Entries by Crysta Dwyer

HOA CAN PETITION COURT TO APPROVE AN AMENDMENT TO CC&RS WITHOUT SHOWING VOTER APATHY

               While voter apathy is quite common in many common interest development associations (often referred to colloquially as homeowners’ associations (HOAs)), one issue that bucks that trend by engendering strong opinions and driving member participation within communities is short-term (transient) rentals.  The proliferation of Airbnb and similar online platforms has led to an increase in […]

RENT CONTROL AND CHANGING LANDLORD AND TENANT RIGHTS IN CALIFORNIA

California’s housing crisis has resulted in significant legislation addressing rent control, long-term tenancies, construction of accessory dwelling units, and other measures to provide additional housing stock and to add further tenant protections. The newest legislation, AB 1482, will become effective in January 2020. What does the new law do? AB 1482 (known as the “Tenant […]

MORBID OBESITY COVERED UNDER THE AMERICANS WITH DISABILITIES ACT?

            The Americans with Disabilities Act covers individuals with disabilities who generally must be accommodated in their workplace. The question in our case today is whether a worker who weighed 370 lbs. has a “physical impairment” covered by ADA law. HIRING OF EMPLOYEE             Jose Valtierra began working for Medtronic in 2004 as a facility […]

DISCRIMINATED AGAINST FOR NOT SPEAKING “GOOD ENGLISH”

            Employment discrimination remains an ongoing issue for employees: for example, if your employer demotes you because you do not speak “good English” or as a Filipino with a “thick accent.” EMPLOYEE “SPEAKS WITH A THICK ACCENT”             Nancy Ortiz, a registered nurse, worked for Dameron Hospital Association in Stockton for ten years. She was […]

“DIET COKE” MISLEADING BECAUSE IT DOES NOT PROMOTE WEIGHT LOSS

            An interesting class action lawsuit, filed in the Federal District Court, claims that by marketing its soft drink “Diet Coke,” the Coca-Cola Company violates New York State law because drinking Diet Coke does not cause weight loss, in fact there is evidence it causes weight gain. THE MARKETING OF “DIET COKE”             The lawsuit […]

Mars Bars Made By Child/Slave Labor?

            Robert Hodsdon purchased chocolate products made by the Mars company. Of course, we know the Mars company makes Mars Bars, Milky Ways, M&M’s, Skittles, Snickers and Twix. My personal favorite is Snickers. My daughter Kelsey’s turtle is named Skittles.  Hodsdon didn’t buy the candy because he liked chocolate; he purchased because he wanted to […]

TRIP AND FALL ON SIDEWALK – SUE?

            Trip and falls are the bread and butter for some law firms. Our office handles plenty, but I wouldn’t call it our bread and butter or even our bread. LAWSUIT OVER UNEVEN SIDEWALK             Charles Huckey sued the City of Temecula for injures he suffered from tripping and falling on what he described as […]

“BIKINI BARISTAS” SERVING…COFFEE

            If you think Starbucks is a friendly coffee-serving business establishment, consider Hillbilly Hotties, a bikini barista drive through kiosk in Everett, Washington. HILLBILLY HOTTIE’S BIKINI BARISTAS             Hillbilly Hotties is a popular bikini barista stand in Everett where customers drive through to purchase coffee and other non-alcoholic beverages. Would I kid you?             The […]

MURDER-FOR-HIRE (AND PORTER’S MURDER CASE)

            We don’t get many murder-for-hire cases to analyze in the Law Review, so when I found one out of Southern California, I pounced on it. PORTER’S MURDER CASE             Allow me to digress. Ravn Whitington in our office skillfully handles our criminal law matters, but in the old days I practiced criminal defense law. […]

LED ZEPPLIN’S “STAIRWAY TO HEAVEN” STOLEN FROM BAND SPIRIT?

SPIRIT             Randy Wolfe, nicknamed Randy California by Jimi Hendrix, was a musician and a member of the band Spirit. He wrote the song “Taurus” in 1966. Spirit’s first album Spirit – which included “Taurus” – was released in late 1967, Randy Wolfe was listed as author on the copyright registration. LED ZEPPLIN             Led […]