• Find Legal Articles
Expert Witnesses

California Legal Articles

Law related articles writen by lawyers
and experts witnesses practicing in California



Common California Family Law Questions Answered

  January 26, 2015     By Pinkham & Associates, APLC
Twelve common family law questions.

Less Talk, Less Liability

  January 20, 2015     By Matt Dickstein, Business Attorney
Don’t say it if you don’t have to, and never in writing.

Who Owns the Patient’s Medical Records in CA?

  January 20, 2015     By Matt Dickstein, Business Attorney
Who gets the patient medical records after a physician leaves a group medical practice? Here's a proposed structure that is fair and resolves the problem up-front for all sides.

Reduction in Federal Drug Penalties: “Just Say No”

  January 18, 2015     By The Law Office of Russell S. Babcock
Attorney General Eric Holder “gets it.” He understands that the federal prisons are full of non-violent drug offenders. During his administration, there has been the biggest overhaul of federal sentencing in drug cases in more than twenty years.

New Laws to Help Sexual Abuse Victims and Their Lawyers in California

  January 15, 2015     By The Law Offices of R. Sebastian Gibson
As a result of changes to sexual abuse laws in California and a more liberal statute of limitations, attorneys in California now have a greater chance to pursue perpetrators of sexual abuse and obtain justice for their victims. Thanks in part to greater public awareness of the problem, recent reports in the news, and more women willing to come forward after being abused, a greater number of abuse and molestation victims can at last obtain some measure of justice for the trauma they’ve endured.

What Police are Looking for in a DUI Driver

  January 14, 2015     By Kraut Law Group - DUI Defense
Under the Fourth Amendment of the United States Constitution, police are not allowed to simply stop any car in order to investigate the driver for a DUI offense. Both the U.S. and California Supreme Courts have held that officers must have reasonable or probable cause that the driver is violating the law before pulling a vehicle over. A traffic stop based on a mere suspicion or idle curiosity is not valid, and an officer needs an objectively reasonable basis for stopping a vehicle.

Events, Nightlife, Attractions and Hospitality Law Palm Springs Style

  January 13, 2015     By The Law Offices of R. Sebastian Gibson
In the past lawyers for the hospitality and entertainment industry, for restaurants, hotels, festivals, events, and attractions in California handled matters such as food safety, contracts with entertainers, alcohol regulations, or injuries on hotel properties. Hospitality and entertainment lawyers in places like Palm Springs today must also seek to protect guest confidentiality and safety at live music pool parties, film and music festivals, major sporting events and more.

Satire and Parody, Publishing Law in California and England

  January 9, 2015     By The Law Offices of R. Sebastian Gibson
In the aftermath of the horrific and deadly attack on the offices of Charlie Hebdo in Paris on January 7, 2015, we examine why parody and satire are cherished forms of free speech and how they are protected by U.S. and U.K. law. When an aggrieved target of satire or parody sues for defamation, or a copyright holder sues when their work is contained in a mashup, can parody, satire, or fair use be utilized as a defense by an attorney? In the U.K., it will help if the parody is funny.

Publicity Rights and The Right of Privacy, California Entertainment Law

  January 7, 2015     By The Law Offices of R. Sebastian Gibson
The right of publicity is the right of every human being to control the commercial use of his or her identity. When that right is infringed, the individual’s publicity rights have been violated. The right of privacy is the right not have your name or likeness appropriated by another without your permission, your privacy intruded, your private information to be made public, and to not be placed in a false light. In California, damages can be pursued by an attorney for these infringements.

How An Experienced Lawyer Can Protect A Comic Book Creator And Writer in California

  January 6, 2015     By The Law Offices of R. Sebastian Gibson
The client who creates a comic book character and goes on to develop a character that can be licensed to third-party publishers, to the film and television industry and to the interactive game industry, isn’t simply creating content. They’re creating intellectual property the ownership of which needs to be carefully protected so all the revenue streams from that content can be potentially licensed and controlled by the comic book creator and his or her company.

Understaffing and Undertraining in Nursing Homes: Results Can Be Deadly

  January 6, 2015     By The Evans Law Firm, Inc.
Recently, an 82-year-old woman died in a hospital after developing severe dehydration, malnutrition, bruising, and cuts, all of which could have been avoided, had the staff been more attentive and better trained.

Elder Abuse: Underreported and On the Rise

  January 5, 2015     By The Evans Law Firm, Inc.
Two million and counting elders suffer from elder abuse every year in the United States. However, with elder abuse on the rise, and the fact that elder abuse are often not reported, the actual number can exceed 2 million.

