Adverse possession is a legal concept that might sound surprising—it allows someone to claim ownership of property they don’t legally own, as long as specific conditions are met. While this might bring to mind images of opportunists taking over abandoned properties, adverse possession has a deeper purpose within property law. It encourages the productive use […]
When Is Loan Modification the Right Choice?
Many unfortunate circumstances can lead to someone not being financially stable. Finding yourself in an unstable financial situation while paying back loans can be especially difficult. While you may find your next steps elusive and overwhelming, there are some options. One of those options is to ask for a loan modification. Here’s what you should […]
No Living-In-Car Ordinance Held Unconstitutional.
Plaintiffs are four homeless persons who are Living-In-Car contend a city ordinance is unconstitutional. In 1983, the City of Los Angeles enacted an ordinance, Municipal Code section 85.02: “No person shall use a vehicle parked or standing upon any City street, or upon any parking lot owned by the City of Los Angeles and under the […]
Nonsuit Reversed In Breach Of Implied Warranty Of Merchantability Suit.
Plaintiff brought an action against a car manufacturer for breach of implied warranty of merchantability under Civil Code section 1792. The trial court granted the manufacturer’s nonsuit on the grounds that no reasonable jury could conclude a new vehicle sunroof that spontaneously opens and closes while driving constitutes a safety hazard in violation of the […]
Consumer Protection Statutes Not Preempted By Federal Law.
Plaintiff brought an action under New Hampshire’s consumer protection statutes alleging a towing company took his car, failed to notify him of its plan to auction it and sold it at auction, despite plaintiff’s notice he wanted to reclaim it. The New Hampshire court granted summary judgment to the towing company, concluding the action was preempted […]
Concealed Weapon Exception Narrowly Construed.
A trial court issued a peremptory writ directing the office of the District Attorney to afford a retired District Attorney investigator, who resigned from the D.A.’s office prior to retirement age, a hearing to determine if there is good cause to deny issuing him a certificate authorizing him to carry a concealed weapon and loaded firearm. […]
Only shoot at cats having some fair market value.
Mr. Grosser allegedly shot Mr. Kimes’s cat with a pellet gun. Kimes claimed he spent $36,000 for emergency surgery and follow up care for the partially paralyzed cat. The trial court ruled that the cat had no market value and that, because plaintiff could not recover more than the market value, the suit should be dismissed. […]
Defendant In Civil Child Molestation Action Restrained From Transferring His Assets Pretrial.
Plaintiff brought an action against defendant for child molestation, alleging he repeatedly sexually molested her from the age of 12 until she was 21, a month after he pleaded no contest to one felony count of lewd contact with a child under the age of 14. Pretrial in granting a preliminary injunction, the trial court […]
Unauthorized Use Of Another’s Password Constitutes Identity Theft.
After minor received another person’s password and account information, he used it to gain access to her Facebook and posted obscene messages on two pages and altered her profile. Even though defendant did not obtain the password and account information “willfully,” because he had not solicited it, his use of the information was unlawful and […]
Between The Pot And A Hard Place.
Pursuant to a search warrant, police seized 12 seven-foot tall marijuana plants, freezer bags containing a total of about five ounces of marijuana, a tray of loose marijuana and rolling papers which plaintiff used for medicinal purposes. The court denied plaintiff’s first motion to return his property. Criminal charges were filed, police destroyed most of […]