Posted on September 29, 2010 by Julie Brook, Esq.
As part of CEB’s commitment to bringing together California’s legal community, our blog will post a short interview with one of your fellow attorneys.
This week, we profile Mitch Abbott:
CEB: What is your practice area and how did you choose it?
Mitch: I specialize in handling writs and appeals (mostly in the state courts) on behalf of cities and other public agencies. The cases I handle include election disputes, complaints of non-compliance with the California Environmental Quality Act (CEQA), “takings” claims in the context of local land use regulation, challenges to local taxes, assessments and bonds, and constitutional challenges to city ordinances in a wide variety of settings — from billboards to newsracks, and from juvenile curfews to regulation of adult-oriented businesses. Continue reading
Filed under: Business Law, Civil Litigation, Constitutional Law, Legal Topics, Profiles | Tagged: appeals, constitutional law, litigation | 1 Comment »
Posted on September 28, 2010 by Julie Brook, Esq.
You probably know that you can make an organ donation at death, but did you know that you can make an organ donation while you are still living?
The newly enacted Altruistic Living Donor Registry Act of 2010 (Health & S C §§7152–7152.2) allows people to register to make an organ donation (mainly kidney donation, because a person can live with just one kidney) while they are living.
The Act is intended to increase the number of individuals who identify themselves as potential organ donors and to establish the Altruistic Living Donor Registrar, a nonprofit entity that will establish and maintain the Altruistic Living Donor Registry.
On issues related to organ donation and how to discuss them with your clients, check out CEB’s Complete Plans for Small and Mid-Size Estates (Cal CEB 2006) and California Powers of Attorney and Health Care Directives (Cal CEB 2008).
© The Regents of the University of California, 2010. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.
Filed under: Estate Planning, Legal Topics | Tagged: organ donation, organ donor, registry | Leave a comment »
Posted on September 27, 2010 by Julie Brook, Esq.
Summary judgment is a great way to cut down on the economic and emotional costs of continued litigation. As explained by the California Supreme Court, the law of summary judgment is intended to provide courts with a way to cut through the parties’ pleadings to determine whether, despite their allegations, a trial is actually necessary to resolve their dispute. Aguilar v Atlantic Richfield Co. (2001) 25 C4th 826, 843, 107 CR2d 841.
As with everything else related to litigation, it is best to approach summary judgment with a plan, and what’s a better way to help you organize a plan than using a checklist? Continue reading
Filed under: Civil Litigation, Legal Topics | Tagged: summary judgment | 8 Comments »
Posted on September 24, 2010 by Julie Brook, Esq.
New technology, same law. As reported by Wired.com, the Second District Court of Appeal has held that when one party to a conversation uses an iPhone to secretly record the conversation, it does not violate the Wiretap Act as long as the recording is done for legitimate purposes. This ruling (.pdf) is consistent with those of other circuits, including the Ninth Circuit, that have tackled similar issues. Continue reading
Filed under: Business Law, Civil Litigation, Criminal Law, Legal Topics | Tagged: iPhone, recording, Wiretap Act, wiretapping | 4 Comments »
Posted on September 22, 2010 by Julie Brook, Esq.
The honeymoon with contractual arbitration appears to be over. The advantages of arbitration are disappearing or being outweighed by the disadvantages more and more often, prompting a growing number of attorneys to advise their clients to take their chances in court.
Filed under: Business Law, Civil Litigation, Legal Topics, Practice of Law, Real Property Law | Tagged: advantages, arbitration, contract, disadvantages | 4 Comments »
Posted on September 20, 2010 by Julie Brook, Esq.
In a decision that conflicts with those of at least six other cases from various jurisdictions, the Ninth Circuit, as Law.com puts it, “had no trouble deeming tattoos and the business of tattoo parlors forms of pure expression fully protected by the First Amendment.” Continue reading
Filed under: Constitutional Law, Legal Topics | Tagged: First Amendment, free speech, municipal law, tattoo, tattoo parlor | Leave a comment »