Entries by Crysta Dwyer

Resources for Wildfire Victims

The devastation caused by the Camp, Tubbs, Mendocino Complex, Thomas, Carr, Woolsey and Rim wildfires has left communities, families and businesses wondering how to rebuild in the aftermath of the destruction. Just as coastal communities live with the threat of hurricanes and floods, it seems communities in forested areas now sadly live under the constant […]

USA Water Polo Liable for Youth Sports Injury?

We have written several columns on what is called the “Assumption of the Risk” doctrine. Generally, sports and action participants are found to have assumed the risk of injuries inherent in the sport itself. Examples include skiers falling in moguls, a baseball player being hit by a “bean ball,” and flag football players injured during […]

The Stella Awards… Fake News (But Funny)

You’ve probably heard of the Stella Awards named after Stella Liebeck who burned herself with hot coffee from McDonalds and successfully sued McDonalds (the award was later dramatically reduced by the court). If you want to get your blood boiling about lawyers, how bad they are, read these so called “true stories” of the legal […]

Employers Using Independent Contractors Beware: In The Recent Dynamex Decision, The California Supreme Court Significantly Narrowed California’s Independent Contractor Classification

In recent years, the practice of hiring workers as independent contractors has increased significantly. One possible explanation for such trend, as opposed to merely hiring workers as classified employees, is that California employers are not exposed to the threat of liability for meal/rest break, overtime, minimum wage, waiting time penalties and/or principal-agent liability when hiring […]

California Has Two Auto Repair Laws

Most of us have heard of California’s “Lemon Law,” which is actually the Song Beverly Consumer Warranty Act. California’s Lemon Law requires a car dealer to replace the car or refund the consumer’s money if repairs to a specific problem are not successful after a reasonable number of attempts. There is a presumption that if […]

Prevailing Homeowners’ Associations May Not Necessarily Recover Their Attorneys’ Fees and Costs

Introduction As we have previously discussed, California homeowners’ associations (HOAs),[1] must follow the Davis-Stirling Common Interest Development Act (the “Act”).[2]  The Act generally provides that “[i]n an action to enforce the governing documents, the prevailing party shall be awarded attorney’s fees and costs.”[3]  Therefore, HOAs often recover their attorneys’ fees and costs when the HOA […]

One A Day vs. “Take Two Gummies Daily”

Here is an interesting, brand new One A Day vitamin bottle labeling case against Bayer, maker of One A Day vitamins. The claim in this Fourth District Court of Appeal case out of Orange County is that Bayer’s packaging of its “VitaCraves Adult Multivitamin” line of One A Day brand vitamins is unlawfully misleading because […]

Salary History, A Question of the Past

Employers, are you basing how much to pay prospective applicants based on what they made at their last job? If so, you are violating California law. To help close the persistent gender pay gap, the California legislature passed a law, which came into effect on January 1, 2018, prohibiting employers and their agents from directly […]

Local Fossil (Porter) Opines on Fossil Found in Montana

“Once upon a time, in a place now known as Montana, dinosaurs roamed the land. On a fateful day, some 66 million years ago, two such creatures, a 22-foot-long theropod and a 28-foot-long ceratopsian, engaged in mortal combat. While history has not recorded the circumstances surrounding this encounter, the remnants of these Creteceous species, interlocked […]