California Case Law - The FindLaw California Supreme Court and Courts of Appeal Opinion Summaries Blog

November 2016 Archives

The State Bar of California is currently considering a radical change to the state's Rules of Professional Conduct: a bar on lawyer-client sex.

Under the current rules, lawyers are allowed to sleep with their clients, so long as they do not coerce them into the sack or condition representation on sexual relations. (Lawyers must end representation if their lusty lawyer-client relationship interferes with competent representation as well.) The new rules, if adopted, would put an end to California's permissiveness, prohibiting virtually all attorney-client lovemaking.

Real estate agents can represent both the seller and buyer of a property in California, despite the potential conflicts of interest, so long as the parties consent and it is disclosed that the agent owes a fiduciary to both.

But do the same dual fiduciary duties arise when two agents, both operating under one broker's license, represent both parties in a transaction? Does the seller's broker, acting as an associate licensee, owe a fiduciary duty to the buyer and vice versa? Yes, the California Supreme Court ruled on Monday, in a case that could bring greater protections to California real estate buyers.

Well, consider this one of the most obviously stupid things you've encountered recently. In 2011, four supervisors at the West Kern Water District decided to stage a mock robbery in their work place. Following a training on responding to robberies, the supervisors snuck out of the office, with one soon returning dressed in a ski mask, demanding the office's money, and claiming to have a gun.

Of course, the "mock" victim hadn't been informed of the scheme beforehand. To her, everything appeared very, very real.

IMDb, the internet movie database, can tell you virtually every role an actor has played, what projects an actress has in the pipeline, and even your favorite celebrity's height. It can also tell you an actor's age and birthday, at least for now.

A new California law, signed by Governor Brown this September, seeks to deter age discrimination in the entertainment industry by requiring websites like IMDB to remove actors' ages on request. Now, IMDb is suing, alleging that the law violates its First Amendment rights.

When much of America swung to the right on Election Night, the Bear Republic tacked left. California voters approved a host of progressive ballot propositions, legalizing recreational marijuana, taxing tobacco, and upholding a ban on plastic bags. Among the victorious state propositions was Prop 63, which requires background checks for ammunition purchases and closes loopholes to the state's large-capacity magazine ban.

Now, after running a muted opposition campaign, gun advocates, including the California affiliate of the National Rifle Association, are planning to take their battle to court.

Workers at McDonald's franchises in California might soon have a reason to say "I'm lovin' it," now that the company has agreed to a pay out $3.75 million to settle a lawsuit against the world's largest fast food chain. The suit sought to hold McDonald's Corp. accountable, as a joint employer, for the alleged wage and hour violations of a Bay Area franchisee.

The settlement marks the first time McDonald's has agreed to pick up the tab for one of its franchisees, according to Reuters.