Riverside Business Journal
Saturday, May 25, 2024
GUEST COLUMNS

Friday, May 24, 2024

The proposed federal tax hikes will hit harder in California than in some other states, as California already has the highest state income tax rate in the nation, which applies to both ordinary income and capital gains.
When Gov. Gavin Newsom unveiled a much-revised 2024-25 state budget this month, he became visibly irritated when reporters pressed him about raising taxes to cover a $44.9 billion deficit, particularly the corporate tax hikes that left-leaning groups have suggested to avoid spending cuts in health, welfare and education programs.
Based on their line of questioning, California Supreme Court justices seemed to be reaching for a compromise as they heard oral arguments Tuesday in the long-running legal saga over whether gig workers should be considered independent contractors or employees.
Special interest groups spent more than $114 million to lobby California officials and legislators in the first quarter of this year, matching the pace last year when a record $480 million was spent to influence state policy decisions.
Few places in California are as unforgiving for driving an electric car as the remote and sparsely populated Imperial Valley.

Thursday, May 23, 2024

The U.S. Supreme Court has, for now, allowed claimants to recover damages for acts allegedly occurring more than three years before their lawsuit.

Wednesday, May 22, 2024

The California State Bar is considering adding privacy law as a new area of legal specialization, which would require lawyers to demonstrate a broad-based and comprehensive experience in the area of specialty, complete 36 hours of LSCLE every three years, and recertify every five years.

Tuesday, May 21, 2024

A defense is available to employers when it comes to section 226 premium penalties, based on dictionary definitions of "knowing" and "intentional" and the legislative history of section 226. The court also made the good faith defense available where the employer's obligations are genuinely uncertain, but not where there is a failure to comply with well-established law.
As Gov. Gavin Newsom and state legislators spend the next few weeks fashioning a state budget that's plagued by a multibillion-dollar deficit, they can't count on a booming economy to make their task easier.

Monday, May 20, 2024

The court's decision contradicts previous Ninth Circuit decisions and Supreme Court statements that the Second Amendment applies only to law-abiding citizens.

Thursday, May 16, 2024

The VA Loma Linda Healthcare System in California is at the forefront of healthcare technology, including digital pathology, which expedites the diagnosis of diseases like cancer. The system has been integrated into select VA facilities across the country, thanks to a $4 million grant from the Department of Veterans Affairs.
The Biden administration recently revised Title IX regulations that govern how colleges and universities handle sexual assault allegations. The new rules, which will take effect in August, modify some of the controversial aspects of the Trump-era rules.

Wednesday, May 15, 2024

The DeVillier v. Texas case highlights the need for government officials to act in good faith when dealing with citizens' constitutional rights, and the need for government lawyers to seek justice, not just convictions.

Tuesday, May 14, 2024

Being nominated to the US Supreme Court is not an honor worth pursuing, as it involves lying, politicization, and elitism.
State education officials are intervening to force San Francisco's school system to clean up its financial mess: a chronic budget deficit that could make it insolvent.

Monday, May 13, 2024

Businesses and workers lose more than $50 billion each year to workplace misconduct, but it doesn't have to be this way.
State utility regulators decided Thursday to let California's largest power providers stick their customers with a new monthly flat fee in exchange for a reduction in the overall price of electricity, a controversial change to the way that millions of households pay their utility bills with weighty implications for state climate change policy.

Friday, May 10, 2024

California has one of the highest rates of pedestrian-motor vehicle accidents in the US, with over 1,100 pedestrians killed annually. The main causes of these accidents are driver distraction and inattentiveness, speeding, and disregarding crosswalks.
Employers should conduct a thorough and fair investigation when they receive or observe a workplace complaint, which involves interviewing the parties and witnesses, obtaining relevant documents, reaching a reasonable conclusion, and writing a report.

Thursday, May 9, 2024

Recent climate disclosure regulations can be a catalyst for business transformation, as companies can use sustainability data to drive decision-making, risk mitigation, and strategic choices.
The DOJ's immunity program may undermine the effectiveness of internal compliance and reporting mechanisms in corporations, as it incentivizes employees to bypass them and go directly to the government.
The California Supreme Court will decide in the coming weeks whether to remove a sweeping anti-tax measure from the November ballot, blocking an effort to increase the requirements for implementing taxes, fees and other government charges in the state before voters have a chance to weigh in.

