Entries by Crysta Dwyer

Go Ahead and Plant Your Flowers on Your Neighbor’s Property

Overview:  Building part of a garage or home or landscaping or even planting flowers just over the property line on your neighbor’s property is par for the course in the Sierra it seems, our office handles dozens of boundary line encroachment cases.  So it is with interest that this week’s Law Review analyzes Richardson v […]

Lead Ammunition Banned in California

Overview:  This weeks Law Review discusses California’s new law and implementing regulations outlawing lead ammunition in the Golden State, phased over four years with an absolute ban against lead ammunition for hunting taking effect on July 1, 2019, making California the first state in the nation to ban such ammunition. The California Legislature passed a […]

Barry Bonds’ Conviction Overturned

Overview:  After SF Giant Barry Bonds set Major League Baseball’s career record for home runs, 762, and home runs in a year in 2001, 73, the feds tried to convict him of illegal use of steroids, but were only successful in obtaining one felony conviction of obstruction of justice for giving non responsive and rambling […]

‘Do Not Call’ Does Not Work

Overview:  In September, 2003 the Law Review featured a glowing column praising the recently passed federal law creating the Do Not Call Registry, surely it will save us from those annoying telemarketing and robo calls, just add your name to the Do Not Call Registry, and life is grand and free of pesty callers.  Not […]

Megan’s Law — Local Registered Sex Offenders

Overview:  Megan’s Law requires convicted sex offenders to register as such with the State of California, among other requirements, all as imposed by law in 1996.  The Sex Offender Tracking Program of the Department of Justice maintains the sex offender database.  Surprisingly, or so it seems to me, there are seven registered in our area: […]

HOA May Adopt Reasonable Rules and Fees

Overview:  Homeowner associations in California govern most subdivisions, and are granted latitude by the courts, as was reflected in a new Court of Appeal case, Watts v. Oak Shores Community Association where the Court upheld reasonable restrictions and fees imposed to address the growing trend of owners doing short term rentals often through companies like […]

FedEx Drivers — Employees or Independent Contractors?

Overview:  Are FedEx drivers independent contractors or employees, the latter with withholding and vacation and sick leave and overtime?  Does your answer change if you know all FedEx drivers sign contracts confirming their independent contractor status?   Read this weeks Law Review for the answer, the  federal court of appeals decision may surprise you. We’re in […]

Uber and Lyft Ride-Hailing Companies Challenged

Overview: The popular ride-hailing companies Uber and Lyft have been sued in two separate cases by drivers and former drivers claiming they are true employees, not independent contractors, thus entitled to overtime, withholding, reimbursement for costs and worker’s comp.  Two separate federal judges ruled there was enough ambiguity that the question should be presented to […]

Ambulance Declines to Transport Stroke Patient to Hospital

Overview:  In Harb v City of Bakersfield, the Court of Appeal dealt with a case of first impression,  which can’t be summarized in a few sentences, but here goes.  Doctor suffers stroke, first responders mis-diagnose, ambulance comes and leaves without transporting the doctor to the hospital, his condition, extremely severe, worsens, he is confined to […]