Pedestrian Fatalities and Injuries in the Coachella Valley Cause Concern

  January 3, 2015     By The Law Offices of R. Sebastian Gibson
Pedestrian accidents, both with fatalities and injuries are on the rise in the Coachella Valley and officials are concerned. There has been a rash of hit and run accidents all over California this year and the Coachella Valley has not been immune. But it is the total number of pedestrian accidents, hit and run and otherwise that is causing city leaders to consider what can be done to prevent further death and injury to the desert’s residents.

CA New Bike Law Not Yet Preventing Coachella Valley Bicycle Accidents and Injuries

  January 2, 2015     By The Law Offices of R. Sebastian Gibson
On September 16, 2014, California’s new bike law went into effect requiring motorists to give bicyclists three feet of distance when passing a bike rider. Since the law passed, bicycle collisions continue to occur. Motorists are likely to be cited for breaking the three feet law only if a deputy witnesses the accident. With the initial publicity of the law fading, many drivers remain unaware of the law. And bicyclists will need to continue to look out for drivers coming too close.

A History of Bus Crashes with Ties to Palm Springs and Palm Desert

  December 30, 2014     By The Law Offices of R. Sebastian Gibson
The bus crash everyone in Palm Springs remembers most is the bus crash of July 31, 1991 that killed 7 and injured 53 when a chartered school bus carrying Girl Scouts and their chaperones skid 400 feet, overturned, careened off the Palm Springs Aerial Tramway Road, and tumbled down an embankment after its brakes failed. That crash was only one of a number of bus crashes with ties to Palm Springs and Palm Desert. As bad as it was, the FedEx bus crash in 2014 may have even been more horrific.

What Constitutes Probable Cause for a DUI Stop?

  December 29, 2014     By Kraut Law Group - DUI Defense
Many people are surprised to learn that law enforcement officers are not simply allowed to stop any vehicle they see on the road.

Pleading No Contest to DUI

  December 29, 2014     By Kraut Law Group - DUI Defense
When a person is charged criminally with a DUI offense there are several different pleas that he or she can enter in court.

CA Hwy 74 Motorcycle Injuries, Fatalities and Vehicles Going Over the Side

  December 28, 2014     By The Law Offices of R. Sebastian Gibson
The stretch of Hwy 74 that runs from Palm Desert toward Mountain Center and then toward Idyllwild as Hwy 243, is a scenic paradise with views of both the desert floor and the pine trees and firs that greet you as you get closer to the Mountain Village of Idyllwild. Known as the Palms to Pines Highway, it is a magnet for motorcycle riders who love the challenge presented by the curves in the road that take them in both directions. It’s also a death trap for the unwary or inexperienced rider.

CA Hwy 86 Injuries and Fatalities, Once Again a Killer Highway

  December 26, 2014     By The Law Offices of R. Sebastian Gibson
Hwy 86 runs from Interstate 10 to Calexico. It passes through Indio, Thermal, Brawley and El Centro. Once known as “The Killer Highway,” stoplights were installed at some intersections to prevent broadside collisions. Anyone who’s driven the highway, knows it’s still dangerous because of the cross traffic. Now, once again, the highway is taking its toll.

Three Important, Commonly Misunderstood Concepts in California Employment Law

  December 26, 2014     By The Law Office of Arkady Itkin
Defining and discussing three of the most important and commonly misunderstood terms in California employment law - wrongful termination, discrimination, and harassment/hostile work environment.

I-10 Big Rig Crashes and Tractor-Trailer Rollovers in the Coachella Valley

  December 23, 2014     By The Law Offices of R. Sebastian Gibson
The truck speed limit on the I-10 through the Coachella Valley is 55 mph. Most truckers drive through the valley at faster speeds. It would be easy to blame all of the big rig crashes and tractor-trailer rollovers in the Coachella Valley on speed, but there are too many other factors, including the negligence of others. With trucks that can weigh as much as 80,000 pounds, the passengers in cars and pickups they hit have a lesser chance to survive.

Cathedral City CA Hit and Run Accidents and Fatalities, a Coachella Valley Tragedy

  December 22, 2014     By The Law Offices of R. Sebastian Gibson
The families of hit and run victims in Cathedral City and their attorneys just want answers. How can a bicyclist be hit by a hit and run vehicle, then a second pedestrian be hit by the same vehicle just moments later, then hit a second time by a paramedics vehicle transporting the first victim, and then hit yet by yet a third hit and run vehicle? These deaths in October 2014 would be just two in a string of recent hit and run wrongful deaths in the Coachella Valley.

