Entries by Crysta Dwyer

Sampling of New Laws For 2020

Governor Gavin Newsom signed close to 1,200 new laws this year, most to take effect on January 1st. In no particular order, here are a few you may find of interest. AB 5 (INDEPENDENT CONTRACTOR VS. EMPLOYEE) Assembly Bill 5, sometimes called the gig-worker law, is more than that. AB 5 makes it almost impossible […]

ABC Is Not as Easy as 1-2-3 – Which Independent Contractor Classification Test Applies to Whom After AB5?

On September 18, 2019, Governor Gavin Newsom signed California Assembly Bill 5 (AB 5) – codifying the “ABC test” used to classify  California workers as either employees or independent contractors.  The ABC test was first introduced in April 2018 in the California Supreme Court decision Dynamex Operations West, Inc. v. The Superior Court of Los […]

Liability for Assault in Shopping Center?

            Today’s case involves premises liability. When are property owners responsible for incidents that occur on their property including criminal attacks? PARKING LOT ASSAULT             The Freemont Corners Shopping Center in Sunnyvale houses approximately sixteen retail stores, including the Peacock Lounge which as the name suggests is a bar. Tayler Williams is a drummer who […]

Is An Assessor’s Parcel Number Alone A Valid Legal Description?

            There are all sorts of ways to describe real property such as a lot and block, a complete perimeter reference to a subdivision map, metes and bounds (point A to point B to point C to point D) description, as well as using an assessor’s parcel number (“APN”). The preferred way to describe real […]

Trump Foundation Ordered Shutdown; Trump To Pay $2 Million Fine

            The Donald J. Trump Foundation has been court-ordered disbanded and its board of directors, Donald J. Trump, Donald J. Trump, Jr., Ivanka Trump and Eric F. Trump must undergo in-person, interactive board training sessions pertaining to charitable organizations and may not be involved in nonprofit organizations in the future without stringent restrictions and oversight. […]

Federal Court Upholds Robocalling!?!

            One of my pet peeves, right up there with Gerrymandering (which our conservative U.S. Supreme Court loves), is robocalling. Robocallers are the scourge of the earth. You can quote me on that.             I’m very dubious why carriers claim to be unable to stop robocalling scammers spoofing local phone numbers, using every trick in […]

U.S. Supreme Court Allows Fraudulent Gerrymandering to Continue

            In a decision certain to please “Moscow Mitch” McConnell, the conservative wing of the U.S. Supreme Court once again overturned a lower federal court decision and allowed partisan gerrymandering to continue to corrupt U.S. elections. GERRYMANDERING             Gerrymandering is where state legislators admittedly intentionally redraw and rig boundaries in Congressional (and state) districts to […]

There Are Risks When Allowing Others to Drive Your Car

            It is not uncommon for parents to be jointly on title to their kid’s car or to allow their children or others to drive their car. Today’s case looks at some of the risks of doing so. FATHER AND SON CO-OWN TRUCK             John Harris and his father David R. Harris co-owned a Toyota […]

HOA Can Petition Court To Approve An Amendment To CC&Rs Without Showing Voter Apathy

               While voter apathy is quite common in many common interest development associations (often referred to colloquially as homeowners’ associations (HOAs)), one issue that bucks that trend by engendering strong opinions and driving member participation within communities is short-term (transient) rentals.  The proliferation of Airbnb and similar online platforms has led to an increase in […]