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The recent decision in Pulte Homes Corporation v. Williams Mechanical, Inc. (Aug. 9, 2016) 2 Cal.App.5th 267 was arose from a claim by Pulte for “$69,576 based on Williams’s allegedly negligent performance of a subcontract for the installation of plumbing in two residential construction projects.” The advance sheets contained the entire opinion.  When the decision […]

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The law of payment systems has interested this writer for many years.  It is an area of law filled with arcane and technical rules, most of which are never encountered in day-to-day transactions. Think of it.  Millions of checks are processed each day, yet it is a rare occurrence when a legal issue arises involving […]

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This chart shows the unemployment rate in Fresno County (on a monthly basis) from 2006 to 2016.  It is based on the official data compiled by the California Economic Development Department. (click to enlarge) Some points of interest: ● The highest monthly unemployment rate was 18.4% in February 2010. ● The lowest monthly unemployment rate […]

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There’s an old saying – “You can’t fight city hall.”  In the case of a homeowners association, the saying should be, “You can’t afford to fight a homeowners association.”  Because the deck is stacked against the homeowner. In the recent case of Rancho Mirage Country Club Homeowners Ass’n v. Thomas B. Hazelbaker (Aug. 8, 2016) […]

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California still recognizes certain antiquated common law causes of action.  When I say antiquated, I mean that the cause of action has been known at law from longer than 600 years. One of the common law causes of action is the “account stated.”  Here’s an explanation from Karl Llewellyn, the principal draftsman of UCC Article […]

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The recent decision in Janice H. v. 696 North Robertson, LLC (July 14, 2016) ___ Cal.App.4th ___ addressed the always difficult question of premises liability.  More specifically, When is the operator of real property liable for an injury to a guest in a unisex bathroom?  The court’s answer – a resounding, It depends. The facts […]

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The remedy of unlawful detainer is available in three situations under California law, most commonly when a tenant holds over after termination of the lease, or when the tenant continues to occupy the property after breach of the lease. Less commonly, unlawful detainer is available to an owner “against an employee, agent, or licensee whose […]

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Today, McCulloch v. Maryland (1819) is cited for its interpretation of Congress’ powers under the Constitution.  But the case actually involved the Second Bank of the United States, a contentious period in our history. The first Bank of the United States was established in 1791 by Congress.  It had a 20-year charter.  Hamilton was a […]

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The High Commission was a court that existed in England for more than a century, engendering substantial political dispute.  Originally intended for ecclesiatical disputes, the spread of its jurisdiction caused major friction.  Yet its records have all disappeared, save for contemporaneous writings.  Here is some facinating history. “Historians have seen in the High Commission’s existence […]

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Sometimes a court provides a clear statement of the law.  Greenspan v. LADT LLC (2010) 191 Cal.App.4th 486 is one such opinion, providing a definite and authoritative answer to the issue of whether a trust is an entity – it is not. From the opinion. “Courts often speak of the alter ego doctrine as if […]