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

May 2017 Archives

From memos to moot court, law school students are trained in the art of persuasion. Unfortunately, much of that art goes to seed upon graduation, or is reserved only for the biggest case filings or court appearances. While some attorneys will find the argument in anything, many more lawyers think the only time they need to be persuasive is in front of a judge or jury.

As it turns out, you may need your powers of persuasion in your everyday practice, and there are ways to be more effective in your interactions with clients, opposing counsel, judges, mediators, arbitrators, regulators, and others and therefore be more successful in your legal practice. Here’s how.

California Courts at High Risk for Quake Damage

This is not a script for a disaster movie; it's just a script for disaster.

According to the California Judicial Council's Court Facilities Advisory Committee, scores of courthouses pose a high or very high risk of falling apart in an earthquake. More than 140 courts are seismically unsafe, the committee reported.

Glendale Superior and Municipal Courthouse is the least safe, according to the report, followed by Alameda County Administration Building, which houses civil courts. Retrofitting the buildings with the highest risk would cost about $2 billion.

"It doesn't get safer each year as the buildings get older," said Stephen Nash, executive officer for Contra Costa County Superior Court. "We are sitting on a time bomb. We are watching the clock tick."

Governor Likes Budget the Way It Is, Chief Justice Not so Much

Gov. Jerry Brown has released a revised California budget, and it does not include new money for the courts. State Supreme Court Chief Justice Tani Cantil-Sakauye is not impressed.

"Under this proposed budget, trial courts receive a little more than a penny for every general-fund tax dollar, less than what the courts were receiving before the Great Recession," she said in a statement. "This is neither fair nor just."

In his initial budget, the governor added $35.4 million to support the state trial courts. The judiciary's proposed budget was about $3.6 billion, and the revised budget keeps it the same.

California Supreme Court Confirms Day of Rest

The California Supreme Court said employees are guaranteed a day of rest for each workweek, although employees may choose to work the seventh day.

There is an exception for employees who work shifts of six hours or less, the court said, but only for those workers who never exceed six hours of work on any day of the workweek. Resolving the dispute in Mendoza v. Nordtrom, Inc., the court said the law protects the day of rest for anyone who works more than six hours a day.

"If on any one day an employee works more than six hours, a day of rest must be provided during that workweek," Justice Kathryn Werdegar wrote, adding that it is subject to the applicable exceptions.

Airbnb Settles San Francisco Suit

Airbnb has settled a suit with San Francisco, and will require people to register with the city when they rent-out their homes through the company's website.

The company, which lists rental lodgings in 65,000 cities worldwide, agreed to share names, addresses and zip codes of hosts in the city. San Francisco has only 2,100 on its records, but Airbnb has more than 8,000 in the city.

"Every host on the Airbnb platform will be registered, which is what the city has said it will be looking for," said Chris Lehane, global policy chief for the company. Registration will debut for Airbnb hosts in San Francisco in 2018.