California Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in California
By Grey Law
In regards to overtime hours for employees, the United States Department of Labor in conjunction with the Fair Labor Standards Act have created stringent laws to protect workers throughout the nation, as well as enormous penalties for employers who don't abide by the regulations.
In a unanimous opinion, the California Supreme Court clarified that trial courts may use either California Evidence Code Sections 801(b) or 802 to admit or exclude the expert’s testimony. Potentially, the Opinion widens California judicial authority to exclude expert testimony by placing California closer to the federal Daubert standard and the majority of other states that follow such standard.
Owning a business is not without certain legal risks. Businesses are vulnerable to the perils of being served with a business litigation summons and complaint at any time. Customers can think of all kinds of reasons to bring a lawsuit against a business.
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.
The reader of this article may understand that a .50-cal weapon fires a very large round, one that probably can take down a hippopotamus or even perhaps an elephant. It is used in the military often to penetrate buildings with stucco and drywall (the author of this article is a former Marine with seven years of active duty service, including combat experience).
If you and your child's other parent are separated or divorced, determining child custody is probably one of your primary concerns. Child custody comes in two forms – legal custody and physical custody.
Company who wants to safeguard its intellectual property rights in other countries must take additional steps to ensure international protection. To help streamline the process, the United States Patent and Trademark Office (USPTO) has entered into partnerships with countries across the world.
Enhanced Sentence Upheld on Appeal for Sex Crime Defendant Who Already Was a Penal Code § 290 Registrant
In 1994, California amended its law again so that any sex offense conviction-felony or misdemeanor-required continuous registration, regardless of expungement. This was Penal Code § 290.1 (1994).
Under AB109, also known as the Criminal Justice Realignment Act of 2011, California began a policy to reduce its prison population to ease over-crowding. The overcrowding was deemed by the U.S. Supreme Court to constitute cruel and unusual punishment for the prisoners and thus a violation of the U.S. Constitution’s Eight Amendment ban against cruel and unusual punishment.
They advertise on daytime television, billboards, buses and benches. They are often called ambulance chasers or even worse. They are often the brunt of “lawyer jokes”, but when you or someone you love has been injured or killed in an accident, who do you call? That’s right, you call a lawyer. But, how do we know who is the right lawyer to call?
Wrongful death lawsuits resulting from medical malpractice are filed when a patient dies as a result of the negligence of a doctor, nurse, medical professional or medical facility. This article will provide more information about California wrongful death claims.
A little over a year ago on January 1, 2012, California’s new corporate laws went into effect broadening the choices for corporations to include the following two new corporate entities: Benefit Corporations and Flexible Purpose Corporations. The effect of the new legislation was to allow companies that wish to pursue, both, social and economic objectives the ability to formally include those missions into their articles of incorporation.
Thanks to the Internet, it is possible to share a photograph in a matter of seconds. However, this same technology also makes it easier for someone to use your photo without your permission or without paying a fee. Therefore, it is often necessary to take steps to protect it under copyright law.
To clarify how much sensory and motor function is lost, after a patient experiences a spinal cord injury, physicians classify spinal cord injuries as either complete or incomplete.
About 195,000 deaths are caused by burn injures each year worldwide. A burn is tissue damage caused by heat, chemicals, electricity, sunlight or nuclear radiation. Burns are most commonly caused by scalds, building fires and flammable liquids and gases.
Make no mistake about it. Possession of child pornography (Penal Code § 311) is considered a serious crime. However, it is subject to many defenses, regardless of whether defendant faces federal charges or state charges.
Apple Inc.’s recent blockbuster $1.05 billion verdict in its patent infringement lawsuit against Samsung Electronics Co. may not translate into victories overseas. Apple and Samsung have patent litigation currently pending on four continents, and each company has been able to claim some measure of success in recent weeks.
Whether the parents of a child maintain a relationship or not, they are legally required to provide for their child. Child support is the financial obligation that a non-custodial parent has to his or her child's custodial parent, to be used solely for the care of the child. The non-custodial parent is required to make regular payments, regardless of where they live.
Congress established six factors that a district court must consider to determine if such a transfer is in “the interest of justice.”
Have you been in a motorcycle accident that you feel was not your fault yet the offenders insurance company is saying it is?
Kernicterus is a dangerous neurological condition that can develop if a baby with very high bilirubin levels, leading to severe jaundice is not immediately treated. Kernicterus causes severe and irreversible brain damage. Kernicterus can be prevented.
Defendant Removed from Courtroom Not Entitled to Have Audio Video Feed to Hear or See Testimony in Trial
Defendant appealed his conviction on multiple grounds, however, this article will limit its scope to Defendant’s argument that his state and constitutional due process rights to a fair trial were violated by not being provided a video or audio feed of trial proceeding after he was removed from the courtroom. Defendant had moved earlier for a mistrial on such grounds, but that motion was denied.
In this article, the author first discusses when an accountant is a contractor as opposed to an employee. Second, he looks at the essential terms of an accountant employment contract and an accountant independent contractor agreement.
This article gives you a legal compliance checklist for your accountancy corporation.
What are the costs and benefits of forming an accountancy corporation?
In September 2012, California Governor Jerry Brown enacted a number of laws relating to employment law. It is important that employers are familiar with the changes in order to ensure compliance. The following list includes that changes made which, unless stated otherwise, will go into effect January 1, 2013.
Penal Code § 288.4 is a “wobbler,” meaning it can be filed as either a misdemeanor or a felony, depending upon the facts of the case and the client’s criminal history. It is most often filed as a misdemeanor if the defendant has absolutely no prior criminal history (excluding minor traffic offenses such as speeding or parking tickets).
Apple has been awarded a preliminary injunction in its ongoing patent infringement lawsuit with Samsung Electronics. The injunction prohibits the sale of Samsung’s Galaxy Tab 10.1 tablet computer in the United States.
Accordingly, the conviction was reversed and the matter was remanded for retrial, with instructions to the trial court to remove that part of the subject jury instructions which said, “or not aware of the essential characteristics of the act because the perpetration tricked, lied to, or concealed information from her.”
Domestic violence is being referred to as an epidemic in the United States, and more than three million children witness acts of domestic abuse every year. Domestic violence is emotionally scarring for victims, especially when children are involved. It is important for anyone involved in a family law case to understand the implications of domestic violence and how it affects child custody in California.
The NBA’s number one draft pick is a smart guy, both on and off the court. Even before being drafted by the New Orleans Hornets, Anthony Davis, famous for his connected eyebrows, filed trademark applications for the phrases “Fear The Brow” and “Raise The Brow.”
The U.S. sentencing guidelines defined “controlled substance offense “as an offense “as an offense punishable by a term exceeding one year, that prohibits the manufacture, import, export, distribution, or dispensing of a controlled substance (or counterfeit substance) with intent to manufacture, import, export, distribute or dispense.”
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.