The constitutions of both the United States and the State of California forbid the use of peremptory challenges to exclude potential jurors based on their membership in a “cognizable group.” This is defined as “an identifiable group distinguished on racial, religious, ethnic, or similar grounds.” The definition of “similar grounds”... Read More »
Divorces are messy. Physical and emotional abuse can cause lasting harm to both parties. To prevent physical violence or harassing behavior, a person in danger from someone with whom they have a close relationship can call for help from law enforcement who will investigate and, if warranted, request an Emergency... Read More »
In 1997, a 21-year-old man named Jeremy J. Foster attacked two 14-year-old girls who were on their way home from school. He raped one of them, tried to rape the other one, and sexually abused them both with a knife. After his arrest, he negotiated a plea of guilty on... Read More »
Cynthia M. Vargas did not pull the trigger on the gun that took the life of James Barbosa, a man who wandered into territory that was claimed by her gang. But during the brawl that followed a request for Barbosa’s gang affiliation, Vargas told the man with the gun to... Read More »
Chad Defries went for a ride on the new Yamaha dirt bike that his wife bought him for Christmas. He was going over small hills on a course when the bike’s throttle slipped, the handlebars twisted, and he fell. He fractured a leg, separated his shoulder, and suffered other injuries. ... Read More »
Dan Bilzerian has between 5.7 and 50 million followers on Instagram, depending on who you believe. The tabloids had field days when he kicked a model in the face in Miami and when he was accused of throwing another model off the roof of his Las Vegas home during a... Read More »
The Americans with Disabilities Act (ADA) was enacted in 1990 to prevent discrimination against people with physical or mental impairments. As summarized by the Department of Justice, the law “provides a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” It seeks to give them... Read More »
Nylah was only ten years old when she entered the popular “Blackout Challenge” posted on TikTok. The contest, available to over a billion people worldwide, asks viewers to use a household item to try to strangle themselves and to encourage others to do the same. After an unsuccessful, hidden attempt... Read More »
They used fake driver’s licenses. They made up a company so they could infiltrate conferences and meetings hosted by the plaintiff. They trespassed, committed fraud, violated federal wiretapping laws, recorded conversations without consent, and conducted other illegal activities. They secretly videotaped everything they saw for over a year and a... Read More »
When a couple repeatedly fought and a domestic violence restraining order (DVRO) was issued against the man, the woman tried to force her abusive boyfriend to vacate the apartment. But the trial judge declined to issue a move-out order. Instead, because both names were on the lease, he left the... Read More »
Jane Doe, a woman plaintiff, created a successful software business and then sold it to SoftwareONE, Inc., a global corporation. They promised her an executive position, but within a year, her job was accompanied by demands for what she called “outlandish” behavior. For example, on a corporate retreat, the company’s... Read More »
There is little doubt that COVID-19 changed the courts. Motivated by health and safety concerns, California legislators enacted a statute that authorized testimony via remote technology. Now, judges have to grapple with the legal implications of the new law and new technologies. The petitioner in a recent case involving the... Read More »
Remember how people were told to wash their groceries when COVID-19 first disrupted normal living? All sorts of theories prompted all sorts of safety precautions. While understanding of the pandemic-causing virus has come a long way, no one, and definitely no court, has a firm understanding of exactly what business... Read More »
The minor son, father and personal representative of a woman who died nine days after her arrest and transport to a police station cannot get a rehearing on their civil case against the City of San Diego and several of its police officers. The plaintiffs charged that the woman’s death... Read More »
Ruling that public schools are not “business entities” under California’s Unruh Civil Rights Act (Unruh Act), the State Supreme Court has denied coverage to a developmentally disabled man who claims he was repeatedly sexually abused by school employees and classmates during his time as a Special Education student at a... Read More »
