• Find Legal Articles
Expert Witnesses

California Legal Articles

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



Operator Of Medical Marijuana Collective Is Entitled To Assert Defense Under Prop 215 And The MMPA.

Voters passed Proposition 215, the Compassionate Use Act of 1996 (“CUA”) and it was put into legislation

Supreme Court Rejects Medical Testing Patent

During its 2011-2012, the United States Supreme Court recently issued a key intellectual property decision. In Mayo Collaborative Services v. Prometheus Laboratories, Inc., the Supreme Court ruled that a medical process of making correlations between blood test results and patient health could not be patented because it incorporated laws of nature.

How to Beat a Breath Test

DUI convictions rest on the evidence from breath tests, but they are not always accurate. Learn the tricks of the trade from a Los Angeles DUI lawyer.

Business Mergers

In this article I discuss business mergers, from a legal perspective. Without further adieu:

Merging Medical Practices

In this article, the author discusses the merger of medical practices, from a legal perspective.

Physician Recruitment Agreements

In this article I discuss physician recruitment agreements and their package of documents. A recruitment agreement allows a hospital to loan money to a physician or to a group practice in exchange for the physician’s promise to practice in a certain geographic area. Recruitment agreement packages frequently reach 100 pages of mind-numbing prolixity and obscure complexity.

Be Aware of Possible Nursing Home Expenses

When you are planning for retirement you are invariably going to be looking forward to good times ahead.

Known Perils of Teenage Driving

Teenage drivers are always at risk of getting involved in a car accident. According to the Centers for Disease Control and Prevention (CDC), in 2009 alone, at least 3,000 teenagers were killed and about 350,000 were injured as a result of traffic mishaps.

Should China Overhaul Its Patent System?

A European business group is calling on China to make big changes to its patent system. The European Chamber of Commerce in China argues that the current Chinese patent system hinders the country's ability to innovate and may be detrimental to foreign companies. The group released a report recommending a total of 52 changes.

Police Detention Is Illegal When Based On Only One’s Resemblance To A Suspect

It is well-established law that in order to justify an investigative stop or detention, police must have a “reasonable and articulable suspicion that some activity relating to a crime has taken place or is occurring or is about to occur and that the person is involved in that activity.”

Can Hospice Care Help My Family?

Statistically, we can all look forward to living much longer than those who came before us. That does not, however, mean that we will live forever.

A Juvenile Court May Not Automatically Transfer Case to Adult Criminal Court Without a Hearing

The People filed separate Penal Code § 602 petitions in juvenile court against Juan G., alleging such violations. Juan G. was sixteen years old in early 2012 when he allegedly committed attempted murder and violated the terms of a criminal gang injunction. The People filed separate Penal Code § 602 petitions in juvenile court against Juan G., alleging such violations.

Sixth Amendment Not Violated in DUI Case When Someone Testifies about Lab Report by Someone Else

On the night of August 17, 2007, Virginia Lopez was working at a restaurant in Julian, California, near San Diego. While working, she had three shots of tequila between 8:45 p.m. and 10:15 p.m. At about 11:00 p.m., she left work to drive home. As she drove home, she ran head-on into a pick-up driven by Allan Wolowsky, killing him. About two hours after the accident, Ms. Lopez provided a blood sample.

Social Security Going Electronic

Due to the aging of the baby boomers, there are approximately 10,000 people applying for Social Security benefits every day. This volume of applicants will continue for the next 20 years according to elder law experts. Of course, there are already millions of people collecting Social Security benefits. Can you imagine how much it costs to mail out paper checks to even a small percentage of these individuals?

Hocus Pocus and IP Law: Teller of Penn & Teller Seeks to Protect Copyrighted Trick

Teller of Penn & Teller fame is suing Dutch magician Gerard Dogge for allegedly stealing his copyrighted magic piece called Shadows. According to the copyright infringement lawsuit, Dooge performed a similar illusion called The Rose & Her Shadow in a YouTube video, which offered to reveal the “magic” behind the trick for $3,050.