Wednesday, May 8, 2024

A recent appellate case highlights the importance of avoiding turning a blind eye to the use of equipment by subcontractors, and that the Privette doctrine does not protect a hirer from liability if a hirer retained control over the worksite and negligently exercised that control.
The recent bill to ban TikTok in the United States highlights the country's complacency and overconfidence, potentially undermining its soft power. Instead of outright removal or banning, politicians should consider a softer, rule-based approach and conduct awareness campaigns to discourage users from using the platform.

Tuesday, May 7, 2024

The ruling could have broader implications for future state legislation that attempts to supersede charter cities' authority over municipal affairs, such as land use and zoning.
The California Supreme Court recently clarified which hours are compensable for employees in the case of Huerta v. CSI Electrical Contractors, and highlighted the importance of employer "control" over employee activities in determining compensation.
After Jerry Brown became governor of California for the first time nearly a half-century ago, he declared that the state had entered "an era of limits."

Monday, May 6, 2024

If the economy slows and consumers stop spending, underlying CRE demand will decline, and a great many legal disputes will follow.
After being struck by a cargo ship that brought down the Francis Scott Key Bridge, many people blamed diversity, equity, and inclusion for the incident, as well as individuals from historically marginalized groups. The bridge collapse was due to bias, but not of the type related to civil rights categories.

Friday, May 3, 2024

The court in Lietz clarified that the holding of Sanchez, which was a criminal case, applies to civil cases, including family law cases. Sanchez held that experts can rely on hearsay in forming their opinions, but they cannot relate case-specific facts asserted in hearsay statements unless they are independently proven by competent evidence or are covered by a hearsay exception.
Bayshore City, which was founded for legalized dog racing and collapsed when it was outlawed, was disincorporated in 1940. Vernon narrowly escaped disincorporation in 2011 following accusations of corruption.

Wednesday, May 1, 2024

Courts have consistently affirmed that cities can regulate sleeping in public, provided that viable alternatives for sleeping exist. Such time, place, and manner restrictions are and should continue to be permissible.
The Supreme Court's recent ruling in Macquarie, which clarified Section 10(b) and Rule 10b-5, is unlikely to have a significant impact on securities litigation.

Tuesday, April 30, 2024

When and how will contests are initiated; who has standing to contest a will; responses to will contests and grounds to contest wills; the burden of proof; the impact of a no contest clause; and appeals.

Monday, April 29, 2024

The bill could create a moral hazard for prosecutors, who could use the fines to boost state revenues, and could drive away corporations and people from California due to its hostile business climate.
The law is evolving on the issue of squatters' use of fake leases, but courts are likely to use their equitable power to prevent such deceptive behavior.

Friday, April 26, 2024

The California Supreme Court has expanded the interpretation of "disclose" under California's whistleblower protection statute, allowing employees to report workplace wrongdoing even if the employer already possesses knowledge of the violation.
The Bissonnette v. LePage Bakeries Park St., LLC ruling complicates the class and collective action landscape for California employers, who already face challenges in enforcing arbitration agreements against PAGA actions and other claims.

NEWS

General News

Friday, May 24, 2024

A pro-housing group is challenging the City of San Mateo's recently adopted housing element, claiming that the city overestimated the amount of housing that could be generated under existing zoning in contravention of state law.
General News

Friday, May 24, 2024

The leader of the California Senate said Wednesday his body has passed all 15 bills in an anticrime package. These bills, collectively called the Safer California Plan, focus on curbing fentanyl distribution and retails theft.
General News

Friday, May 24, 2024

A 9th U.S. Circuit Court of Appeals panel on Wednesday rejected a bid by five Republican states to intervene in a lawsuit by the American Civil Liberties Union and other organizations against the Biden administration over its Legal Pathways rule designed to limit the number of non-Mexican asylum seekers crossing into the United States.
General News

Thursday, May 23, 2024

The state Senate has passed a bill to strengthen the state's civil rape shield law in response to a California Supreme Court ruling.
General News

Thursday, May 23, 2024

Moving back and forth from Tennessee to Alaska, Michael Rogers and his wife Christy have twice been stuck simultaneously paying a mortgage and rent. Once, in 2006, the situation dragged on for eight months, finally ending when they sold their house in Tennessee for $20,000 below what they'd paid for it.
General News

Thursday, May 23, 2024

Google LLC's apprentice program is under fire after a whistleblower lawsuit filed Tuesday in Santa Clara County accuses two company executives of abusing the program to fraudulently collect donations from the company and other Google employees for a nonprofit and funnel "wealthy and well-connected" children to elite universities.
General News

