April 2015

Devil's Playground Accident Settlement

Janssen Malloy's Patrik Gregio recently negotiated a $400,000 settlement with the City of Eureka for a client, Kathleen Anderson, who was injured in an accident at Devil's Playground behind the Bayshore Mall in Eureka .  Prior to the settlement the case went to trial on liability, and Ms. Anderson received a jury verdict finding the City to have been 70% negligent and Ms. Anderson 30% negligent.  Ms. Anderson's injuries sustained in the fall resulted in a shoulder replacement surgery and a permanent limitation in the use of her right arm.

Tags: 

Nursing Home Rights at Admission

If you or a loved one is entering a skilled nursing facility (“SNF”) in California for any length of time, you may be asked to sign an arbitration agreement with the SNF. Typically, such agreements are presented at the time of admission or just prior. Arbitration agreements typically are those that waive a SNF resident’s rights under the law—like the right to a jury trial on personal injury claims. But, California law requires that any such arbitration agreement presented to a SNF resident clearly state that signing it is NOT a precondition for admission to the SNF.

Tags: 

Land Use Law - Judge Twice?

With the ongoing drought and the endless debate over responsible development, land use law is a fertile field of confusion, controversy, and contempt. Municipalities, counties, community services districts, and the state each have their own set of rules and regulations, and navigating the myriad laws can be the bane of anyone taking on a development project or petitioning a city or county for a special use permit.

Tags: 

Independent Contractors Get an Uber Lyft

In mid-March, two federal court judges in Northern California determined that juries will decide the question of whether the drivers for the ride services Uber and Lyft have been misclassified by those services as independent contractors. Employee plaintiffs in each case are alleging that they—and a class of similarly situated drivers—should be classified as employees. The two cases are Cotter v. Lyft, No. 13-4065 and O’Connor v. Uber, 13-3826 (U.S. District Court, Northern District of California).

Tags: 

Transferring a Salmon Permit from a Lost Vessel

The California Department of Fish and Wildlife regulates and facilitates the issuance, maintenance, and transfers of California commercial salmon permits. In general, permits can be transferred between vessels in certain circumstances, including upon the loss, theft, or destruction of the permitted vessel. Transfers following one of these events, however, are subject to strict restrictions and time limits.

Tags: