Entries by Crysta Dwyer

CALIFORNIA’S DRAM SHOP LIQUOR LAWS

            If a bartender or social host (you at home) serve alcohol (maybe too much) to someone – could be a minor – and the drinker causes an accident, maybe a death, are you or the bartender liable?  DRAM SHOP LAWS             Most states like California have “Dram Shop” laws imposing liability or providing immunity […]

SCHOOL IMMUNE FROM LIABILITY DURING FIELD TRIP INJURY?

            Field trips and excursions are an important part of school life. As such our Legislature has passed laws giving immunity to school districts for injuries or accidents that occur during elementary or school district field trips per Education Code section 35330 (college level immunity per section 55220 of the Code of Regulations). Having volunteered […]

RIGHTS AND DUTIES OF EASEMENT OWNERS – FOR DUMMIES

            As a real estate lawyer, I am asked at least once a week about the rights and obligations of easement holders. If property owner A has an access easement and road over B’s land, may B install a gate? If A and B share a driveway or parking area, who can use and who […]

CYCLING SEASON SAFETY: SHARE THE ROAD, SHARE THE RESPONSIBILITY

Bike season is in full gear in Truckee-Tahoe and here at Porter Simon we have been riding to work, competing in local races (see Truckee Dirt Fondo, Tour de Manure and Lost and Found Gravel Grinder) and generally logging time in the saddle on the area’s endless miles of single track, double track, roadways, streets […]

AIRBNB CHALLENGES SHORT-TERM VACATION RENTAL ORDINANCE

            Picturesque Santa Monica on the coast of Southern California serves 90,000 residents and houses as many as 500,000 visitors on weekends and holidays. As the Federal Court of Appeals wrote: “Similar to other popular tourist destinations, Santa Monica is struggling to manage the disruptions brought about by the rise of short-term rentals facilitated by […]

NEIGHBOR’S ENCROACHMENT OVER YOUR PROPERTY LINE

            A common occurrence in our area, given the frequent lack of survey monuments, is a neighbor’s inadvertent building over your property line, whether it be a driveway, a fence, a deck or even a portion of a house.  Must the encroachment over the boundary line be removed or may it legally remain in place?  […]

LEAD-FREE HUNTING EFFECTIVE JULY 1

            The California Legislature passed a phased lead ammunition ban signed into law by Governor Jerry in 2013. The ban was adopted following the adverse effect of lead ammunition on the endangered California Condor and other birds who sometimes feed on the entrails of animals shot by hunters. NEW LAW PHASED IN             The 2013 […]

CARE TO BE TAKEN WHEN REFUSING A REQUEST FOR ENTRY OF SERVICE ANIMAL

            I have written in earlier columns about the importance of honoring a request made by a disabled person for a guide dog, signal dog or service dog. Apparently, a certain homeowner association did not get the message.             A new Nevada case, Sanzaro v. Ardiente Homeowners Association, underscores the point. ANGEL: NOT A MERE […]

NEITHER UNIVERSITY NOR NATIONAL FRATERNITY LIABLE FOR INJURY TO PARTY GOER

            Underage drinking at fraternity parties and events, a historical reality on college campuses throughout the country is unacceptable and can be legally disastrous – especially when it results in serious injury or death. Today’s column discusses a case resulting from an incident at the Sigma Alpha Epsilon (“SAE”) fraternity chapter at the University of […]

REGISTER AS AN ORGAN DONOR – THIS MONTH

As most of you faithful Law Review readers know, more or less every April — National Donate Life Month — we do an organ and tissue donor column. This message bears repeating.             Well over 100,000 people in the United States are in need of an immediate organ transplant. On average, 20 people die every […]