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Deadly Force Against Occupants of a Vehicle Moving Slowly Towards Officers is Unconstitutional

By John Robinson on March 05, 2021
The Ninth Circuit Court of Appeals, in a published decision in Villanueva v. State of California, recently reiterated that an officer firing at a slow-moving vehicle violates the Fourth... Continue Reading

Negligent Infliction of Emotional Distress Satisfied by Virtual Presence

By Steven Werth on February 01, 2021
In a reflection of the realities of advanced technology, the California Court of Appeal in Ko, et al. v. Maxim Healthcare Services, Inc. (2020) 58 Cal.App.5th 1144, held that the virtual... Continue Reading

No Extension of COVID Sick Leave or Family Leave in New Federal Legislation

By Peter Glaessner on January 29, 2021
Congress enacted significant, new relief measures last month in the midst of the spiking COVID-19 pandemic. Lost in the myriad of the federal legislation was this harsh reality: Congress... Continue Reading

Competing with Non-Competes in a Commercial Setting: An Expensive Proposition

By Peter Glaessner on December 31, 2020
In California, covenants not to compete are frowned upon in the employment setting. Business and Professions Code section 16660 provides that “every contract by which anyone is restrained... Continue Reading

[UPDATED] California Appellate Court Holds Public School District Not a Business Establishment under the Unruh Civil Rights Act

By Steven Werth on December 30, 2020
UPDATE: On December 23, 2020, Brennon B. petitioned the California Supreme Court for review of the appellate court's decision. On February 24, 2021, the California Supreme Court granted... Continue Reading

California Supreme Court Rules Intentional Tortfeasors Cannot Reduce Their Share of Noneconomic Damages under Proposition 51

By Kimberly Chin & Erica Gonzalez on December 29, 2020
In B.B. v. County of Los Angeles (2020) 10 Cal.5th 1, the California Supreme Court unanimously ruled that intentional tortfeasors cannot use Civil Code Section 1431.2 to reduce their share... Continue Reading
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