Distracted Holiday Shoppers Causing Car Accidents and Pedestrian Injuries

  December 22, 2014     By The Law Offices of R. Sebastian Gibson
It’s that time of year, Christmas, that dangerous time in California for drivers and pedestrians which accident attorneys and insurance adjusters know all too well. It’s Christmas. People in cars and pedestrians alike are distracted. They’re shopping, and coming from Christmas parties. Some are unfamiliar with the roads. Others forget what to do when it starts to rain.

What is Retrograde Extrapolation?

  December 22, 2014     By Kraut Law Group - DUI Defense
Retrograde extrapolation is the scientific and mathematical process used by chemists and toxicologists to estimate what a person’s blood alcohol content was at a specific time based on test results obtained at a later period of time. In the context of DUI cases, it is often used to determine whether or not a driver had a BAC of 0.08 or higher at the actual time of driving based on what the BAC was at the time of testing.

The Christmas Tort, For Christmas Dishes You’ve Had to Eat and Lies You Were Told

  December 21, 2014     By The Law Offices of R. Sebastian Gibson
It’s time to give personal injury lawyers a tort that can improve the lives of people at Christmas. How long are family members going to suffer at Christmas after being served dishes that should have stayed in the 50's, for lies told to them by their parents, and for Christmas traditions they never agreed to take part in, without being able to obtain some type of relief for the distress, the stomach pain and heartburn they’ve endured? Well no more. It’s time for the Christmas Tort.

Twentynine Palms Marine Accidents and Fatalities on CA Hwy 62, The Killer Highway - A Personal Injury Tragedy

  December 20, 2014     By The Law Offices of R. Sebastian Gibson
At least 182 people have died on CA Hwy 62 since 2002. More than 90 lives have been lost since 2007. The risks of dying on Hwy 62 make this highway a dangerous road to travel and the stretch of Hwy 62 from 29 Palms to Palm Springs one of the most dangerous stretches of highway in California. Marines from the Twentynine Palms Marine Corps Air Ground Combat Center and personal injury attorneys who represent grieving families know all too well what is known as “The Killer Highway.”

Doing Business in Cuba After Obama Restores Relations And Lifts Restrictions

  December 19, 2014     By The Law Offices of R. Sebastian Gibson
In January 2015 the Treasury Dept. is expected to issue regulations to establish banking relations and allow U.S. companies to export items for sale in Cuba without the trade barriers that have existed for decades. While some Republican leaders have criticized Obama’s actions, normal relations with Cuba are only a matter of time and the opportunities for attorneys representing American and European companies wishing to pursue commercial opportunities in Cuba have never been greater.

Personal Injury Lawyers Know Your Legal Rights After a Car Accident Injury

  December 19, 2014     By King Aminpour Law Firm
If you are not familiar with the legal rights you possess after being injured in an automobile accident it is most likely in your favor to find a car accident lawyer to work on your behalf.

What Can a Car Accident Lawyer Do for You?

  December 19, 2014     By King Aminpour Law Firm
Finding a car accident lawyer may be more difficult than you had initially thought, but the end result of finding the best lawyer for you is more than worth it.

Tips for Staying Safe on California Roads During the Holiday Season

  December 19, 2014     By Martinez & Schill LLP
This is the time of the year when California's highways become full to capacity with parents, children, cousins, grandparents, and friends traveling through the state to be together for the holidays.

Have a Car Accident Lawyer by Your Side when Dealing with Insurance Companies

  December 18, 2014     By King Aminpour Law Firm
After being injured in an accident an insurance company will try to give you the least amount possible as compensation for the damages to your vehicle and compensation for your injuries.

Find a Car Accident Lawyer Near You to Help with Your Insurance Claim

  December 18, 2014     By King Aminpour Law Firm
After being struck by another driver adrenaline is most likely coursing through your veins and you may not be able to think clearly. You also may not be able to feel the full effects of the injuries you may have sustained during the accident. For these reasons and many others you should avoid making any type of initial statement to your insurance company or the insurance company of the individual at fault for the accident.

Suspension and Deferral of Deportations: A Band-Aid Covering the Tumor

  December 15, 2014     By The Law Office of Russell S. Babcock
Congress and President Obama have both taken recent steps in passing two measures that move in the right direction to solve the immigration crisis in the United States.

