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The type of conservatorship required by an individual in California depends on their individual needs, age, disability, and wh...


Lines drawn in digital ink: Trotter v. Van Dyck upholds traditional formalities in the face of modern technology.


Probate

Probate appeals: litigants beware!

Nov. 13, 2024
By James A. Bush

Probate appeals involve unique complexities, including different rules for appealable orders and the probate court's authority...


Probate

Intestate succession: beyond first cousins

Nov. 13, 2024
By Kathleen A. Hunt

Many Americans lack a Will, assuming their assets automatically go to their children or closest relatives. However, California...


Two recent cases in the Court of Appeal examined the limitations on the potential class of plaintiffs to whom the drafting att...


Probate, Ethics/Professional Responsibility

Even with California for the moment bucking the trend, trusts and estates practitioners are justifiably worried about the impa...


Probate

In California, surviving trustors often mistakenly attempt to amend irrevocable sub-trusts, which can lead to significant lega...


The Estate of Williams case highlights the challenges unknown omitted children face in California, as they must prove t...


Probate

Imagine cutting through months of court delays and overwhelming paperwork with a few smart fixes to California's probate syste...


Civil Procedure

Can you sell real property to satisfy a judgment? ...It's complicated

Nov. 13, 2024
By Ira M. Friedman, David Friedman

Collecting a judgment can be difficult, as it requires turning a legal ruling into actual payment. The Enforcement of Judgment...


Courts should not attribute the combative nature of litigation to a chronic mental disease requiring lawyers to be mentally ev...


Criminal, Civil Litigation

California's court reporters, essential fixtures in our courtrooms since 1872, now find themselves criticized for high fees, s...


Constitutional Law

Fighting back

Nov. 12, 2024
By Erwin Chemerinsky

California filed 123 lawsuits against the federal government during Trump's first presidency and is preparing for more under G...


Civil Litigation

Alternative litigation funding, where third parties finance lawsuits for interest or a share of potential recovery, is growing...


The case of GRFCO, Inc. v. Superior Court highlights the importance of compliance with the apprenticeship requirements ...


Year in Review Column, Cannabis

The cannabis laws of the 2024 state legislative session

Nov. 12, 2024
By Shay Aaron Gilmore

The 2024 California legislative session introduced significant changes to cannabis and hemp laws, including research facilitat...


Labor/Employment

California's $20 wage hike and the future of fast food

Nov. 11, 2024
By Richard G. Reinis

California's landmark $20 minimum wage for fast food workers is reshaping the industry, but questions about its long-term impa...


Litigation finance is a legitimate way for lawyers and plaintiffs to receive nonrecourse cash, but it's important to consider ...


Judges and Judiciary, Civil Procedure

AB 2049 is the first structural change to California's summary judgment law since the early 2000s, with the statute originally...


Law Practice

A life within the rule of law

Nov. 11, 2024
By Thomas J. Umberg


Judges and Judiciary

The need for experiential diversity on the bench

Nov. 11, 2024
By Stephen T. Morgan


Corporate, Administrative/Regulatory

Decisions by the FTC and California may open new avenues for challenging any advertising claims, with potentially multi-millio...


Intellectual Property

The case of Haas Automation, Inc. v. Guenther Steiner and Ten Speed Press highlights the balance between trademark law and cre...


Expert Advice

You cannot pass! The court's role as a gatekeeper

Nov. 8, 2024
By Scott M. Gordon

The gatekeeper role, found across mythologies worldwide, is akin to the task trial courts face when screening expert testimo...


Ethics/Professional Responsibility

Attorneys have much to be thankful for

Nov. 8, 2024
By Shari L. Klevens, Alanna G. Clair

There are many reasons attorneys can be grateful during the holiday season, including improvements in legal malpractice manage...


On Veterans Day, we honor Tony Bennett, a beloved music icon and World War II veteran who faced the harsh realities of combat ...


Health Care & Hospital Law, Government

Governor nixes bill on private equity in California healthcare

Nov. 7, 2024
By John Goheen, Joe Harrington

California Gov. Newsom vetoes AB 3129, stopping new restrictions on private equity and hedge fund-backed healthcare deals but ...


Ethics/Professional Responsibility

The ethics of pursuing mental health care

Nov. 7, 2024
By Timothy L. Fall

Legal professionals have an ethical duty to seek appropriate mental health care to ensure they can perform their roles effecti...


Nathan Hochman ran a disciplined campaign, leveraging Gascon's unpopularity and securing significant fundraising and endorseme...


Tax, Government, Entertainment & Sports

The recent film tax credits won't save Hollywood

Nov. 6, 2024
By Laura LaBrecque

California's latest film and television tax credit proposal aims to boost production, but can it compete with other states and...