In People v. Clark, Janssen Malloy LLP represented a victim of a sexual assault. Pursuant to statute, victims of Penal Code (PC) section 288 are entitled to recover in criminal courts for pain and suffering as part of restitution. PC section 1202.4(f)(3)(F) provides for the recovery of non-economic losses, including but not limited to psychological harm caused by a violation of … Read More
In Fenimore, The Court of Appeals Limits The Scope of Worsham
In Worsham v. O’Connor Hospital (2014) 226 Cal.App.4th 331, a patient brought an action against a hospital for elder abuse claiming that, as a result of understaffing and undertraining at the hospital, Worsham suffered a fall, breaking her hip. In a case nearly devoid of analysis, the Worsham court held that allegations of inadequate staffing were nothing more than allegations of “professional negligence” and … Read More
Advocating for Victims in a Companion Criminal Case
Often in personal injury and wrongful death cases the District Attorney’s (“DA”) office will be in a position to consider filing criminal charges. In such circumstances the attorney you hire to represent you in the civil case should protect your rights and give voice to your concerns in the associated criminal case. The concept of crime victims having specific rights in … Read More
The County’s Big Cleanup: Retirement, Remediate, and Relocate
Humboldt County’s recently passed Medical Marijuana Land Use Ordinance (MMLUO) includes a provision to encourage growers to come out of the hills and relocate medical marijuana cultivation sites from marginally productive and environmentally sensitive areas to parcels more suitable for agricultural production. Under Section 55.14.4 of the MMLUO, cultivation sites located on parcels zoned TC, FR, TPZ, U, RA, AG or … Read More
BPA Added to California Prop 65 List
Beginning this spring, Californians can expect to be flooded with even more Prop 65 warnings on the goods they purchase, thanks to the addition of bisphenol-A (BPA) to the Proposition 65 list. Proposition 65 (formally known as “The Safe Drinking Water and Toxic Enforcement Act of 1986”) aims to protect California consumers by reducing exposures to chemicals that may cause … Read More
Physician Report Thyself
Occasionally it happens that a physician who has worked incredibly hard throughout his or her life runs into legal trouble. When those troubles includes any criminal element—if for example a physician is charged by information or indictment with a felony or pleads to or is convicted of a misdemeanor or a felony — the physician’s obligation is to self-report to … Read More
Janssen Malloy LLP Sponsors Cannabis Farmer’s Workshop Series
Janssen Malloy LLP is proudly sponsoring the Mad River Alliance and EPIC’s Cannabis Farmer’s Workshop Series. Together with Humboldt Green and California Grower’s Association, the local organizations are bringing to Northern California a series of six Cannabis Farmers Compliance Workshops. The workshops and companion notebook are designed to provide the necessary resources for regional farmers to implement steps to come … Read More
Janssen Malloy LLP Wins Appeal Preserving Right to Trial Over Arbitration
Janssen Malloy LLP obtained a unanimous First District Court of Appeal decision recently in a wrongful death/elder abuse action regarding Timber Ridge Assisted Living LLC (Timber Ridge). Partner Michael Crowley argued the matter before the three justice panel. The Court of Appeal ruled 3-0 that plaintiff Valerie Monschke, as personal representative of her mother’s estate, could proceed to a jury … Read More
Anti-SLAPP Alive and Well in Humboldt County Superior and California Supreme Courts
Imagine you’ve been sued for commenting on a proposed piece of legislation, a political candidate’s qualifications, something that was said or occurred in a prior lawsuit, or a matter of public interest, generally. Each of those topics certainly feels like an area where you should be able to exercise your First Amendment right to speak your mind, but now you have to … Read More
Federal Assistance for North Coast Crab Fishermen
Humboldt County is famous for its Dungeness crab fishery, and crab fishing is vital to its local economy and the many crab fishermen who harvest the tasty crustaceans. Unfortunately, this year’s season was canceled due to health concerns from an unacceptable level of a neurotoxin detected in tests. It was today announced that Federal assistance for affected fisherman may be … Read More