Category Archives: Legal News

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Open and Obvious Doctrine in Premises Liability Cases

In premises liability law, the existence of a dangerous condition does not automatically establish a duty to warn. A recent California Court of Appeal decision underscores how the open and obvious doctrine operates as a limitation on that duty. Cohen v. Chandra Hospitality (2026). For attorneys handling premises liability claims, the decision provides useful guidance …

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How Courts Evaluate Sworn Reports in DMV License Suspensions

Can a single word in a sworn report be enough to support a license suspension? A recent California decision suggests it can. While the case arose from a DUI arrest and alleged refusal to submit to chemical testing, the broader question centers on what satisfies statutory requirements for “all relevant information.” Garcia v. Gordon (2026). …

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Proximate Cause and Attenuated Injury Claims: Where Liability Ends

A recent Ninth Circuit decision examines the limits of causation in personal injury claims, particularly when an initial incident is followed by a series of intervening events. Although the case involved damage to a passenger’s wheelchair during air travel, the court’s analysis focuses on a broader question: At what point does the connection between a …

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Defining the Limits of Vehicle Impoundment Under the Fourth Amendment

A recent California appellate decision examines a recurring Fourth Amendment question: when does a vehicle impoundment, though authorized by statute, become constitutionally unreasonable? The issue arose in the context of a routine traffic stop that led to an inventory search and subsequent criminal charges. People v. Perez (2026). For attorneys, the case highlights an important …

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Due Process in Administrative Hearings: Focus on Risk of Bias

A recent California appellate decision addresses a recurring issue in administrative law: whether due process is violated when a hearing officer both develops the evidentiary record and rules on objections during the same proceeding. The issue arose in the context of a DMV administrative license suspension hearing, but the principles extend to administrative adjudications more …

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Judicial Discipline Action Highlights Boundaries of Courtroom Conduct

A recent action by the Commission on Judicial Performance (CJP) highlights questions surrounding the boundaries of appropriate judicial conduct and how such issues may affect confidence in the judiciary. Formal proceedings have been initiated against a Los Angeles Superior Court judge based on allegations of misconduct, bias, and failure to perform judicial duties over multiple …

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Court of Appeal Rejects “Idea Theft” Claim Over Unsolicited Media Pitches

A recent California Court of Appeal decision reinforces a fundamental rule in media and contract law: an unsolicited idea, even if later used, does not create a right to payment without mutual agreement. In Greer v. Carlson (2025), the court affirmed dismissal of claims brought by a self-described author and physician who alleged that Tucker …

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Attorney Liens May Be Resolved Against Client and Competing Counsel in One Action

A recent California Court of Appeal decision addresses a recurring procedural issue in contingent-fee litigation: how attorneys enforce competing liens against settlement proceeds. In Jacobs v. Papez (2026), the Third District held that an attorney may pursue a single declaratory relief action against both the client and a competing attorney, without first litigating the lien …

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Ratifying Settlement After Firing Lawyers Still Obligates Client to Pay Contingency Fee

A recent decision from the California Court of Appeal highlights a critical principle in contingency-fee litigation: a client who later ratifies a settlement negotiated without prior authorization may still be obligated to pay the original attorneys their full contractual fee. In Chong v. Mardirossian Akaragian LLP (2025), Division Five of the Second District Court of …

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Court of Appeal Rejects Attorney Fee Award for Lawyer Representing Spouse

A recent California Court of Appeal decision clarifies an issue that occasionally arises in litigation involving attorney spouses: when can a party recover attorney fees if the legal work was performed by their husband or wife? In Honchariw v. PMF CA REIT (2025), the Court of Appeal held that the key question is not whether …