Posts filtered by tags: California[x]


Collection and Enforcement: Refund on Pera Account

My question involves a child custody case from the State of: California, just recently terminated from City after 3+ years. I elected to close my PARA and my refund will be around 8+ thousand, I owe around 9+ thousand in arrears, but I have not missed a payment since the finalizing of the divorce in June of 2003, daughter born April 2002, the 9k is when she elected to include arrears + interest on the balance. Will I be able to receive this refund without interruption?
Tags: Law, California, City, Child Custody, Support And Visitation

Lawmakers are pushing gadget manufacturers with the Right to Repair movement

The amount of electronics that we are throwing away each year is growing at an exponential rate, and this toxic trash is hazardous to both people and the planet. What are we supposed to do when our smartphones or other gadgets stop working? According to lawmakers in the United States and Europe, there is one option that should be available instead of getting rid of them— fixing them. Lawmakers in at least 18 states— and the European Parliament— believe that manufacturers should make it a priori...
Tags: Apple, Gadgets, Europe, Design, News, Microsoft, Electronics, Law, California, Virginia, Tech, Legislation, Smartphones, Earth, United States, Carbon Emissions

41 California Privacy Experts Urge Major Changes to the California Consumer Privacy Act

41 California privacy lawyers, professionals, and professors are urging the California legislature to make major changes to the California Consumer Privacy Act (CCPA), which the legislature hastily passed in 2018. The letter highlights six significant problems with the CCPA, including: The CCPA affects many businesses who never had a chance to explain the law’s problems to the legislature; The CCPA imposes excessive costs on small businesses; The CCPA requires businesses to waste money ...
Tags: Law, California, US, E-commerce, Clara, Gdpr, Privacy/security, Heather, Eric, Eric Goldman, CCPA, California Everyone, CIPP, Randy Wilson, Marie Waldron, California Privacy Experts Urge Major Changes

"Kamala Harris Was Not a ‘Progressive Prosecutor’/The senator was often on the wrong side of history when she served as California’s attorney general."

Writes lawprof Lara Bazelon in a NYT op-ed.Time after time, when progressives urged her to embrace criminal justice reforms as a district attorney and then the state’s attorney general, Ms. Harris opposed them or stayed silent. Most troubling, Ms. Harris fought tooth and nail to uphold wrongful convictions that had been secured through official misconduct that included evidence tampering, false testimony and the suppression of crucial information by prosecutors....In “The Truths We Hold,” Ms. Ha...
Tags: Law, California, America, Kamala Harris, Trump, Democratic Party, HARRIS, Kamala, Ann Althouse, Prosecutorial Ethics, Lara Bazelon, Trump 2020, 2020 Campaign, NYT pushes Kamala

Likelihood of Confusion for Two Businesses In Operation for 40 Years

In re Guild Mortgage Company (Fed. Cir. 2019) Guild Mortgage’s above-pictured mark was refused registration was refused based upon a Trademark Trial & Appeal Board (TTAB) conclusion of a likelihood of confusion with the registered mark “GUILD INVESTMENT MANAGEMENT.” On appeal, the Federal Circuit has vacated that decision — holding that the TTAB “failed to consider relevant argument and evidence directed to DuPont factor 8.” Under Lanham Act § 2(d), the USPTO refuses to register marks that are ...
Tags: Law, California, United States, DuPont, Patent, Southern California, Fed, Board, Guild, The Board, Federal Circuit, Pittsburg Kansas, Ttab, Guild Mortgage Company Fed, Stone Lion Capital Partners LP, Lion Capital LLP

The Startling Sexual Harassment Allegations Against A California Judge –See Also

These Allegations Are Something Else: The judge is accused of 20 years of sexual harassment. UCLA Law Dean Weighs In On California Bar Exam: Welcome Jennifer Mnookin to the pages of ATL. Tragic News: Former Sullivan & Cromwell chairman dies in a house fire. What's Wrong With Tech Shows? Let's discuss. Just What Your Collection Needs: A Mueller action figure.
Tags: Law, California, Ucla, Mueller, Sullivan Cromwell, Jennifer Mnookin, See Also

Junior high school students caught forming swastika with their bodies

California youths traded racist and violent messages in county called ‘hotbed for white supremacists’A group of California junior high students were caught forming a swastika with their bodies on school grounds and exchanging racist and violent messages on a group chat, administrators said.The scandal at Matilija junior high school, which culminated in an emotional meeting with parents and school officials Monday night, has sparked intense debate in a region that has experienced a sharp increase...
Tags: Education, Children, California, Race, Society, US news, US education, Matilija

