July 2018

Change in Definition of Mixed Light Cultivation of Cannabis

On July 13, 2018, the California Department of Food and Agriculture (CDFA) published its proposed regulations in the California Regulatory Notice Register, the first step toward adopting non-emergency regulations. The publication begins the formal rulemaking process and marks the opening of the 45-day public comment period.
An important change in the proposed rules is the definition of mixed light. Under the current emergency regulations, adopted in December of 2017 and readopted June 2018, the definition of mixed light cultivation is:


Another Reason to Pay Your Property Taxes On Time

A claim or defense that is frequently raised in litigation involving easements is that an easement either was created or terminated (“extinguished” is the term most often used by the courts) because a party adversely possessed that easement. Code of Civil Procedure section 325 specifies the requirements for proving adverse possession: a hostile claim of right made continuously for a period of at least five years by substantially enclosing, cultivating, or improving the land, and timely paying all taxes on that land.


The Defendant Went Bankrupt; Now What?

Any plaintiff’s lawyer will tell that you that it is never a good thing when a defendant files for bankruptcy.  The conventional wisdom says the chances of ever recovering anything from the “debtor” (the defendant’s new name in the bankruptcy court) is slim to none.  But there are still arrows in the quiver of the prepared and persistent trial counsel.  For example, although a trucking company may file for bankruptcy protection from its creditors, if there is a policy of liability insurance for the company, one can seek relief from the bankruptcy filing by agreeing to limit the recovery to the