June 2016

Recent California Supreme Court Decision on Insurance Bad Faith a Victory for Insured

Insurance companies are obligated to review and attempt to settle claims in good faith.  Different standards of “good faith” apply depending on whether you paid the premium (such as when you are the defendant in a suit, or when you are making a claim under your automobile policy’s uninsured or underinsured coverage), or another person paid the premium.  When an insurance company breaches that duty, the individual or entity harmed by the bad faith dealing may bring an action for compensatory and often punitive damages against the insurer.
 

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Elder Abuse in Humboldt County

In California, Elder Abuse is both a crime and a civil offense.  Unfortunately, it goes unreported for a variety of reasons--embarrassment of the victim, inability of others to identify the issue, or a victim's desire not to pursue the matter against a family member or loved one.
 
Generally, elder abuse is the physical or financial abuse or neglect or other treatment that results in pain and suffering of a person over the age of 65.
 

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August 23rd Deadline for Commercial Cannabis Activity Registration

The deadline for submitting a Commercial Cannabis Activity Registration has changed and has been the subject of some debate. Janssen Malloy LLP recently met with the Humboldt County Planning Department on behalf of multiple clients and confirmed that the current deadline is August 23rd for those with existing cultivation sites who wish to obtain a permit, which is a prerequisite to eventually obtaining a state license. In an abundance of caution, Janssen Malloy LLP is treating the August 23rd date as the deadline for all registration forms for cannabis cultivation.
 

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Permitting Existing Cultivation Sites Under Humboldt County’s Medical Marijuana Land Use Ordinance

Under Humboldt County’s Medical Marijuana Land Use Ordinance (MMLUO), existing cultivator sites can be permitted. The permit path for existing cultivation sites depends on two things: the size of the existing grow, and the evidence demonstrating the grow was in existence prior to January 1, 2016.

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