The Time Is Now For California To Lower Its Bar Exam Pass Score

The evidence is clear: California needs to align with the national standard.
Tags: Law, California, Law Schools, UCLA School of Law, Law School Deans, Bar Exam, Jennifer Mnookin, Cut Scores, California Cut Score

Tuesday round-up

This morning the justices will hear oral argument in two cases. The first is Home Depot U.S.A. Inc. v. Jackson, which involves the ability of a third-party class-action defendant to remove a counterclaim from state court to federal court. Ronald Mann previewed the case for this blog. Basem Besada and Isaac Idicula have a preview for Cornell Law School’s Legal Information Institute, and Subscript Law provides a graphic explainer. [Disclosure: Goldstein & Russell, P.C., whose attorneys contribute ...
Tags: Supreme Court, Law, California, Washington Post, Tennessee, Jackson, Securities And Exchange Commission, Round-up, Whitaker, Robert Barnes, Blair, Michaels, Howe, Carpenter, Department of Health and Human Services, Henry Schein Inc

Trump Signals Support For Renewed Assault Weapons Ban

UPDATE: My oldest son points out that this is from a year ago.  I asked him if that is important?  He says, “The Art of War” is necessary for understanding Trump.  It’s difficult to understand whether he’s serious or simply tactically owning or feigning positions.  My response: Then why the red flag laws and bump stock ban? Via Uncle, this isn’t the Onion.  It’s real. President Donald Trump raised the issue, unprompted, during a roughly hour-long televised meeting with Feinstein and other member...
Tags: Congress, California, White House, West Virginia, Military, Pennsylvania, Bill Clinton, Arizona, Gun Control, Donald Trump, Trump, Nra, Amy, Feinstein, National Rifle Association, Manchin

Hundreds More Active-Duty Troops May Be Sent To U.S.-Mexico Border

Military Times: U.S. officials say the Pentagon is finalizing plans that would send hundreds of additional active-duty troops to the U.S.-Mexico border for several more months to support the Department of Homeland Security. The troops would install another 160 miles of concertina wire in Arizona and California. Details are being worked out, but the plan likely would extend the military’s border mission though the end of September. The mission is separate from President Donald Trump’s...
Tags: Navy, California, Mexico, Department Of Defense, Military, Arizona, Army, Marine Corps, Pentagon, Donald Trump, Department Of Homeland Security, Lawfare, Mexico Border, Congress the senate, FBI BLM ATF

California Supreme Court exercises its curious, rarely-used power to reject 10 of out-going Gov's clemencies

I have often said California is a crazy and crazy-interesting state for sentencing developments, and this story about recent clemency developments showcases this reality.  The story is headlined "‘It was like a ton of bricks crushed me’: California grapples with historic clemency rejections," and here are some of the particulars: Joe Hernandez found out that the California Supreme Court had rejected his commutation request late last month during a phone call with his wife, when she checked the ...
Tags: Justice, Supreme Court, Law, California, California Supreme Court, Gavin Newsom, Brown, Hernandez, Santa Clara County, Rosen, Newsom, Jeff Rosen, Joe Hernandez, Douglas A Berman, David Ettinger, Kate Chatfield

Driving Records: Will Expungement Remove Points from Your Driving Record

After a ticket in California, I got a letter from the DMV saying I committed a major offense and now have two points on my license. If the case gets expunged, will the points go off my record or will they stay there for 10 years or whatever?
Tags: Law, California, DMV, Driver's Licenses

Repossession: Can a Car Dealer Report a Car Stolen if the Down Payment Check Bounced

My question involves a consumer law issue in the State of: CA In California we purchased a vehicle from a major dealer with $5K down in a personal check. The check bounced. The car was still financed. We received the welcome package from the financing company and as far as they are concerned everything is ok. At the same time we received a letter from the dealer stating that they will repossess the vehicle. But they did not repossess it until now. We drove the car home 2 months ago. We received...
Tags: Law, California, DMV, Cars and Dealerships

Twitter’s TOS Upheld Despite Unilateral Amendment Clause—Brittain v. Twitter

This is one of the many Trump-associated lawsuits (#MALGA) by so-called conservatives against Internet companies for allegedly squelching their voices. In this case, Craig Brittain, an erstwhile political candidate, had several campaign-related Twitter accounts suspended (including @CraigRBrittain, @AuditTheMedia, @SenatorBrittain, and @Brittain4Senate), allegedly costing him 500,000 followers. He sued for “$1 billion in damages, a declaration that Twitter interfered in the 2018 federal election...
Tags: Twitter, Law, California, San Francisco, Arizona, Brittain, Trump, Twitter Inc, Craig Brittain, Licensing/Contracts, Zappos Brittain

