California Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in California
Cerebral palsy is one of the most serious birth injuries that can affect children and families.
There are several dynamic elements to pay attention to when it comes to personal injury law. Lawsuits involving injuries require the attorney to pay close attention to the location of where the injuries occurred. Whoever the owner is of the premises where an individual sustains a personal injury is liable for any financial damages associated with that injury.
Auto related accidents involving serious to fatal injuries happen every day in and around Los Angeles. The most common cause of auto accidents, no matter where they occur, is operator error. Whether they’re overcompensating for road conditions or simply not paying attention to the road, vehicle operators improperly operating their vehicles is among the biggest causes of auto related accidents.
As MySpace seeks to regain its relevance in the ever-changing world of social media, it may be able to rely on the momentum of a recent intellectual property victory over Apple. The Trademark Trial and Appeal Board recently denied Apple’s bid to trademark its famous music icon after determining it was too similar to a mark already registered by MySpace. Both marks depict a double musical note in an orange rectangle.
This article’s focus is narrower. The following new laws affect criminal liability, as they are additions to the Penal Code and involve criminal liability, meaning jail, prison, fines, seizure or forfeiture of assets. The laws are referred to by the AB or SB number, or Assembly Bill and Senate Bill number, respectively. Their statutory reference in the Penal Code will be established shortly, but are not at this time.
Prosecutors often ask for STATIC-99 report to document how dangerous a defendant is and to support a longer sentence or more onerous plea bargain.
If your child is significantly slower in achieving developmental milestones such as walking, talking, or self-care skills compared with other children of a similar age, this may be a sign of a developmental delay. This article discusses developmental disabilities and potential causes.
The issue here for PD was whether he followed a continuing course of conduct, allowing the court to punish him for multiple, separate, distinguishable acts so that § 654 was not violated. The California Supreme Court in Neal v. State of California (1960) 55 Cal. 2d. 11, first allowed such an approach, which the Fresno judge obviously followed by adding a twenty-five year term to the three year term, although the two sentences were to be served concurrently.
Mold, Radon and other contributing factors to indoor air quality can significantly alter the value of a property and how well it sells. It can even constitute a claim or lawsuit.
Child visitation and child custody exchanges are a vital part of maintaining and building relationships between a child and each of their parents, but they can be a major challenge for the parents. The swap occurs each time a chid goes from the physical custody of one parent to the other, and the exchanges often escalate to high-conflict situations.
Racial discrimination, whether people like it or not, is part of the labor sector’s bad side. Workplace discrimination based on a person’s race is not uncommon in many working environments in the United States.
In 2011, he again attacked his 1997 petty theft conviction, by way of an “invitation” that the court dismiss the judgment of conviction under Penal Code § 1385. It merits mention parenthetically that only prosecutor can move to dismiss a case under section 1385. Thus, a defendant must instead “invite” the judge to exercise his discretion under 1385 to dismiss the case.
The following, is a recommended check list that should be followed by the Project Superintendent and Special Inspector for STRUCTURAL STEEL AND WELDING INSPECTIONS:
The following, is a recommended check list that should be followed by the Project Superintendent for MASONRY INSPECTIONS:
This article is intended to give the reader a thumbnail sketch of how Quality Control relates to the project Superintendent on the job site.
Sponsored by the Los Angeles County Bar Association Dispute Resolution Service DRS Southern California Mediation Association (SCMA) CONSTRUCTION SYLLABUS March 7, 2009
A Syllabus for the Orange Empire Training Academy 1997 Training Matrix, Sponsored by the International Conference of Building Officials (ICBO) Orange Empire Chapter Symposium on September 3, 1997.
Since the "Building Boom" of the 1980's and the advent of the ten year cycle ( California Code of Civil Procedure, Section 337.15 ) for "LATENT DEFECTS" ( A latent defect is one that a property owner does not know about and would not be expected to discover through the exercise of reasonable care. ) construction defects claims and subsequent litigation has exploded into horrific proportions.
The following article has been written, in part, by a Lawyer, Mr. Thomas M. Condas, with Attorneys and Insurance Professionals in mind and, therefore, contains case law citations. The information contained herein, is intended to be highly useful for all persons interested in its subject matter.
The copyright infringement litigation pitting startup Aereo against several major broadcasters is now underway. Because the decision could shake up how consumers get their television, the media and technology industries are closely watching the case.
The Second Appellate District, in People v. J.S. (2012 DJDAR 16323), quickly recognized that the “kill zone” theory was based on principles of transferred intent. The court pointed out the distinction between the intent in murder and that in attempted murder.
Every day about one thousand U.S. citizens incur dog bites that require emergency attention. Dog bite law is a branch of law that greatly varies from state to state. California has noticed an increase in dangerous dogs and dog bites, and has created a set of laws that are especially stringent in order to keep its citizens safer. Dog owners are responsible and held liable for what their dogs do to both humans and other animals.
The realms of employment and labor in the State of California are not without their common issues, such as discrimination, harassment, and anything that demonstrates unfair treatment to employees. Fortunately for them, they are able to fight for their rights as workers by seeking protection from the state’s employment and labor laws.
“Exposing oneself” means to reveal your entire naked body. Exposing one’s “private parts” means to show your bare genitals. Showing a bare female breast is not considered exposing one’s “private parts” (or else breastfeeding mothers might face indecent exposure charges). Similarly, flashing someone your under wear, no matter how revealing or skimpy, is not indecent exposure for purposes of Penal Code § 314.
By Grey Law
In 2009 there were almost 12,700 sexual harassment complaints filed with the U.S. Equal Employment Opportunity Commission. Sixteen percent came from men. Even though the total amount of sexual harassment is consistently on the decline, the number of complaints from men have increased over the years.
