Humboldt County Code Enforcement Unit is currently sending notices of violation and proposed administrative civil penalty notices to landowners based upon satellite imaging. The notices order the recipients to correct or otherwise remedy the violation within 10 calendar days or risk fines of $10,000 per day. If you receive one of these notices please immediately contact an attorney to preserve … Read More
Petitions for a Certificate of Rehabilitation & Governor’s Pardons
We are sometimes asked what can be done to clean up a person’s Record of Arrests and Prosecutions, more commonly called a criminal record or RAP sheet. The answer, as it often is with legal questions is: It depends. In the vast majority of cases, once convicted, a criminal defendant is placed on probation. Upon successful completion of probation, that … Read More
Wrongful Death Actions: Who Is The Plaintiff?
In California, a wrongful death action (a lawsuit claiming damages against a defendant for wrongfully causing the death of a human being) is strictly a creation of statute (California Code of Civil Procedure [“CCP”] section 377.60). California’s wrongful death statute creates a cause of action for certain designated survivors of the decedent and permits them to recover for their own … Read More
998 Offers: Tricky Business
Janssen Malloy LLP attorney and partner Michael J. Crowley previously wrote about a particular litigation tool, the California Code of Civil Procedure section 998 offer to compromise, linked to here. A recent decision by the California Second District Court of Appeal underscored why parties in litigation should seek the advice of experienced counsel when such an offer has been made in … Read More
North Coast Salmon Season Dates Proposed
Earlier this week, the Pacific Fishery Management Council (“PFMC”) adopted recreational and commercial ocean salmon season recommendations for the West Coast, including the North Coast of California. The proposed recreational salmon season on the north coast, from the Oregon/California border south to Horse Mountain, runs from June 1 through Labor Day, September 3, 2018. The proposed commercial season is more … Read More
Adult Use or Medical? How About Both.
This last week saw the issuance of a number of interim permits that now allow local cultivators to apply for an interim cultivation licenses through the California Department of Food and Agriculture. As part of the interim license permit, the application requests that you choose which market you would like to serve, either adult use or medical. While the decision to … Read More
Don’t Neglect your Estate Planning
Discussions around estate planning often begin with taxes and how to avoid paying estate. In reality, only a small percentage of estates are subject to federal estate taxes. The new federal tax law enacted by congress earlier this year greatly reduced the number of estates subject to such taxes by essentially doubling the amount of money that is automatically exempt … Read More
Address Yourself!
Just a friendly lawyerly reminder to update your address of record with the Medical Board of California, the Osteopathic Medical Board of California, or the Board of Registered Nursing. Most licensing agencies require that licensees register an address where they can be reliably contacted for professional purposes. The agencies will use the address you provide when they send relevant licensing … Read More
Pedestrians at Risk: Humboldt’s Road Problem
Humboldt County not only has the dubious distinction of having one of the highest auto collisions rates in California, but also leads the way in pedestrian/vehicle collisions, which often lead to serious personal injuries or death to the pedestrians. The Eureka Times-Standard (“Times-Standard”) reported in 2017 that between 2009 and 2014, Eureka ranked among the top three spots for pedestrian … Read More
Successful Trial Results in Mendocino County Easement Case
Toward the end of 2017 Janssen Malloy LLP attorney David Nims represented a longtime client of the firm in Mendocino County Superior Court in a civil case. Recently, Judge Jeanine Nadel issued the decision of the court in favor of the client, the owner of a significant amount of timberland in Humboldt and Mendocino Counties. The case was brought by a … Read More