Factors a Car Accident Lawyer Looks For to Determine the Winnability of a Case

  December 11, 2014     By Law Office of Mark H. Cibula
Car accidents are generally scary and stressful situations to find yourself in, no matter how major or minor they might be. However, when you also have to worry about recouping costs for medical bills, lost wages, property damage and anything else you owe as a result, it makes the hardship much more difficult to manage on your own. That’s where the knowledge and assistance of an experienced car accident lawyer really comes in handy.

Seniors Should be Cautious When Purchasing Deferred Annuities

  December 10, 2014     By The Evans Law Firm, Inc.
Financial Conduct Authority says the deferred annuities market is messy, so seniors and elders need to be more careful when buying.

Who Owns the Nursing Homes in California?

  December 9, 2014     By The Evans Law Firm, Inc.
When moving your loved one into a nursing home, you want the best. Except, that info isn't readily available to the public.

A Tax Avoidance Approach to Disgorgement Generates a Win for the SEC

  December 8, 2014     By Fulcrum Inquiry
The Securities and Exchange Commission (“SEC”) has been awarded a substantial win in its civil enforcement action against Samuel Wyly and Donald R. Miller, Jr. as the Independent Executor of the Will and Estate of Charles J. Wyly Jr. (the “Wylys”).

2014 Recalls Aimed at Infant Products

  December 3, 2014     By Martinez & Schill LLP
Thousands of consumer products are recalled due to safety concerns every year. Every year, hundreds and even thousands of consumer products are recalled due to safety concerns. These products fall under a wide variety of categories, from automotive parts and products to kitchen goods, household accessories, pet toys and products, and children's products.

Unwarranted Drug Tests On Senior Citizens

  December 3, 2014     By The Evans Law Firm, Inc.
Senior citizens have been given certain unnecessary drug testing in a Medicare fraud scheme.

Understanding the Routes to Different Child Custody Situations in California

  December 3, 2014     By The Law Office of Heather Cullen, APC
The Child Custody and Visitation Process in California. Divorcing parents in California control their own future when deciding child custody arrangements. That is if they are amicable and can come to an agreement.

Five Ways Not to Become a Blind Mule

  November 30, 2014     By The Law Office of Russell S. Babcock
Yes, it does happen. While the majority of those who are arrested at the international border with cars laden with narcotics know that of their illicit cargo, there are the occasional blind mules –those who were duped by strangers, business associates or even loved ones to carry the contraband.

How to Tell if You Are Ready for a Divorce

  November 26, 2014     By The Law Office of Heather Cullen, APC
Issues to review when contemplating a dissolution of marriage.

Ignition Interlock Devices: What You Need to Know

  November 25, 2014     By Kraut Law Group - DUI Defense
An Ignition Interlock Device (“IID”) is a device that connects to a vehicle’s ignition and requires a breath sample from the driver in order to start the vehicle and to keep the car operating.

Transamerica Life Insurance Co. Indexed Universal Life Insurance Policies

  November 20, 2014     By The Evans Law Firm, Inc.
If you're wondering whether you should buy an indexed universal life insurance policy, read to find out why you might not want to.

Important Differences Between Enforcement of Spousal Support Orders and Enforcement of Civil Judgments in California

  November 19, 2014     By Evanns Collection Law Firm
Spousal support refers to an ongoing series of payments payable to one spouse over a specified duration of time after a divorce. For spousal support to be enforceable under California law, a judgment must first be entered by the court.

Performance of California Nursing Home Chains

  November 18, 2014     By The Evans Law Firm, Inc.
Many nursing home chains in California have been shown to underperform when it comes to quality-of-care, staffing, and inspection measures.

California's Loss of Tesla's $6 Billion Battery Factory

  November 17, 2014     By Kassouni Law
A question of free market vs. government over-regulation to address the issue of environmental sustainability.

Field Sobriety Tests

  November 17, 2014     By Kraut Law Group - DUI Defense
Before a driver can be arrested for a DUI offense, the investigating officer must be able to form a reasonable suspicion that the driver is under the influence of alcohol or another intoxicating substance. This will be based on the officer’s observations of the driver’s appearance and demeanor and information about drinking or drug use the driver voluntarily provides when asked.

Potentially Misleading Advertisement for Indexed Universal Life Policies by Insurance Marketing Organizations

  November 12, 2014     By The Evans Law Firm, Inc.
Insurance marketing organizations may have been providing misleading Indexed Universal Life policy ads.

DUI and the Military

  November 10, 2014     By Kraut Law Group - DUI Defense
One frequent concern that those arrested for driving under the influence may have is what effect a DUI conviction would have on a potential military career.



Find a Local Lawyer