Quick Hits #1: California Post-Eviction Disposition of Tenant Personal Property

By E. Thomas Moroney (December 2014) Question: After recovering possession of the premises from an evicted tenant, does landlord need to give additional notice to tenant concerning tenant’s recovery of personal property left behind? Short answer: For tenants who have been evicted and were served with a writ of possession, the answer is no; excepting […]

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Estate Planning for the LGBT Community

By E. Thomas Moroney (Nov. 2014: also available as a printed pamphlet upon request) ESTATE PLANNING FOR THE LGBT COMMUNITY is, in many ways, no different from estate planning for anyone else. — Estate Planning is essential if you want to direct how your estate is to be distributed upon your death. If you do not […]

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Employment Discrimination Cases: Discovery to Beat Employer’s Motion for Summary Judgment

by E. Thomas Moroney, August 29, 2014 I recently participated in drafting two state court appeals on behalf of employees who lost their employment discrimination claims on summary judgment. That experience has given me some insights on what you might be able to do in discovery to avoid summary judgment. First the basic law: Courts […]

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The Stick and the Carrot: Martinez and the “last offer rule”

On June 6, 2013, the California Supreme Court decided Martinez v. Brownco (2013) 56 Cal.4th 1014.  The question presented in that case was this: “When a plaintiff serves two unaccepted offers to compromise pursuant to Code of Civil Procedure section 998, and the defendant fails to obtain a judgment more favorable than either offer, does the plaintiff’s […]

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A Refresher on California Anti-Dram Shop Laws and Liability for Serving Alcohol: Purton v. Marriott International

If you are close to my age (54), you remember the alcohol-fueled, employer-sponsored holiday party — some would say employer-mandated.  Yes, those parties still occur, but social mores and legal risks have reduced enthusiasm for such events.  Me…I don’t miss them. Last month, the California Court of Appeal issued a decision that reminds employers of […]

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YES VIRGINIA, YOU REALLY CAN GO TOO FAR WITH YOUR INTERNET RANTS: Reserve L.P. v. Papaliolios (2013) California Court of Appeal A136191

Courts generally are unwilling to impose civil liability for internet rants and cheeky reviews.  Craigslist, Yelp and the like really are the wild west of public forums.  Postings can be informative and funny but they also can be obnoxious, cruel, and crude.  And it often seems that the most offensive posters are anonymous or pseudonymous. […]

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Welcome to my newly designed website. Please feel free to browse the articles here or contact me any time.

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