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Category Archive
Civil Litigation
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The Potential Personal Injury Litigation Consequences of California AB 544

California’s AB 544, effective January 1, 2026, mandates that all e-bikes be equipped with either a rear red reflector or a red taillight with a built-in reflector that is visible from 500 feet.  This requirement applies at all times – i.e. at all times of the day and during all visibility conditions. The statute sets Read More

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Why “Chat Control” Would Likely Be Unconstitutional in the United States

The EU’s proposed “Chat Control” law (formally Regulation to Prevent and Combat Child Sexual Abuse) aims to scan private messages for illegal content. In the U.S., such a law would likely violate constitutional rights. The First Amendment protects not just speech but also the right to receive information and associate freely. Government-compelled monitoring and filtering Read More

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California Code of Civil Procedure section 2016.090

Building Your Litigation Arsenal: The Power of Preparedness Under California’s New Discovery Law Litigation in California is moving fast. As of January 1, 2024, a new rule—California Code of Civil Procedure (CCP) section 2016.090—introduces mandatory early disclosure requirements in many civil lawsuits. This law aims to promote transparency and efficiency, but it also places new Read More

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Artificial Intelligence In the Legal Field

With the development of Artificial Intelligence (“AI”) technology, some lawyers have argued that there may be a coming transformation of the practice of law. Allegedly, AI computer programs appear to perform legal research, analyze contracts, review documents, and do many other lawyer tasks. There is even software that purports to manage cases, draft briefs, and Read More

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SB 1198 introduces new Pawn “Remote Transaction Fee”

On August 19, 2024, the Governor signed into law SB 1198, Pawnbrokers: Fees and Charges, CAPA’s revenue Bill, which updates and increases certain pawnbroker storage fees and charges, as well as, adds a new “Remote Transaction Fee.” What Is the New Law?  SB 1198 amends Cal. Financial Code §21200.9 introducing a new “Remote Transaction Fee” as an optional Read More

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A Change to the Bystander NIED Claim

On July 22, 2024, the California Supreme Court ruled in Downey v. City of Riverside (2024) 16 Cal.5th 539, that a bystander may assert a claim for Negligent Infliction of Emotional Distress (“NIED”) for a traumatic event heard through the phone. In a unanimous 7-0 opinion, the Court held that a bystander could “witness” an Read More

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Employee-Only Restrooms are not only for Employees

People living with disabilities and/or chronic medical conditions face additional challenges while living out their daily lives. This is not only burdensome, but especially embarrassing for sufferers of Crohn’s disease, ulcerative colitis, or an associated condition. These inflammatory bowel diseases (IBD) involve a debilitating urgency to use the restroom or else face an unwanted bowel Read More

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1 st Party Underinsured/Uninsured Motorist Coverage: Know Your Policy

Law enforcement officers are constantly driving their patrol vehicles while they are heroically enforcing laws and preventing crime. It is a natural consequence that patrol officers are more likely to experience on-duty motor vehicle accidents since they spend more time on the road. In the case of an on-duty motor vehicle accident, officers are entitled Read More

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California Senate Bill 553 – Targeting Violence in the Workplace

On September 30, 2023, Governor Gavin Newsom signed into law California Senate Bill (“SB”) 553, in response to growing concerns over the rise of workplace violence occurring throughout the state. SB 553, codified in Cal. Labor Code § 6401.9, requires virtually all California employers to prepare and implement a written Workplace Violence Prevention Plan (the Read More

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California Expands the State’s Ability to Involuntarily Confine Persons in Psychiatric Facilities. Is it Constitutional?

On October 10, 2023, Governor Gavin Newsom signed a bill which significantly expands the state’s ability to involuntarily confine people within psychiatric facilities. Prior law was written to preserve the dignity and liberty of persons suffering from mental health challenges by allowing for involuntary psychiatric confinement only in very limited circumstances. The change in law Read More

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