California State Employment Laws in Effect since Start of 2012

The year 2013 is fast approaching. That being said, a lot of new changes and additions to the California employment and labor laws are bound to happen. Consequently, employers and employees in the state will surely be impacted by some of the provisions to existing laws, as well as new legislations created out of necessity for the betterment of the employment sector.

Shooting Someone with ABB Gun Can Be Assault With A Deadly Weapon (Penal Code § 245(a)(1))

Quamie Brown allegedly drove his white Cadillac up to Gerardo Calderon and Jesus Castro, who were standing on the sidewalk. Brown allegedly called over to Castro, through his rolled down window, “What the fuck are you guys doing here? Get the fuck out of our neighborhood.” Castro then told Calderon, “Let’s get out of here.”

Wiretap Information Leading to Seizure of 353 Kilograms of Cocaine Properly Denied to Defendant

Law enforcement obtained orders authorizing wiretaps involving fourteen cell phones used by defendant Steven Montes. The orders involved the magistrate’s finding of probable cause that Montes and others “have committedIn 2005 and 2006, law enforcement obtained orders authorizing seven wiretaps involving fourteen cell phones used by defendant Steven Montes.

Is Mobile Technology the Future of Innovation?

A new study reveals that over 20 percent of patent filings can now be traced to mobile technology. The findings suggest that the industry may be the future of innovation. The study, authored by consultant Chetan Sharma, examined approximately 7 million patents granted both by the U.S. Patent and Trademark Office and the European Patent Office.

Who are Considered “Monster” Drivers?

At some point in their lives, drivers and passengers alike would encounter irresponsible drivers. With them present on the road, they transform the roads into obstacle courses that other motorists try to avoid. Like monsters in horror tales, they endanger lives and property with their reckless behavior behind the wheel.

Supreme Court: Judges Can Consider New Evidence

The U.S. Supreme Court recently ruled in a 9-0 decision that patent applicants can introduce new evidence when challenging a patent examiner’s rejection under 35 U.S.C. § 145. The Supreme Court clarified that there are no evidentiary bars other than those articulated in the Federal Rules of Evidence and the Federal Rules of Civil Procedure.

Understanding the Veterans Benefits

Understanding Veterans benefits can be difficult. Not only do forms need completed, you must choose a plan. There are also many legal considerations. Find out what information you need for application, what benefit suits your individual needs, and how pension is calculated.

Arguments in Dog Bite Claims

Dog bites are not limited to causing physical injuries. Yes, there may be pain from lacerations, prolonged complications as a result of wound infection, and scarring, but dog bites also leave emotional scars – especially in younger people. Dog owners are generally obligated to keep their pet on a leash when walking public streets and sidewalks.

CHP Investigation of Accident Causing Brain Damage

In May, 2012 a newly licensed driver hit 8 high school students in a cross walk. It was first reported that he was travelling at 50 miles per hour or more and had been known to drive at high speed up and down the street where he lives. However the actual investigation found witnesses that said the truck was actually only going 15 miles per hour when it reached the cross walk where the high school students were hit by his truck.

One Count of Indecent Exposure (Penal Code § 314) Proper Even if Multiple People Witness Conduct.

Troy Smith allegedly masturbated in public view of others on three separate occasions. Two separate groups of people claim they saw this. In the third incident, Mary Hernandez allegedly was standing in her house and looked out the window to see Smith masturbating in her backyard. Ms. Hernandez quickly closed the curtains.

Overcrowded Emergency Departments Leading to Hospital Malpractice and Doctoral Malpractice

Overcrowded emergency rooms have become a major problem with hospitals, resulting in an increase in medical negligence and medical malpractice. Overcrowding has become a serious problem in hospital emergency departments. This causes patients who need immediate medical help to sometimes wait hours for medical attention.

