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Category Archive
Civil Litigation
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Electronic Grace Notice and Replacement Loans

Electronic Grace Notices Pawn brokers and software developers are creating different ways to execute online transactions between pawn brokers and borrowers. Pawn brokers may now use third-party software applications or create their own program for executing such transactions. In any event, below is a process that pawn brokers should follow to validly deliver an electronic Read More

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California Legislature Creates Hurdles to Challenging Anti-Gun Laws in Court

The California Legislature recently passed a series of anti-gun laws that are likely unconstitutional, and in order to insulate those laws and all other California gun laws from legal challenges, the legislature passed an oppressive fee-shifting statute creating an enormous hurdle to any would-be litigant who might consider initiating a legal action. California SB 1327, Read More

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2021 California Legislative Session: Jaywalking in California

In the 2021 California Legislative Session, the California State Legislature passed a bill that would have mostly decriminalized jaywalking in California and shifted the rights of way between cars and pedestrians on the streets. (In our June 1, 2021 blog posting we discussed that bill and some of its potential consequences – California’s “Freedom to Read More

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Bitcoin… What Is It Exactly?

A California Pawnbroker may buy, sell, and enter into pawn on any “tangible personal property”. (See Cal. Bus. & Prof. Code § 21626.) The term “tangible personal property” is defined by California Business & Professions Code § 21627 as “all secondhand tangible personal property that bears a serial number or personalized initials or inscription or Read More

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Loss of Consortium Claims

What Is A Loss of Consortium Claim? When an individual suffers a personal injury, it can impact their lives in many ways. Our civil system strives to “make the plaintiff whole,” by putting the injured person in the same position that they would have been in had the injury never occurred. However, a personal injury Read More

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Post Paternity Rights

In October 2021, United States Secretary of Transportation Pete Buttigieg became the subject of public commentary when it was reported that he had taken several weeks of “paternity leave” from his cabinet position in the midst of numerous nation-wide transportation emergencies. Some accused Secretary Buttigieg of job abandonment. Others commended him as a sort of Read More

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The Inalienable Right to Privacy Extends to Bathroom Harassment

The Inalienable Right to Privacy Extends to Bathroom Harassment The Federal Constitution recognizes the right to privacy in the First, Fourth, Fifth, and Fourteenth Amendment. Similarly, the California Constitution recognizes the right to privacy as an inalienable right under Article 1, §1. The California Constitutional Right to Privacy protects victims against other individuals and private Read More

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California’s “Freedom to Walk Act”: How Decriminalizing Jaywalking Could Affect Premise Liability Cases

Recently, a California Court of Appeal took up the issue of whether the owner of a residential condominium complex owed a duty to provide adequate onsite parking spots at the complex to prevent visitors from having to park across the street. Issakhani v. Shadow Glen Homeowners Association, Inc. — Cal.Rptr.3d —- (Cal. Ct. App., Apr. Read More

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Ford Motor Company v. Montana Eighth Judicial District Court: SCOTUS drives specific personal jurisdiction in a new direction

On March 25, 2021 the Supreme Court of the United States issued a decision in Ford Motor Co. v. Montana Eighth Judicial District Court, a case that led the Court to revisit the constitutional underpinnings of personal jurisdiction jurisprudence. 141 S. Ct. 1017 (2021). The Fourteenth Amendment’s Due Process Clause limits a state court’s power Read More

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Gregg et al. v. Providence St. Joseph Health et al: A Challenge Against California’s Hospital Lien Act

On February 12, 2021, a California federal judge remanded to state court a putative class-action lawsuit that challenges the amount that California hospitals can recover through liens against accident victims’ settlements from their tortfeasors under California’s Hospital Lien Act (“HLA”). California Civil Code sections 3045.1-3045.6. The case, Gregg et al. v. Providence St. Joseph Health Read More

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