Social Security Benefits vs. Retirement Benefits

If you are divorcing in Humboldt County and have a retirement plan, please remember that federal law bars a “set-off” from your spouse’s interest in Social Security benefits from your spouse’s community property interest in your retirement plan. Pension/retirement benefits are community property under California Law. However, Social Security is deemed separate property under federal law. Since federal law preempts state … Read More

Prescription Against A Public Entity: You Just Can’t Do It.

Janssen Malloy LLP represents clients involved in real property disputes. These disputes generally involve private landholders who are claiming rights in each other’s respective properties. But what happens when the litigant who a prescriptive easement is claimed against is a public entity?  The short answer is it is impossible to claim a prescriptive easement over the lands of a public … Read More

Marijuana Tax on Local Ballots This November

Earlier this week, the Humboldt County Board of Supervisors voted 4-1 in favor of placing a proposed marijuana tax measure on local ballots this November. The measure, if approved, would add ordinances to the Humboldt County Code effectuating a tax on commercial marijuana cultivation operations. The proposed tax due for each cultivation operation depends on the size of the grow … Read More

Loss of Household Services: An Overlooked Element of Damages

When we ask our clients questions about the “loss of household services,” they usually don’t realize that they should be compensated for this element of damages.  In a personal injury action, common items of damage include economic damages, such as medical expenses (past and future), lost wages, and lost earning capacity, and non-economic damages, such as pain and suffering,etc.  But … Read More

End of Life Option Act

Effective June 9, 2016, California’s End of Life Option Act permits participating physicians to prescribe aid-in-dying drugs to their patients.  The law is extensive, requires a number of forms be completed and included in the patient’s medical record, and includes requisite timelines for accomplishing notice to patients and inclusion in the medical records. An excellent discussion and analysis of the Act … Read More

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 … Read More

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 … Read More

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 … Read More

Countdown to a CURES 2.0

If you are a Physician and Surgeon or a Pharmacist in California, you have 17 days in which to apply for registration in CURES 2.0.  As you likely know, CURES is the Controlled Substance Utilization Review and Evaluation System.  It is the prescription drug database of Schedule II, III, and IV controlled substance prescriptions dispensed in California.  California’s Health and Safety … Read More