This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

    Filter by date
     to 
    Search by Author
    Search by Category
    Search by Headline


Appellate Practice, Family, Law Practice

Community property: a brief history

May 9, 2022
By Scott J. Nord

In a famous letter written by Abigail Adams to her husband, John Adams, she wrote, “I long to hear that you have declared an i...


Constitutional Law, Government

“This approach allows governments to exploit public expectations to mask censorship.” - Justice Samuel Alito


Appellate Practice, Law Practice

It is well accepted that defense costs for malpractice claims are among the most expensive type of litigation, largely due to ...


Letters


Civil Litigation, Labor/Employment, Torts/Personal Injury

When a public health emergency, such as the COVID pandemic, increases the risk to employees, companies should be held to an ev...


Appellate Practice, Law Practice

Ignorance isn’t bliss, but it will relate back

May 6, 2022
By Stephen M. Rinka

The Appellate Court stated that the “[t]est is whether, at the time the complaint was filed, the plaintiff “was ignorant of th...


Appellate Practice, Law Practice

Confidentiality is no longer a permissible term in the settlement of cases arising out of sexual harassment. Yet, in many inst...


Appellate Practice, Government, Law Practice

The bad news is that word appears to be getting out slowly. Anecdotal evidence points to apartment dwellers receiving food was...


Entertainment & Sports

Stream it Tonight! Witness for the Prosecution (1957)

May 6, 2022
By Michael Asimow, Paul Bergman

Once more, we’re reminded that on cross examination you shouldn’t ask questions if you don’t know the answers.


Military Law

Stephen K. Tamura and his family were also interned in Poston, Arizona. Captain Tamura served in the 442nd. He was wounded in ...


There are a few exceptions, but in general, you should assume that money sent to a lawyer or law firm will trigger a Form 1099.


Bankruptcy, Real Estate/Development

With fair market values climbing almost daily, no bankruptcy attorney could absolutely guarantee that there would not be unpro...


Appellate Practice, Law Practice

A closer perspective on juvenile dependency

May 4, 2022
By Michael C. Kelley

It can be a very rewarding long term vocation – or a first step in a diversified and gratifying career. It is also worth notin...


Civil Litigation, Health Care & Hospital Law, Torts/Personal Injury

AB 35: Too little, too late

May 4, 2022
By Allen P. Wilkinson

AB 35 appears to be an attempt to mollify plaintiffs’ attorneys and victims’ advocates by giving them one small piece of the pie.


Appellate Practice, Ethics/Professional Responsibility, Law Practice

California courts sanction attorney misconduct

May 4, 2022
By Jeffrey P. Blum

In a stinging opinion, the Court of Appeals noted that letting the Court know you believe it is wrong, even forcefully, is acc...


Contracts, Land Use, Real Estate/Development

Job order contracting and public works projects

May 4, 2022
By Garret D. Murai

JOC contracting is a project delivery method used on public works projects and has been authorized to be used by California K-...


Appellate Practice, Law Practice

Happy 50th Anniversary, CAAL

May 3, 2022
By Benjamin G. Shatz

Concurrent with the 1971 State Bar Convention, the group hosted a cocktail party and was able to corral a number of sitting ju...


Corporate, Labor/Employment

California Board of Directors Diversity Law violates equal protection

May 3, 2022
By Leigh A. White, Ryan P. Snyder

In its ruling, the court recognized that while having a heterogenous board may be a valid goal, the Equal Protection Clause pr...


Judges and Judiciary

It is believed that one veteran judge was defeated because she listed herself on the ballot as an “incumbent” and voters may n...


Letters


Criminal, Law Practice

School Refusal Is Not Truancy

May 3, 2022
By Mary-Kate Kelledy, Adam Wasserman

Although multiple calls were made to the district to ask for help, nothing was done. Days, weeks, and months eventually passed...


Torts/Personal Injury, U.S. Supreme Court

The Cassirer case will be remanded to the lower court, which will decide the heirs’ claims based on the property laws of Calif...


Tax

Dear IRS, sorry, I don’t have receipts

May 2, 2022
By Robert W. Wood

Tax lawyers look to George M. Cohan for a different kind of legacy – an “I’ll take you to court” audacity that is as American ...


Government, Legal Education

We have developed a process in our legal system which is designed to find the truth through the painstaking, often tedious and...


Appellate Practice, Judges and Judiciary, Law Practice

Believe the Presiding Justice’s speech at your peril. It might be so, and it probably is so. But I’ve seen and participated in...


Ethics/Professional Responsibility, U.S. Supreme Court

We should be embarrassed that the institution as a whole isn’t doing enough to maintain the public’s trust – at a time the Cou...


Appellate Practice, Law Practice

I’m just asking or the fear of offense

May 2, 2022
By Arthur Gilbert

Sensitivity to the legitimate feelings and sensibilities of others is a necessity and a moral obligation as we become aware of...


Letters

State Bar responds to audit approach criticism

May 2, 2022
By George Cardona, Leah Wilson


California Courts of Appeal, Torts/Personal Injury

The Court found there was no reason based on any special foreseeability concerns to depart from the usual duty to exercise rea...


Constitutional Law, Contracts, Government

Florida flirts with fascism

Apr. 29, 2022
By Eric B. Kingsley

The marketplace of ideas is supposed to flourish and the antidote to speech you disagree with is more speech to counter it. Li...