Painful Hip Injuries from Skechers Shape-Ups

One of the side effects of wearing uneven, rocky shoes is pain related to excessive pressure and stress. Skechers Shape-Ups and similar toning shoes can cause hip pain because its rocker bottom sole design can cause the wearer to strain more muscles and distribute their weight in an unnatural way that can cause severe hip injuries.

Dog Bites and Liability of Parents

Dog bite accidents in the United States is a growing problem over the years. According to the Centers for Disease Control and Prevention (CDC), about 4.5 million Americans get bitten by dogs every year, and of these cases, at least 885,000 require medical attention. In 2006, the agency reported that more than 31,000 people needed to undergo reconstructive surgery due to severe dog bite injuries.

Supreme Court to Revisit Copyright Protections for “Grey Market” Goods

The U.S. Supreme Court has agreed to revisit the issue of whether copyrighted works purchased overseas can be resold in the U.S., without the permission of the copyright owner. The Court previously considered the issue in 2010, but ultimately split 4-4 after Justice Elena Kagan recused herself.

Who Will Care for Your Pet After Your Passing?

Because of the fact that pets live relatively short life spans as compared to humans, you may think that it is not necessary to consider the future of your pet when you are planning your estate. Perhaps this is true for some younger people who essentially co-own their dog, cat, horse or other animal with other immediate family members.

What is Arson (Penal Code § 451 and § 452) and Its Defenses?

Penal Code § 451 states that a person is “guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsel or procures the burning of any structure, forest land or property.” A conviction for a violation of § 451 is a felony, carrying with it a minimum prison sentence of sixteen months and a maximum sentence of three years in state prison.

Twitter Announces it Won’t Participate in Patent Wars

The intellectual property and high-tech industries are still trying to figure out what to make of Twitter’s recent patent announcement. The company has stated that it will begin using a new patent assignment agreement it calls the Innovator's Patent Agreement (IPA). Under the new agreement, Twitter agrees that it will not use the patents from employees’ inventions in offensive litigation without their permission.

Driverless Cars Slowly Becoming a Reality

Automobiles and other related means of transportation have significantly changed the way of land travel. Before, people relied on trains to get from point A to point B. With certain innovations such as roadways, motoring has experienced drastic changes. Over the 19th and 20th centuries, automobiles have become an integral part of life, as modernity slowly crept its way through society over these time periods.

Assessing Your ADL through the Function Report Form

The role of the Social Security Administration (SSA) on your claim is to make sure that your disabling condition is severe enough for you to be granted disability benefits. Also, the federal agency’s evaluation of your claim looks at how your condition affects your activities of daily living, also called ADLs.

California Medical Malpractice Lawsuit from a Medical Injury

If you or someone you love has been seriously injured because of the negligence of a nurse, doctor, or hospital, you may be wondering if you meet the thresholds for filing a medical malpractice lawsuit. This article will explain what thresholds are necessary to file a successful medical malpractice claim and how leading medical malpractice attorney Dr. Bruce Fagel proceeds with a medical malpractice lawsuit.

Felony Vandalism Charges Proper When Prosecutor Adds Damages Up from Multiple Victims

The Second Appellate District recently made new law by affirming a Pomona judge’s decision that felony, rather than misdemeanor, vandalism charges were proper when the total damages are considered. In this case, there were damages suffered by defendant’s mom and an apartment owner, which when totaled, exceeded the misdemeanor vandalism limits of $400.

Considerations in Burn Injury Cases

We surround our lives with them every day – furniture, appliances, and toys. We trust our products to be good, properly manufactured and safe. Unfortunately, not all products are safe. Some result in life-altering burns more frequently than we’d like to admit. Polyurethane, a type of foam found in household furniture is a highly flammable material.

USPTO Proposes Higher Fees for FY 2013

The U.S. Patent and Trademark Office recently proposed patent fee increases for fiscal year 2013. Although these fee increases generally take place every year, they may particularly harder to swallow given that the current fees reflect a 15% increase that occurred in September 2011, as required by the America Invents Act.

