California’s Business and Professions Code requires that Physician Assistants report only (1) the bringing of an indictment or information that charges the Physician Assistant with a felony and/or (2) the conviction of the Physician Assistant, including any verdict of guilty or plea of no contest, of any felony or misdemeanor. While that should seem simple enough, there is a regulation … Read More
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 … Read More
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 … Read More
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. … Read More
Latest U.S. Supreme Court Decision on Digital Privacy Marks Sea Change
Departing from prior precedent, the U.S. Supreme Court decided Friday that in order for law enforcement to collect a substantial amount of information from a cell phone provider about one of its subscriber’s whereabouts by using cell phone tower location information, the government must first apply for a search warrant. In Carpenter v. United States, No. 16-402, Chief Justice John Roberts, writing … Read More
Responding to Humboldt County Nuisance and Abatement Actions
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