Thursday, May 23, 2024

California's Civil Rights Council proposed new rules on May 17 to govern the use of artificial intelligence tools in employment decisions, including a prohibition on third parties aiding and abetting discrimination through the design, sale, or use of an automated system.
General News

Thursday, May 23, 2024

Kurt Marthaller, who oversees school food programs in Butte, Montana, faces many cafeteria-related challenges: children skipping the lunch line because they fear being judged, parents fuming about surprise bills they can't afford, unpaid meal debts of $70,000 districtwide.
General News

Wednesday, May 22, 2024

More than 1,500 graduate students, teaching assistants and researchers walked off the job at UC Santa Cruz on Monday, launching the first labor strike over the University of California's response to pro-Palestinian protests in the past month.
General News

Wednesday, May 22, 2024

Tesla Inc. cannot dodge claims that the electric vehicle maker fostered a racially hostile environment at its Fremont facility after an Alameda County Superior Court judge granted class certification in one of 46 related cases.
General News

Wednesday, May 22, 2024

Two types of accounts can help you pay for medical costs and have tax benefits, but both also have possible downsides, two recently published reports found.
General News

Wednesday, May 22, 2024

Attorneys for an Oregon man who was sentenced to federal prison for selling a Russian machine gun capable of firing 900 rounds a minute are asking the 9th U.S. Circuit Court of Appeals to vacate his conviction because a near-total ban on the ownership of machine guns violates the Second Amendment.
General News

Tuesday, May 21, 2024

Officials in Alameda, California, have told scientists to stop testing a device that might one day be used to artificially cool the planet by making clouds brighter, reflecting planet-warming sunlight back into space.
General News

Tuesday, May 21, 2024

A divided 9th Circuit panel denied en banc rehearing of a district court ruling upholding the dismissal of the City of Stockton's fire chief – but not without strong dissent from multiple circuit court judges, including a 34-page dissenting opinion by Circuit Judge Lawrence VanDyke of Reno, Nevada. The dissenting opinions argue that former fire chief Ronald Hittle produced ample evidence that he was discriminated against for religious reasons, and that the opinion goes against a Supreme Court directive prohibiting religious discriminations.
General News

Tuesday, May 21, 2024

Speakers at a recent Judicial Council event noted that the use of artificial intelligence could create privacy issues for court users.
General News

Tuesday, May 21, 2024

Greenberg Glusker attorneys say the firm has stayed true to Los Angeles for 65 years.
General News

Monday, May 20, 2024

Retired Santa Cruz County Superior Court Judge Timothy R. Volkmann joined the panel of neutrals at JAMS.
General News

Monday, May 20, 2024

Federal courts do not have the authority to dismiss, rather than stay, an action involving claims subject to arbitration, according to a Thursday decision from the U.S. Supreme Court. One appellate attorney said the decision was the latest example of the court chipping away at the Federal Arbitration Act.
General News

Monday, May 20, 2024

The Biden administration's move to terminate much of a long-running settlement governing the treatment of unaccompanied migrant children relies on the argument that the federal government's hands are tied by the refusal of several states to license child care programs for those minors.
General News

Monday, May 20, 2024

Former Los Angeles City Attorney Michael Feuer "obstructed justice" when he denied knowledge of a scheme to settle litigation against the city over faulty utility billing software without any discovery, according to an affidavit filed by an FBI agent in the case.
General News

Monday, May 20, 2024

Crime has become a big topic in the California state Legislature, reflecting the growing frustration many residents have expressed over crime rates.
General News

Friday, May 17, 2024

Former Los Angeles County Sheriff Alex Villanueva has indicated he will sue the Los Angeles County Board of Supervisors in federal court claiming the Board's decision to place him on a "do not hire" list was a violation of his due process and First Amendment rights.
General News

Friday, May 17, 2024

The 9th U.S. Circuit Court of Appeals voted to consider en banc a California resident's class action against a Canadian e-commerce platform, Shopify Inc., for allegedly violating privacy and unfair competition laws because it extracted his personal data when he was making a purchase at a retailer that used the company's services.
General News

Friday, May 17, 2024

That waste-conscious message was scrawled on the back of a decades-old pickup in the Nebraska town where Martha Keen grew up. The doctor who drove it could have afforded a new one, but no: The truck had plenty of life left in it. Onward.
General News