Shedding Light on Unified Gift/Estate Tax

The taxes that are imposed on transfers of assets are something to take very seriously when you are interested in wealth preservation. These taxes extend beyond the estate tax alone. There is also a gift tax, and it is unified with the estate tax under Internal Revenue Service regulations.

Social Security Disability Hearing: Things You Should Know When Preparing for It

Waiting for your disability hearing may take months or years. If you have been denied your disability claim and you ended up on this stage of the appeals process, you must know that preparing for it will help you a lot once the disability hearing day comes. It would greatly benefit you if you understand what to expect of this important event, as well as the procedures and practices that come with it.

Spinal Cord Injury (SCI) in Legal Perspective

Spinal cord injury (SCI) affects at least 11,000 Americans every year. As it is, this life-altering injury does not discriminate – anyone can become a victim. Furthermore, people with SCI face different challenges in life, which include the inability to do work and the costly hospitalization and rehabilitation expenses.

What is Resisting Arrest Under Penal Code § 148(a)(1)?

Resisting arrest under Penal Code § 148(a)(1) is the misdemeanor version of Penal Code § 69, which is usually a felony. Section 148(a)(1) is violated when one obstructs an officer or EMT when the officer or EMT is performing his or her duties. The prosecution must prove that defendant knew or should have known that the person affected was an officer or an EMT performing such duties.

What to do After Tearing a Ligament From Wearing Skechers Shape-Ups

Up until recently, Skechers, USA has been profiting tremendously from the toning shoe craze that hit U.S. markets. With an estimated $10 million in sales from 2011 alone, the leading toning shoe manufacturer made billions in profit from the sale of potentially dangerous shoes.

New FBI Campaign Targets Trade Secret Theft

The Federal Bureau of Investigation rarely likes to call attention to its ongoing spy tactics. However, the agency recently launched a national campaign designed to draw attention to a growing problem in the United States—economic espionage.

What Are Criminal Threats and the Defenses to this Charge?

Penal Code section 422 defines criminal threats as “willfully” threatening to kill or injure someone, unequivocally and with sufficient specificity that the recipient of the threat is placed in a state of reasonably “sustained fear” for his immediate safety or that of his or her family. The threat can be communicated verbally, in writing or electronically.

Second–Time DUI Offender Must Be Granted Restricted License After 90 Days of Actual Suspension

On July 1, 2010, Vehicle Code § 13352(a)(3) was amended to allow second time DUI offenders to apply for a restricted license with installation of an IID after ninety days of actual suspension. Previously, a second-time DUI offender was stuck with a one year license suspension.

Anesthesia Errors and Injuries from Medical Negligence

Anesthesia mistakes happen with major operations as well as with common elective procedures. An anesthesia error can cause severe permanent brain damage or death to a patient. Anesthesia errors happen every day in hospitals, doctor’s offices, and surgical centers. Anesthetists and Anesthesiologists play a vital role in surgeries.

If You Are a Bicyclist Hit by a Car What Are Your Rights?

What rights do I have if I am injured in a bicycle accident? This question, or some form of it, is probably the most commonly-asked question that bicycle accident attorneys hear. Those who have suffered damage or injury on a bike want to know if they can collect damages to pay for their medical bills and possibly lost wages, as well as give them some type of compensation for their pain and suffering.

Apple Prevails in California iPad Trademark Lawsuit

Apple Inc. has won at least one round of its trademark battle against Proview Electronics Inc. The two companies are fighting over the rights to the iPad trademark in China, with lawsuits pending in both countries. Here in the U.S., a California judge recently dismissed Proview’s trademark infringement lawsuit.

Leaving a Veterinary Practice / Closing a Veterinary Practice

This is the last article in my 8-part series on the basic corporate, business and contract law issues for veterinary corporations and veterinary practices in California. This article gives a very brief overview of how a veterinarian leaves or closes a veterinary practice. The veterinarian can’t just walk away – leaving or closing a veterinary practice is more complex than you think.



Find a Local Lawyer