September 29th, 2009
It’s not always clear who was at fault in causing an accident, and if you were partly to blame, do you know how that will affect your case under California law? It’s a frequently asked question, and for good reason. When there’s been an accident, determining who’s at fault and by how much is at the center of proving your case and how much you’re owed.
For instance, what if the other driver involved in a car accident was driving in the wrong direction, but you were distracted while talking on your cell phone and didn’t see him coming. Depending on where you live, even if you were found to be only 1% to blame, and the other driver was 99% at fault, you would generally recover nothing, thanks to an old English rule known as “contributory negligence.” Read the rest of this entry »
Posted in Accidents & Injuries
August 7th, 2009
For years, housing growth here in San Diego and throughout the country seemed almost unstoppable. Many builders were in a rush to meet deadlines when constructing homes, and now some homeowners are discovering major defects with their homes. Aside from poor workmanship, construction defects can also result from problems in the design and materials used, or problems may be caused by land subsidence. A recent Wall Street Journal article by M.P. McQueen cites shortages in skilled workers and quality materials during the housing boom as reasons behind recent construction problems, and notes that hundreds of thousands of people are now facing expensive repair costs due to construction defects. Read the rest of this entry »
Posted in Buying a Home, Construction, Current Events, Real Estate Disputes
July 10th, 2009
California and federal lawmakers have been talking a lot lately about “rescission,” that is, when an insurance company cancels your medical coverage, even though premiums were paid. The Los Angeles Times reports that the House Subcommittee on Oversight and Investigations found that people with breast cancer and over a 1,000 other medical conditions were targeted for rescission. Read the rest of this entry »
Posted in Insurance Bad Faith, Uncategorized
June 12th, 2009
Back in 2002, the City of Encinitas finished its downtown revitalization project, but in the city’s quest for economic development, did the street improvements fail to comply with the Americans with Disabilities Act (ADA) and California law? These laws work to ensure access is provided to people with disabilities and also prohibit employment discrimination. The San Diego Union Tribune reports on a lawsuit recently filed by Dennis Sharp, who asks the court to order Encinitas to add disabled parking, curb cuts, and make other changes to the area that will provide access for people with disabilities. Read the rest of this entry »
Posted in ADA Compliance, Business Disputes, Current Events
May 15th, 2009
These days it seems that fraud cases are on the rise, perhaps spurred by the California and global recession. Even so, well before the recession hit, schemes such as that of Bernie Madoff’s were in full swing. In the latest news, the New York Times reports that last year about $12 billion was withdrawn from Madoff’s firm, and lawsuits to recover that money from the investors who made the withdrawals continue to move forward. Meanwhile, according to the Los Angeles Times, the Securities and Exchange Commission (SEC) is boosting its efforts to crack down on fraud. Read the rest of this entry »
Posted in Business Disputes, Current Events, Real Estate Disputes
May 15th, 2009
Family Law is a body of law that encompasses family related issues and domestic relations, including, but not limited to, divorce, property division, spousal support, child custody, child support, marriage, adoption, and a myriad of other issues. We can assist you with simple proceedings that have few issues to the more complex cases that may require a trial. The success in your case can often hinge on having the right attorney. Read the rest of this entry »
Posted in Alimony / Spousal Support, Child Support, Collaborative Law & Mediation, Custody & Visitation, Divorce, Domestic Partnerships, Property: Value & Division
