Entries by Crysta Dwyer

Releasing Earnest Money Deposits as Liquidated Damages and California’s Real Estate Response to COVID-19

Real estate in California has seen a consistent theme: a dearth of closings for pending transactions. Parties commonly utilize a Residential Purchase Agreement (C.A.R. Form RPA-CA) (“C.A.R. Form”), provided by the California Association of Realtors (“C.A.R.”), to make offers, counteroffers, and accept the negotiated purchase and sale of real estate. Immediately after the impacts of […]

MAIL-IN (ABSENTEE) BALLOTS HOTLY CONTESTED

            “There is NO WAY (ZERO!) that Mail-In Ballots will be anything less than substantially fraudulent. Mailboxes will be robbed, ballots will be forged and even illegally printed out and fraudulently signed.”             That, my friends, was your President, lying or providing misinformation again for the 16,000+ time according to The Washington Post.             In […]

WHERE DO “SURPLUS PROCEEDS” FROM A FORECLOSURE SALE GO?

            It is likely in these troubled times that we will have a resurgence of foreclosures and bankruptcies as folks struggle without jobs and are unable to fully open their businesses. We will soon put out a column on when and how to file for bankruptcy. Today’s column is on foreclosures which I counseled hundreds […]

SKECHERS VIOLATES ADIDAS’S TRADEMARKS

            Making shoes can be a profitable business. Just ask world-famous shoe manufacturer Adidas and Skechers, the second largest shoe producer in the United States. Since 1995, Adidas and Skechers have signed several settlement agreements resulting from lawsuits filed by Adidas for alleged trademark infringement. Adidas sued yet again, and the U.S. District Court for […]

“MOSCOW MITCH” McCONNELL’S PARTISANSHIP INTERFERES WITH JUDICIAL PROCESS

            “Moscow Mitch” McConnell, Majority Leader of the U.S. Senate, vowed when President Obama was first elected in 2008 that he would never allow an Obama-proposed bill to make it through his chamber, and he renewed that vow when Obama was reelected in 2012. So much for putting the Country’s interests first.             Moscow Mitch, […]

EMPLOYERS MUST PAY FOR EMPLOYEE’S CALL-IN SHIFT TIME

            Do you know what a “Call-In” shift is? That’s were an employee is required to call-in just before his or her shift begins to see if they are required to report for work. If the employee is told to come to work, they do, if not, they don’t.             The question in today’s case […]

EVICTIONS DELAYED DUE TO COVID-19

            The coronavirus and Governor Gavin’s executive orders, including his stay-home restrictions have affected us all. In the past five weeks, 2.3 million people have applied for unemployment in California and 26.5 million in the Country, setting dubious new records.             Hundreds of thousands of Californians have been laid off or forced to stay home […]

HURRAY! LENDER LIABLE FOR MISHANDLING LOAN MODIFICATION APPLICATION

            You loyal readers have seen the Law Review rant on several occasions against large institutional lenders who abused their borrowers following the 2008 financial crisis, while those borrowers did their very best to try and process loan modification applications.             These same giants of the industry, who shall go unnamed, but think:  Wells Fargo, […]

MORE COURTROOM BLOOPERS

            And just in case you thought the fun was over as you sit at home bored, more courtroom below and ahead. ************             “You seem to have more than the average share of intelligence for a man of your background,” sneered the lawyer at a witness on the stand.             “If I wasn’t under […]

YOUR FAVORITE – COURTROOM BLOOPERS

            Given our strange new (homebound) world, perhaps you could use a little humor, ridiculous, verbatim courtroom testimony – a reprint of an old column. More to follow. *** Q.        Now, doctor, isn’t it true that when a person dies in his sleep, in most cases he just passes quietly away and doesn’t know anything […]