We get calls all the time from motorcyclists who want to know if they have a case? Sometimes the rider almost didn't pursue what turned out to be a great case and on others the case or potential for a case is not what the rider thinks it is. Do you have a case?
As trademark attorneys, we are hopeful that a new rule proposed by the U.S. Customs and Border Protection will help trademark owners prevent counterfeit goods from entering the U.S. market. The Intellectual Property Rights Interim Final Rule would allow the agency to share information about potentially infringing products with trademark holders.
The prosecution argued that the request for a certificate should be denied because the plain text of Penal Code § 4852.05 requires, the applicant to, during the period of rehabilitation, “live an honest and upright life… and obey the laws of the land.” As M.Z. admitted he committed a felony in 2007, the petition should be denied on that basis alone.
Sometimes an officer will find someone sleeping in their car on the side of the road, often in the early morning hours. Other times, a driver will park his car along the side of the road and run into the bushes to urinate or vomit, only to meet an officer as the driver returns to the car, keys in hand.
Before, the Social Security Administration (SSA) issues benefits statements to its beneficiaries via mail. Now, only individuals aged 60 years or older receive mailed benefits statements because the rest of the recipients aged 18 and above now have the ability to look up on their own statements using the Internet.
The waiver for unlawful presence may be granted only if the noncitizen is the spouse, son or daughter of a U.S. citizen or lawful permanent resident. If the waiver is being sought for a noncitizen fiancé(e), the U.S. citizen fiancé(e) also may be a qualifying relative. It should be noted that children of the noncitizen are not qualifying relatives for purposes of this waiver.
In November of 2007, Mrs. N.C. went to her husband’s house, where her daughter then lived. She took a Lynx Black Cat golf club with her and pounded on the front door of the house, demanding custody of her daughter. The daughter was inside and heard the pounding, but B. did not open the door. B. told Mrs. N.C. he would call the police. Their daughter “saw her mom and then ran to her room, crying.”
Traumatic brain injuries sometimes happen to newborn children as a result of medical malpractice. Traumatic brain injuries in babies can lead to developmental disabilities, cerebral palsy, and many other lifelong medical conditions.
Conviction for Attempted Criminal Threat (PC 422) Proper Although Neighbor’s Fears May Have Been Unreasonable
This article will mostly cover just the first ground of the accused's appeal. The Fourth Appellate District began its analysis by nothing that there are five elements of the crime of making a criminal threat, according to In re George T. (2004) 33 Cal. 4th 620, 630, fn. omitted.
In this article I discuss common area maintenance (CAM) expenses in a real property lease.
If you use Twitter and other social media websites, you have likely seen some questionable content pass through your feed. As highlighted by recent arrests in the United Kingdom, social media users may actually be breaking online privacy laws in some circumstances.
Smart phone maker Research in Motion recently demonstrated the importance of conducting trademark research before committing to a name for your product. Less than two months after the maker of the Blackberry devices announced that its new operating system would be called BBX, the company was forced to alter course. It will now be called BlackBerry 10.
The Obama Administration is working to develop a new strategy for intellectual property enforcement and is asking for the public’s help.
A returning legal resident returning from an absence of less than a year who presents his Green Card at the port of entry is not assured that he will be readmitted to the United States. While an Green Card satisfies the requirement of presenting a valid entry document, its presentation is not evidence that he is "returning from a temporary visit abroad." For this reason, it is possible that a returning resident might be denied entry if deemed to have abandoned his legal residence status.
Alimony, or "spousal support" is often confused with child support. Although both forms of payment are the result of a divorce, the two concepts are very different from one another.
Each year thousands of people are injured or die from surgery malpractice. Patients are injured or die from complex emergency surgeries as well as common routine surgeries such as plastic surgery or weight loss surgery. This article will discuss surgery injuries from medical negligence.
For some people, the details of their burial and funeral are unimportant. For others, however, a funeral service and burial is their final good-bye and represents how the world will remember them.
If you like to browse the Internet while at work, a recent ruling by the Ninth Circuit Court of Appeals is welcome news. Because many employees like to use the Internet for personal use during work hours, many employers have adopted policies prohibiting the use of work computers for nonbusiness purposes. In United States v. Nosal, the Ninth Circuit answered a very important question—Does an employee who violates such a policy commit a federal crime?
A complaint alleging a violation of section 594 can be filed as a misdemeanor or a felony. When the value of the damage is less than $400, the complaint is for a misdemeanor violation; when it is $400 or more, the complaint is filed as a felony. However, it is possible to resolve cases as misdemeanor vandalism when the value of the damage is over $400 and defendant has no prior record.
In its recent press statement posted last December 10, the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) has released a new data analysis on the occurrences of highway traffic deaths and injuries in the country.
Reckless driving is defined as driving “a vehicle upon a highway in willful or wanted disregard for the safety of persons or property…” Under subsection (b) of Vehicle Code § 23103, this crime can be committed also in an off-street parking facility.
Road accidents happen at any given time of the day. Contrary to popular belief, traffic accidents are more likely to happen during night time.
The IP litigation between tech giants Oracle and Google is currently underway. The trial involves claims that Google’s Android mobile operating system violates certain Java-related patents and copyrights now owned by Oracle.
Assault is a crime that often seems hollow because no one is physically injured, although no prosecutor would so characterize it.
To help crack down on for-profit colleges and universities using fraudulent tactics to enroll military veterans, President Barak Obama is turning to trademark law. The White House recently announced that the President will sign an executive order that, among other things, orders the Department of Veterans Affairs to register “GI Bill” as a trademark.