Tag Archives: California
How Do I Bring a Claim Against a Trust?
HOW DO CREDITORS BRING CLAIMS AGAINST A TRUST AFTER THE SETTLOR DIES? When trust or administration proceedings begin, the Trustee must give notice to all creditors of the trust (or estate) by complying with applicable laws relating to creditors and notice. Where the trust is administered without court supervision, this notice generally is given… Read More »
What is a Trust, and How Are Trusts Created in California?
WHAT IS A TRUST? In California (as in other U.S. states), the law establishes various ways in which the property of a deceased person (a “decedent”) passes to his or her heirs. When the decedent leaves only a will, or dies without any valid estate planning documents, the decedent’s property (called the “estate”) usually… Read More »
Do Lawyers Have to Take Pro-Bono Cases?
CALIFORNIA LAWYERS HAVE NO LEGAL OBLIGATION TO REPRESENT PRO-BONO CLIENTS Both the American Bar Association and the California Bar Association strongly encourage lawyers to take on pro-bono cases. However, California lawyers are not required to perform any pro-bono legal work as part of standard licensing requirements. (“Pro Bono” means “for the good” and usually refers… Read More »
Who Does Insurance Defense Counsel Really Represent?
WHAT IS “INSURANCE DEFENSE COUNSEL”? Insurance defense counsel is the term for a lawyer hired by an insurance company to defend a lawsuit (or other legal claim) against an insured person or entity (the “Insured”). Generally, the insurance company has the right to choose (and the obligation to pay the fees of) the lawyer… Read More »
Is a Foreign Legal Consultant the Same as Pro Hac Vice Counsel?
ADMISSION PRO HAC VICE IS DIFFERENT FROM CERTIFICATION AS A FOREIGN LEGAL CONSULTANT Pro hac vice admission grants a non-California lawyer (in good standing) permission to appear before a California court. In essence, admission pro hac vice allows a lawyer to represent clients in the same manner as a California-licensed attorney for purposes of the… Read More »
Rules Governing Out of State Counsel in California Arbitration Proceedings
WHAT LAW GOVERNS OUT OF STATE COUNSEL IN CALIFORNIA ARBITRATION? Licensed California attorneys can represent clients in California courts and arbitration proceedings which take place in California. However, attorneys licensed in other jurisdictions (and not also licensed in California) do not have an automatic right to represent their clients in California proceedings–including arbitration. However,… Read More »
Are Property Owners Liable For Contractors’ Mistakes?
NON-DELEGABLE DUTIES CAN CREATE LEGAL LIABILITY FOR LAND OWNERS WHEN A CONTRACTOR ACTS NEGLIGENTLY Many property owners hire contractors and assume, if anyone is injured during construction, that the contractor will bear the legal liability for the injury. However, this is not always true. California law imposes certain duties on the owner or possessor… Read More »
Does a Business Owe a Duty of Care to Customers?
“PUBLIC” BUSINESSES OWE A DUTY OF CARE TO PERSONS WHO ENTER When a business is open to the public, the owners of the business owe a duty of reasonable, ordinary care to the people who enter the business premises. The business owner must take reasonable steps to prevent customers being exposed to hazards or… Read More »
Landlords Have a Duty to Inspect Rental Properties
LANDLORDS MUST KEEP RENTAL PROPERTY IN REASONABLY SAFE CONDITION In California, landlords have a legally-recognized duty to keep rental property “reasonably safe.” This duty is owed to tenants and to other people (“third parties”) who enter the land or rental units for various reasons. This means a landlord may be held legally liable for… Read More »
The Effect of Illegal Activities on Negligence Liability
IN SOME CASES, ILLEGAL ACTIVITIES MAY CONSTITUTE “NEGLIGENCE PER SE” When a defendant’s actions violate an applicable ordinance, law, or regulation, and the violation results in harm or damage to persons or property, the violation may constitute “negligence per se.” Negligence per se is a legal doctrine that creates a presumption of negligence–though the doctrine… Read More »