California: Lease Says I Loose Security Deposit if I Break Lease for Any Reason

My question involves landlord-tenant law in the State of: California SF Bay Area I just noticed that my lease states that the landlord can keep my security deposit if I break the lease early. This is in addition to any other damages for lost rent. Basically if I break the lease he keeps it even if I find him another qualified tenant. Is that legal in California? I live on the SF peninsula. Does California law override his edits on the lease?
Tags: Law, California, Landlord-Tenant Law, California SF Bay Area

Eight new grants, Ginsburg recovery from surgery “on track”

One day after Politico reported that White House officials were preparing for the possible “death or departure” of Justice Ruth Bader Ginsburg, who had surgery in late December to remove two cancerous growths from her lungs, the Supreme Court announced today that there was no evidence of any other cancer, and that the 85-year-old Ginsburg would not require any further treatment. Ginsburg’s recovery from surgery is “on track,” Supreme Court spokeswoman Kathleen Arberg said in a statement, althoug...
Tags: New York, Featured, Supreme Court, Law, California, White House, Usda, United States, South Dakota, United Arab Emirates, Davis, Wisconsin, Lgbtq, Smith, Ruth Bader Ginsburg, Newton

"The Twitter hashtag '#KamalaHarrisIsACop' is popular among her progressive detractors..."

"... who point to her work in law enforcement that they say disproportionately affected people of color. 'Kamala Harris is entitled to no scrutiny, just like every other Democratic politician who is loved by Clinton donors. Also, war is peace,' progressive commentator David Sirota tweeted sarcastically in 2017. It came during a stretch where he highlighted her role as California attorney general in the approval of a California hospital merger criticized by nurses and abortion rights activists, a...
Tags: Twitter, Law, California, Police, San Francisco, Kamala Harris, Clinton, Trump, HARRIS, San Francisco Chronicle, David Sirota, Ann Althouse, Racial Politics

"Reducing Barriers to Reintegration: Fair chance and expungement reforms in 2018"

The title of this post is the title of from the Collateral Consequences Resource Center to document the laws passed in 2018 aimed at reducing barriers to successful reintegration for individuals with a criminal record. Here is the report's executive summary: * In 2018, 30 states and the District of Columbia produced 56 separate laws aimed at reducing barriers faced by people with criminal records in the workplace, at the ballot box, and elsewhere.  Many of these new laws enacted more than one...
Tags: Florida, New York, Law, Colorado, California, Washington, Pennsylvania, Maine, Kansas, Nebraska, Michigan, Louisiana, North Carolina, District Of Columbia, Arizona California, Douglas A Berman

Petitions of the week

This week we highlight petitions pending before the Supreme Court that address whether depriving a criminal defendant of trial counsel against his will violates the Sixth Amendment and a jailer’s liability under 42 U.S.C. § 1983 for detaining a person for an extended period without providing a hearing for arraignment and bail review. The petitions of the week are: Moya v. Garcia 18-689 Issue: Whether, when a jailer detains a person for an extended period with no access to a court hearing f...
Tags: Supreme Court, Law, California, Garcia, Moya, Mays, Goldstein Russell, Cases in the Pipeline, Carruthers, Faretta

"If we had the California republic, which is something some people in California would like, it would have a lot of leverage over Nevada that it doesn’t have now, wouldn’t it?"

"Nevada would have to be careful about what it did to California. But the situation now is different because they’re states in the union."Said Justice Alito, at oral argument yesterday in Franchise Tax Board of California v. Hyatt (transcript). The case, discussed at SCOTUSblog, raises the question "Whether Nevada v. Hall, a 1979 Supreme Court ruling that said a state could be haled into another state’s courts without its consent, should be overruled."Arguing for the man who sued California in N...
Tags: Supreme Court, Law, California, Nevada, Hall, Hyatt, Roberts, Alito, Erwin Chemerinsky, Ann Althouse, Federalism, Chemerinsky, Tax Board of California, Nevada UC Berkeley

ADA: two gleams on a dark horizon

Ohio has passed a bill giving targets of ADA accessibility complaints a chance to fix the issue before becoming liable for attorneys’ fees, and a California state judge has ruled that the state’s jackpot Unruh Act does not cover website accessibility claims. Those are two bits of favorable news amid a lot of continued bad news, I argue in a new Cato post. Related: Domino’s argues before a Ninth Circuit panel in a web accessibility case [Kristina Launey, Seyfarth Shaw]: Domino’s argued, as a po...
Tags: Law, California, Uncategorized, Ohio, Lebron James, Ada, Doj, Winn Dixie, Ninth Circuit, Eleventh Circuit, ADA filing mills, Web Accessibility, Kristina Launey Seyfarth Shaw

