Breslin v. Breslin – Court Breaks the First Commandment of Mediation

The first principle of mediation is that parties work to find a resolution on terms that are mutually acceptable. In mediation, nobody orders the parties what to do: the parties control the outcome. This is referred to as the principle of self-determination, and it is embodied in California Rules of Court, rule 3.853, which states …

Personal Injury Lawyer in Westwood CA

What Kinds of Cases are Personal Injury Cases? Personal injury attorneys are hired to protect plaintiffs who have been injured as a result of conduct by others. In particular, a car accident law firm represent employees who have suffered as a result of negligence on the part of their employer. As a result of these …

Pulte Homes Corporation v. Williams Mechanical, Inc. – Dissolution of Corporation Not Possible When Corporation is Suspended by Franchise Tax Board

The recent decision in Pulte Homes Corporation v. Williams Mechanical, Inc. (Aug. 9, 2016) 2 Cal.App.5th 267 was arose from a claim by Pulte for “$69,576 based on Williams’s allegedly negligent performance of a subcontract for the installation of plumbing in two residential construction projects.” The advance sheets contained the entire opinion.  When the decision …

Taylor Anderson LLP v. U.S. Bank – Chargeback of Cashier’s Check Approved by Court

The law of payment systems has interested this writer for many years.  It is an area of law filled with arcane and technical rules, most of which are never encountered in day-to-day transactions, and that’s why is important to have professionals to help you with this, Legal Riordan Lawyer Canberra has proven excellence in legal …

Fresno County Unemployment Rate 2006-2016

This chart shows the unemployment rate in Fresno County (on a monthly basis) from 2006 to 2016.  It is based on the official data compiled by the California Economic Development Department. (click to enlarge) Some points of interest: ● The highest monthly unemployment rate was 18.4% in February 2010. ● The lowest monthly unemployment rate …

Rancho Mirage Country Club v. Hazelbaker – Another Reason Not to Fight Your Homeowners Association

There’s an old saying – “You can’t fight city hall.”  In the case of a homeowners association, the saying should be, “You can’t afford to fight a homeowners association.”  Because the deck is stacked against the homeowner. In the recent case of Rancho Mirage Country Club Homeowners Ass’n v. Thomas B. Hazelbaker (Aug. 8, 2016) …

What is an Account Stated? (A Common Law Cause of Action that Has Outlived its Usefulness)

California still recognizes certain antiquated common law causes of action.  When I say antiquated, I mean that the cause of action has been known at law from longer than 600 years. One of the common law causes of action is the “account stated.”  Here’s an explanation from Karl Llewellyn, the principal draftsman of UCC Article …

Janice H. v. 696 North Robertson, LLC – Premises Liability is Never a Clear Question in California

The recent decision in Janice H. v. 696 North Robertson, LLC (July 14, 2016) ___ Cal.App.4th ___ addressed the always difficult question of premises liability.  More specifically, When is the operator of real property liable for an injury to a guest in a unisex bathroom?  The court’s answer – a resounding, It depends. The facts …

Taylor v. NU Digital Marketing, Inc. – Remedy of Unlawful Detainer Notwithstanding Contract for Sale

The remedy of unlawful detainer is available in three situations under California law, most commonly when a tenant holds over after termination of the lease, or when the tenant continues to occupy the property after breach of the lease. Less commonly, unlawful detainer is available to an owner “against an employee, agent, or licensee whose …

McCulloch v. Maryland (1819) and the Second Bank of the United States

Today, McCulloch v. Maryland (1819) is cited for its interpretation of Congress’ powers under the Constitution.  But the case actually involved the Second Bank of the United States, a contentious period in our history. The first Bank of the United States was established in 1791 by Congress.  It had a 20-year charter.  Hamilton was a …