Entries by Crysta Dwyer

Homeowners’ Associations Are Subject To State Laws Other Than Davis-Stirling

Most homeowners’ associations within the State of California are common interest developments governed by the Davis-Stirling Common Interest Development Act (“Davis-Stirling”).  Davis-Stirling is a state law imposing various rules, regulations and requirements on homeowners’ associations, concerning elections, open board meetings, assessment collections, and other matters.  Davis-Stirling is the principal state law governing homeowners’ associations, though […]

Tales From The Blended Family Battleground

Blended families, although increasingly common, still seem (to this author at least) to generate an outsized share of legal problems in the estate planning and administration field.  In the blended family arena a new California case gives us one more deadline to add to our post-death checklist regarding possible creditors and claim periods under California […]

Bank Robber Accidentally Kills Bank Customer

“Accidents happen. Sometimes they happen to individuals committing crimes with loaded guns.” Dean v. United States (2009). That is the lead sentence in today’s case USA v. Van McDuffy. BANK ROBBERY – RENO, NEVADA On October 16, 2013, Van McDuffy entered a Bank of America in Reno, brandished a handgun and demanded money from one […]

AEDs Required in Businesses?

Automatic External Defibrillators (AEDs) save lives and in my humble opinion should be available in all large business stores and in every major place of public assembly. HEART ATTACK IN TARGET STORE Mary Ann Verdugo had a heart attack and died in a Target store in Pico Rivera, California. Even though Target sold AEDs on […]

Jim Porter’s (Humble) Recommendations for June 5th Election

Believe it or not, quite a few of you ask for my voting recommendations for elections, so here we go with Placer and Nevada Counties as well as statewide Propositions. Nevada County will be participating in the brand new California Voter’s Choice Act, so whether you asked for it or not you should have received […]

Brokers: Get it in Writing

Every real estate broker knows that he/she must have a written agreement to be paid a commission. Nevertheless occasionally brokers are too lax or too trusting to dot that “i” and cross that “t” in a written fee agreement with their principal, and should that happen, most of the time the broker loses out. “TRUST […]

Dangerous Conditions of Public Property Law vs. Trail Immunity Law

Today we have a fun case to discuss. It involves two seemingly unrelated laws you should know about. Public agencies are liable if they maintain a dangerous condition on their (public) property, while, on the other hand, public agencies are not liable for injuries caused while the public is using its trails, the Trail Immunity […]

Suit Filed Over Miniseries “Feud: Bette and Joan”

Actress Olivia de Havilland is a 101 year old living legend now residing in Paris. FX Network is the creator and producer of the television miniseries Feud:  Bette and Joan, a docudrama about film stars and close friends Bette Davis and Joan Crawford. 2017 DOCUDRAMA In March 2017, FX began airing the 8-part docudrama portraying […]

Trump University Pays $25M Settlement

TRUMP UNIVERSITY A federal appeals court in San Francisco upheld a $25M settlement to students of the now-defunct Trump University. They claimed they were charged up to $35,000 and promised Trump’s secrets of real estate success, but were not given those secrets and instead got sales pitches to buy more Trump products. Their products included, […]

Caltrans Sued for Dangerous Highway Design

How many times have you been involved in an accident or seen an accident where the design of the roadway or intersection or the condition of the road appears to be a factor causing the crash. Is Caltrans or are other public agencies ever responsible? LOS BANOS CAR CRASH Erik Rodriguez was a passenger in […]