of Appeal in Romero v. Shih, (2022) 78 Cal.App.5th 326. As explained in detail here, the court declined to allow the Shihs (the encroaching party) an implied easement because it would have created an exclusive implied easement. But [...]
Easement Issues when Buying or Selling Real Property: California Court of Appeal Declines to Create Exclusive Implied Easement When Lot Line Application Was Not Finalized
In Truckee, Grass Valley, Nevada City, Placer County, and many other areas around Lake Tahoe and the Sierra region, landowners wrestle with easements, encroachments, and related land use problems. Many homeowners have listed or intend to list their properties on the real estate market to benefit from significant real estate appreciation. While land use issues [...]
TIMING IS EVERYTHING
Law is rarely black and white. Lawyers live in the gray - arguing the intricacies and ambiguities of the law for the benefit of their clients. But clear, and often harsh, lines exist when it comes to statues of limitations. A statute of limitations is [...]
A Duress Mess
Finality should not be fleeting. A case, once settled, should not be subsequently litigated for years. But law has a mysterious of way of turning the end into the beginning. What is done can be undone. What is agreed can be rescinded. In Laura Fettig [...]
Blogdesigner2024-02-08T15:39:05-08:00