Court of Appeal

11 05, 2018

Brokers: Get it in Writing

2018-05-11T20:13:49-07:00May 11, 2018|

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 [...]

4 05, 2018

Dangerous Conditions of Public Property Law vs. Trail Immunity Law

2018-05-04T22:29:21-07:00May 4, 2018|

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 [...]

23 03, 2018

Failure to File Marriage License Invalidates Marriage?

2018-03-23T17:14:55-07:00March 23, 2018|

In 2016, there were approximately 2,245,404 marriages in the United States and 827,261 divorces. That’s discouraging. A MARRIAGE A marriage in California requires consent of the parties and issuance of a license and solemnization. The Family Code recites:  “To solemnize the marriage, the parties shall [...]

2 03, 2018

Is An “Under Age 30” Discount Price Legal?

2018-03-02T23:15:32-08:00March 2, 2018|

Tinder is a free online dating service. It presents users with photos of potential dates. How superficial is that? The user can swipe right to express approval or swipe left to express disapproval. Good looking or not – I guess. I’d have to use my [...]

27 10, 2017

Shoplifter Banned From All Home Depot Stores

2017-10-27T19:09:46-07:00October 27, 2017|

You’ve heard it before, “Crime doesn’t pay.” Unless you are Al Capone then it paid well. Perhaps that expression best describes bank robbers. I mean, who robs a bank?   SHOPLIFTING FROM HOME DEPOT Jeffrey Michael Moran entered a Home Depot store in San Jose, [...]

16 06, 2017

I Hate Always Being Right

2017-06-16T21:20:48-07:00June 16, 2017|

On Cinco de Mayo, a very important day in history, my birthday, I wrote a Law Review about People v. Gonzalez -- critical of the Court of Appeal’s decision -- concluding “a bit of a stretch…" The Justices of the California Supreme Court apparently read [...]

5 05, 2017

Gang Members Threaten Cops Without Saying A Word

2017-05-05T20:48:36-07:00May 5, 2017|

You’ve probably been asking yourself whether non-verbal conduct may constitute a “statement” under California penal codes.  I’ve been wondering the same thing.  If I went up to Truckee’s esteemed Police Chief Rob Leftwich and did the “slit the throat” hand gesture and pointed my finger [...]

15 12, 2016

Buying a “Certified” Used Car

2016-12-15T19:21:17-08:00December 15, 2016|

Overview: Is there any advantage when buying a used car in California to buy a so-called ‘Certified’ used vehicle? What exactly does that mean?  To find out read this week's Law Review where Jim Porter analyzes a new federal 9th Circuit Court of Appeals decision [...]

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