Persons inadmissible because they were convicted of (or admit to) engaging in prostitution (See INA §212(a)(2)(D)(i) can use the less burdensome standard for a INA § 212(h) waiver. Technically, the applicant for a waiver only needs to show her admission is not contrary to the national welfare and has been rehabilitated. (INA §212(h)(2)) “Hardship to
Penal Code §496(c) Can be applied in civil “business tort” case for theft. SIRY INVESTMENT, L.P. v. FARKHONDEHPOUR
In SIRY INVESTMENT, L.P. v. FARKHONDEHPOUR, the Supreme Court resolved a conflict in lower courts by ruling that treble damages and attorney’s fees pursuant to section 496(c) are recoverable in theft-related business tort cases. The Court found it applies so treble damages and attorney’s fees can be awarded in a case concerning “fraudulent diversion of
Copyright “Fair Use Doctrine” — Explained Plain and Simple MCGUCKEN V. PUB OCEAN LTD. D.C. No. 2:20-cv-01923
Lawyers tend to overlook the simple truth about the four elements “fair use doctrine” under 17 U.S.C. § 107 stretching arguments far beyond common sense. A recent case clearly sets out the commonsense aspect of “fair use”. In MCGUCKEN V. PUB OCEAN LTD. plaintiff’s slightly cropped photographs of a lake were posted without seeking or
Arbitration Clauses May Not Be Enforceable Against Poor Plaintiffs! See Aronow v. Superior Court (Emergent)
A trial court that granted a defendant’s petition to compel arbitration has jurisdiction to lift the stay of trial court proceedings where a plaintiff demonstrates financial inability to pay the anticipated arbitration costs; in such a situation, the court may require the defendant either to pay the plaintiff’s share of arbitration costs or to
School Bullying and Parent Liability
The law provides in part that a minor’s “willful misconduct” causing injury or death to another, or damage to the property of another, “shall be imputed to the parent or guardian having custody and control of the minor” for civil liability purposes. (Civil Code §1714.1, et seq. as well as under the Education Code §
Property Managers are not paid for “on call” or “standby” time
Brewer v. Patel (1993) 20 Cal.App.4th 1017 made it clear that “on call” or “stand-by” time or waiting time is not compensable to property managers when they are waiting for a plumber or prospective renter to show up. Brewer v. Patel concerned a motel employee who was required to live on the premises, but only
AB832 New July – September 2021 Statewide Covid Related Rent Laws (As of June 25, 2021)
The California state legislature has passed, and the governor signed, AB832. Here is the text of AB832
See also Governor Newsom AB832
The highlights are:
- Extension of Moratorium. Senate Bill 91, the statewide eviction moratorium and rental assistance bill, is to be extended though and including September 30, 2021, and then no further extensions.
Is it unethical for attorney’s to use unenforceable (e.g. illegal) contracts? Yes! See Rule 1.2.1
Crossing the line and too much information! Effective Nov. 1, 2018 Cal. Rule of Professional Conduct 1.2.1.
The issue is if a lawyer knowingly choses a form, that is outdated, because he likes that it contains a clause beneficial to the client, but that clause has been made unenforceable (i.e. illegal) due to a statute
Non-Tenants Do Not have Fair Housing Rights! See Salisbury v. City of Santa Monica, No. 20-55039 (2021) “no parking for you”
Conformed pages Complaint 
Finally, common sense prevails in Santa Monica “related to housing laws”! In the Federal (9th Circuit) case of Salisbury v. City of Santa Monica (2021) What is even more entertaining, is the video argument. Check it out: Salisbury Video of Oral Argument Judge Bea is so cool and old school, really knows
Title Insurance Lost Through Transfer of title among owners — Kwok v. Transnation Title Ins. Co. (2009) 170 Cal.App.4th 1562
Partners, and spouses, can lose title insurance if they transfer title out of their names or the entity in which they took title without first obtaining the proper title insurance Endorsement. The most common endorsement is called a Residence Held in Trust Endorsement (HO 05 43) If the transferor signs a grant deed, he is