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Where is the Correct Location to File a Lawsuit?

|  Posted on July 10, 2017  |  in Uncategorized
In the recent appellate case of Fox Factory, Inc. v. Superior Court (2017) 11 Cal.App.5th 197, the Sixth District Court of Appeal reviewed whether a Canadian plaintiff, injured while riding a bicycle in Canada, could sue in California against a California corporation. Fox Factory, Inc. (“Fox”) is a maker of parts, specifically in this case, front fork racing shocks. The plaintiff in the case was riding his mountain bike in British Columbia on a bike that include Fox forks and shocks. While riding on a downhill course, the plaintiff attempted a jump. When he landed, the forks broke, throwing the plaintiff forward, with the fall causing a spinal injury. The plaintiff filed an action in Santa Clara County against Fox....
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Cannot Blame Yelp?

|  Posted on September 13, 2016  |  in Uncategorized
Many businesses, including ours, have Yelp accounts where consumers, clients, and others can leave reviews on the services and products they receive. For many, those reviews are helpful in making future buying decisions. However, businesses are always afraid of that one nasty Yelp review that just does not seem fair. The question that the 9th Circuit Court of Appeals recently decided was whether Yelp can be responsible for the content that Yelp's online users create and post on the site. The case of Kimzey v. Yelp!, Inc. was one where a locksmith in the Seattle metropolitan area received a post on its Yelp page that started with, "THIS WAS BY FAR THE WORST EXPERIENCE I HAVE EVER ENCOUNTERED WITH A LOCKSMITH. DO NOT GO THROUGH...
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14th Amendment (Due Process) Appeal Opinion

|  Posted on March 27, 2015  |  in Uncategorized
Yesterday our office received the good news that our client had been victorious on an appeal. Our client was added to a judgment of a corporation from 2009, after the corporation failed to respond to a complaint (default judgment). The Court of Appeal reviewed two key cases, Motores de Mexicali, S.A. v. Superior Court of Los Angeles County (1958) 51 Cal.2d 172 ("Motores"), and NEC Electronics Inc. v. Hurt (1989) 208 Cal.App.3d 772 ("NEC"). In each of the cases the plaintiffs sued corporations, but not the individual shareholders. After the defendant corporations failed to litigate the cases, the superior courts awarded the plaintiffs judgments in each case. Later, the plaintiffs sought to add the individual shareholders to the judgments without allowing the shareholders to defend...
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Benefits of a Trust

|  Posted on February 16, 2015  |  in Uncategorized
If you are a beneficiary of a trust, and you are looking to eliminate debt, you may be able to retain the benefits such a trust. The Bankruptcy Code defines what is subject to the bankruptcy estate under 11 USC 541. Property of the estate is subject to a trustee sale and distribution in a Chapter 7. The Bankruptcy Code provides a exception to its broad definition of property belonging to the estate. This exception excludes from the bankruptcy estate a debtor’s interest in property that contains “a restriction on the transfer of a beneficial interest of the debtor in a trust that is enforceable under applicable nonbankruptcy law.” Courts, after examining the legislative history of this provision, have concluded...
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