Relist Watch Returns

John Elwood reviews the first relists of 2019. Happy New Year and welcome back! Most of D.C. started 2019 nice and slow, enjoying offices (and roads) made quiet by vacations, both planned and unexpected. But not the Supremes. They jumped in with both feet, when most of the lawyering class was still finishing off their fruit baskets. On January 4, the court gave plenary review to the Maryland and North Carolina political-gerrymandering cases and set them for expedited briefing so they could be ...
Tags: Florida, Texas, Featured, Maryland, Supreme Court, Law, Congress, California, Planned Parenthood, Kentucky, Virginia, New York City, Freedom, Alabama, Indiana, United States

Argument analysis: The familiar yet fresh debate in Franchise Tax Board of California v. Hyatt

Federal courts aficionados have been looking forward to the oral argument in Franchise Tax Board of California v. Hyatt, and the event did not disappoint. The question was whether to overrule the decades-old precedent Nevada v. Hall, which held that states lack sovereign immunity in one another’s courts. The argument largely broke down according to familiar ideological lines, but the discussion still had verve and creativity, in part thanks to the performances of veteran advocates Seth Waxman an...
Tags: Featured, Supreme Court, Law, California, Nevada, Ruth Bader Ginsburg, Hall, Hyatt, Sachs, Sonia Sotomayor, John Roberts, Waxman, Alito, William Rehnquist, Sotomayor, Stephen Breyer

What’s Wrong With The California Bar Exam?

Some thoughtful analysis and comments from readers about the state of the California bar exam.
Tags: Law, California, Law Schools, Bar Exams, Jill Switzer, California Bar Exam

A “view” from the courtroom: Comity Central

This term of the court has had plenty of arguably boring cases on statutory interpretation, pre-emption and procedure. But every now and then a low-key case comes along that results in an argument amounting to a heady constitutional seminar. Today’s lone case for argument, Franchise Tax Board of California v. Hyatt, will be one of those. Seth P. Waxman for petitioner (Art Lien) When the court takes the bench, Justice Ruth Bader Ginsburg is again absent as she recuperates from her recent lu...
Tags: New York, Featured, Maryland, Supreme Court, Law, California, Georgia, United States, Hawaii, Social Security, Broadway, Nevada, University Of California Berkeley, Social Security Administration, Ruth Bader Ginsburg, Hall

Towing: Parking Citation Dismissed - Now Need to Recoup Towing Fee

My question involves a parking ticket & tow from the state of: California Over the summer my car was cited and towed for being parked in a (temporary) bus zone on a street in Imperial Beach (San Diego). My niece was driving and she parked in a regular parking spot around 7AM on the day of an annual sandcastle festival. Sometime after she parked the city established a temporary bus zone at that area to accommodate the city bus being re-routed for the event. About 2 hours after she parked the sher...
Tags: Law, California, CVC, Moving Violations, Parking And Traffic Tickets, Imperial Beach San Diego

Banks Won't Open Account in Name of Living Trust

My question involves estate proceedings in the state of: California Several years ago my attorney created a living trust for me and we placed all my properties and bank accounts in the name of the trust. I now wish to open two new bank accounts. The local brick and mortar banks offer a fraction of a percent in interest, while the internet banks are offering almost 2.5%, However, when I contact them, they will not open an account in the name of a living trust and instead, wish to put the acco...
Tags: Law, California, Estate Planning, Administration And Probate

Recovery of Premises: Tenant Accusing of Retaliatory Action when Served with 60 Day Notice to Vacate

My question involves landlord-tenant law in the State of: California This is my old house that was underwater due housing crisis and I decided to rent it when I needed to move. Tenant is renting for 5+ years. No issues ever except this recent incident. The property had multiple roof leaks recently (one after other within 5-6 days due to heavy rains) and it took around 2 weeks to complete everything (roof, dry walls, painting and flooring in affected area) due to immediate contractor availabilit...
Tags: Law, California, Landlord-Tenant Law

Supreme Court declines to intervene in Virginia redistricting dispute

Today the Supreme Court rejected a request by Virginia legislators to put lower-court proceedings in a case challenging the legislative districts drawn for the state’s House of Delegates as the product of unconstitutional racial gerrymandering – that is, the idea that legislators relied too much on race when drawing the maps — on hold until the justices rule on the case. Today’s order means that a federal district court’s efforts to create a new map, with the assistance of a voting-rights expert...
Tags: Featured, Supreme Court, Law, California, Virginia, House, State, John Roberts, House of Delegates, Howe, Merits Cases, Virginia House of Delegates, Bethune Hill, Court The post Supreme Court

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