Friday, May 17, 2024

At first glance, Dave Langston's predicament seems similar to headaches facing homeowners in coastal states vulnerable to catastrophic hurricanes: As disasters have become more frequent and severe, his insurance company has been losing money. Then, it canceled his coverage and left the state.
General News

Thursday, May 16, 2024

Clean energy pioneer Tesla Inc. was sued by an environmental group for alleged violations of the Clean Air Act arising from the release of harmful pollutants at its Fremont plant.
General News

Thursday, May 16, 2024

High interest rates haven't crashed the financial system, set off a wave of bankruptcies or caused the recession that many economists feared.
General News

Thursday, May 16, 2024

A group of 17 states led by Nebraska sued the California Air Resources Board over the state's Advanced Clean Fleet regulations. Among the potential harms the plaintiffs claim is the specter that the rules could make it more difficult for disgruntled California residents to flee the state.
General News

Thursday, May 16, 2024

Senate Majority Committee Chair Dick Durbin, D-IL, floated an idea during a hearing last week on a disputed nominee: bring back the blue slip for circuit court nominees. The blue slip tradition, which allows home state senators to return blue-hued paper indicating their approval or disapproval, has existed for more than a century.
General News

Wednesday, May 15, 2024

Counsel for social media companies including Meta, Snapchat and YouTube argued against public nuisance claims brought by multiple school districts who say their products are damaging to students' mental health at a hearing on Monday.
General News

Wednesday, May 15, 2024

Judith Sheindlin, who presided over televised small claims cases for 25 years as "Judge Judy," sued the publisher of supermarket tabloids for writing that she was working to get a new trial for Erik and Lyle Menendez, the brothers who killed their parents in 1989 in Beverly Hills.
General News

Wednesday, May 15, 2024

Attorneys for Apple Inc. asked a federal judge in San Jose to toss a putative antitrust class action against its iCloud service, saying consumers are not required to sign up for cloud storage with the tech giant to use other Apple products.
General News

Tuesday, May 14, 2024

Gov. Gavin Newsom's revised budget would cut $97 million from trial courts as the state struggles to deal with a $27.6 billion budget shortfall.
General News

Tuesday, May 14, 2024

Home prices were already high when Ellen Harper, a software architect living in Atlanta, started searching for a house in 2021.
General News

Tuesday, May 14, 2024

In another loss for an employer asserting that the Federal Arbitration Act requires the dismissal of claims in Private Attorney Generals Act actions, a 9th U.S. Circuit Court of Appeals panel on Friday rejected a bid by Macy's Inc. to dismiss a lawsuit on behalf of a plaintiff's co-workers.
General News

Tuesday, May 14, 2024

It's nearly a year since California Senate Bill 149, which aims to expedite judicial review of major infrastructure projects, passed the state legislature. Attorneys say the measure has mostly succeeded in its goal of speeding up review under the notoriously cumbersome California Environmental Quality Act, but some have expressed concerns that the courts may have trouble keeping up.
General News

Tuesday, May 14, 2024

Lawyers for actress Gina Carano argued the First Amendment does not protect The Walt Disney's Company's decision to fire her from a Star Wars television show, which she claimed was in response to a series of politically charged social media posts she shared in the weeks leading up to the termination.
General News

Monday, May 13, 2024

It was a day like any other — the day my home was engulfed by fire. No one on earth or above asked me if I was ready for the shoulder shake. The morning started with a buzzy, two-minute car ride to my daughter's school. It ended with us — me, my husband, our then-4-year old and 1-year-old — sharing a queen-size bed at my in-law's house. I spent the night gasping for air while on my husband's phone with my friends and family. My phone had been lost to the blaze.
General News

Monday, May 13, 2024

California draws more electricity from the sun than any other state. It also has a timing problem: Solar power is plentiful during the day but disappears by evening, just as people get home from work, and electricity demand spikes. To fill the gap, power companies typically burn more fossil fuels like natural gas.
General News

Monday, May 13, 2024

Restaurant and arcade chain Dave & Busters won judgment on the pleadings in a prospective representative action by an employee claiming the company failed to provide break periods, pay full wages or provide accurate wage statements.
General News

Friday, May 10, 2024

A Swiss commodities trader accused of helping Russian oil companies evade sanctions accused Baker & Hostetler LLP and a partner of legal malpractice and breach of fiduciary duty in a complaint filed Monday in Los Angeles.
General News

