Entries by Crysta Dwyer

Liability for Letting Someone Drive Your Car

            If you let someone drive your car, would you potentially be liable should they get into an accident and cause injuries? The answer is: yes. AUTO V. PEDESTRIAN             Blake McKenna was a pedestrian lawfully crossing the street in the San Diego area when he was struck by a car driven by Ann Rogers. […]

Mission Beach, San Diego Surfing Incident Results in Lawsuit

            Our case today involves a surfer at Mission Beach who claimed that a City of San Diego lifeguard operating a personal watercraft, both inside the surf line, caused him to fall and hit his head on the beach. Sadly, the surfer broke his neck, lives with a feeding tube and uses a wheelchair fulltime. […]

Itemize Employee Wage Statements Properly Or Pay Penalties

            Let’s jump right into the law. Labor Code section 226 requires an employer to furnish to its employee “an accurate itemized statement in writing” showing, among other things, “all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee….” Exactly what […]

Trader Joe’s Sued Over Sale of New Zealand Manuka Honey

Here is the lead paragraph in the Ninth Circuit Court of Appeals case, which I appreciate for succinctness and humor:             “The parties find themselves in a sticky situation. Trader Joe’s Company (Trader Joe’s) markets its store brand Manuka Honey as “100% New Zealand Manuka Honey” or “New Zealand Manuka Honey,” but Plaintiffs on behalf […]

Huge Judgement Against Johnson & Johnson For Its Baby Powder

            As I prepare this column, I’m holding a 4 oz container from our medicine cabinet of “Johnson & Johnson’s Baby Powder . . . Clinically Proven Mildness . . . The Number One Choice of Hospitals. Ingredients: talc, fragrance.” I just sprinkled a little on my hand – it smells lovely, just like I […]

Teen Killed At Railroad Crossing Sues Union Pacific

            This is a sad case. It involves a sixteen-year-old girl who was struck and killed by a freight train on an at-grade railroad crossing in Santa Clarita. SOLEDAD CANYON RAILROAD CROSSING             Kimberly Jimenez-Soto routinely walked along an unpaved path (wearing earphones which we learned from the Opinion) near Soledad Canyon to Santa Clarita […]

California Coastal Commission Fines Malibu Beach Front Owner $4,185,000

            The California Coastal Commission enforces the California Coastal Act which gives the public rights to access the coast.             Tidelands – lands between the high tide and low tide – are held by the state in trust for the general public to use. As such, the Coastal Commission often exacts public access easements over […]

Conservation Easement To Protect Land – The Proverbial Win-Win

            “A conservation easement is a voluntary agreement between a landowner and a land trust or governmental agency that permanently limits land uses to protect the property’s natural, scenic, historical, agricultural, forested, or open-space condition.” (Civil Code section 815.1-3). That is the opening paragraph in today’s case: Sonoma Land Trust v. Peter Thompson. CONSERVATION EASEMENTS […]

Insurance Claim On California Fair Plan Policy

            Many of us have had our homeowner’s insurance canceled as a result of the threat of wildfires. My policy was canceled a couple of years ago even though we are in a Firewise subdivision. The thousands of dollars I spent on defensible space meant nothing to the company. As such, like many of you, […]