Friday, May 10, 2024

When it comes to sheer resilience, few, if any, species can match the tiny Devils Hole pupfish.
General News

Friday, May 10, 2024

WASHINGTON — President Joe Biden is warning that a new surge of cheap Chinese products poses a threat to American factories. There is little sign of one in official trade data, which show that Chinese steel imports are down sharply from last year and that the gap between what the United States sells to China and what it buys is at a postpandemic low.
General News

Friday, May 10, 2024

The Biden administration has been racing this spring to finalize a slew of major environmental regulations, including rules to combat climate change, a first-ever ban on asbestos and new limits on toxic chemicals in tap water.
General News

Friday, May 10, 2024

The City of Los Angeles engaged in "backroom machinations" to save the home where Marilyn Monroe committed suicide from demolition even though it doesn't meet the criteria to be designated a historic cultural monument, a new lawsuit claims.
General News

Friday, May 10, 2024

Children often learn their first lessons about money from the adults they're closest to. Whether it's listening to parents discuss a purchase or watching them pay bills online, kids are observant and their relationship with money is often shaped by what surrounds them. If you are a parent looking to instill financial wisdom in your children, here are some ways to get started.
General News

Thursday, May 9, 2024

Few West Coast universities rival the pomp of the University of Southern California's commencements. Flags fly. Trumpets blare. Tens of thousands of relatives from around the world fill the Los Angeles campus, cheering for newly minted alumni. There are catered luncheons under chandeliers and Very Important Speakers: Kevin Feige, the president of Marvel Studios, took the stage last year to the "Avengers" theme song before delivering the commencement address.
General News

Thursday, May 9, 2024

Attorneys for a Pasadena photographer who sued a celebrity tattoo artist over the use of a portrait of jazz icon Miles Davis said the case is "far from over" despite a federal judge's decision last week to deny their client's bid to reopen proceedings.
General News

Thursday, May 9, 2024

A product liability lawsuit accusing 10 of the nation's biggest cosmetic manufacturers and retailers, including CVS Pharmacy, Inc. And Target Corp., of knowingly selling toxic dry shampoo is likely headed to trial after both parties' attorneys told a San Francisco judge Tuesday that a settlement was unlikely at this point.
General News

Thursday, May 9, 2024

Perhaps you remember the commercials: images of the glittering blue Pacific, the majestic peaks of Yosemite, storybook vineyards and ancient redwoods stretching toward the sky.
General News

Wednesday, May 8, 2024

LOS ANGELES — Actor Owen Wilson chatted with artist Ed Ruscha. Artist Kara Walker spoke of art and activism. k.d. lang brought the house down singing "Hallelujah."
General News

Wednesday, May 8, 2024

LOS ANGELES — Disney reported strong earnings Tuesday, driven in part by a surprise profit at its flagship streaming service — a first. But investors responded nervously to a coming slowdown at Disney theme parks, which have recently been the company's primary growth engine.
General News

Wednesday, May 8, 2024

Paramount's proposed merger with Skydance has been the most tumultuous media deal in years. Now it has taken yet another turn after the exclusivity period for negotiations expired without an agreement in hand.
General News

Wednesday, May 8, 2024

Coinbase and its CEO were hit with a proposed class action for allegedly trading in unregistered securities as the cryptocurrency platform is defending similar claims by the U.S. Securities and Exchange Commission.
General News

Tuesday, May 7, 2024

Elon Musk, CEO of Tesla, blindsided competitors, suppliers and his own employees this past week by reversing course on his aggressive push to build electric vehicle chargers in the United States, a major priority of the Biden administration.
General News

Tuesday, May 7, 2024

Business groups claiming that California's plan to compel companies to disclose their emissions and report climate risks are contrary to federal law and the constitution have filed an opposition motion in response to the state's attempts to dismiss the case.
General News

Wednesday, May 22, 2024

More details are trickling out about the cuts the California Judiciary will face under Gov. Gavin Newsom's revised budget proposal. The good news is that the current round of belt tightening won't be as bad as others the courts have weathered over the past decades.
General News

Wednesday, May 8, 2024

Attorneys defending Amazon's movie studio countered infringement claims over its 2024 "Road House" remake by accusing the plaintiff author of making false representations to the U.S. Copyright Office prior to the federal complaint's filing.
General News

Monday, May 6, 2024

Attorneys say neutral Peter Marx applies an especially effective human touch.