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Removed Board Director Avoids Anti-SLAPP Sanctions

July 7, 2014
Folsom California business litigation attorney

A member of the board of directors of a non-profit corporation, Dan Murphy Foundation, managed to avoid anti-SLAPP (define “anti-SLAPP”) sanctions in response to his complaint for declaratory relief and alleging wrongful removal of him as a director.  James Donovan argued he was wrongfully removed as a director of the Foundation after he raised concerns […]

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Revised Uniform Limited Liability Company Act Brings Some Changes to How LLCs Function in California

July 3, 2014
Folsom California business litigation lawyer

Last year the California Legislature passed new legislation revising the state’s laws governing limited liability companies. The new framework, known as RULLCA (California Revised Uniform Limited Liability Company Act), replaces the former statutory scheme and includes some significant changes which people forming limited liability companies need to recognize.   As with the previous scheme, limited […]

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Perils of Pro Se Representation Undermine Recovery in CERCLA Case

July 2, 2014
California business litigation attorney

In the federal courts, corporations cannot bring a civil action without representation by legal counsel. In addition, suspended corporations – or corporations not in “good standing with the California Secretary of State’s office” – cannot sue in a California court, according to California Revenue & Tax Code section 23301 and California Corporations Code section 2205. […]

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Supreme Court Rules for Private Landowner against Federal Government after Railroad Abandons Right of Way

July 1, 2014
California business litigation lawyer

In the 1860’s and 70’s the federal government pursued a national policy to encourage the construction of railroads across the continent as a way to encourage commerce and enhance national security. Initial public acts gave direct land grants and subsidies to railroad companies but many citizens opposed these preferences to those interests and believed it […]

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Limits on Imposing Liability for Wrongful Death

March 25, 2014
California business attorney

There are some examples of wrongful death cases in which the law clearly establishes a family has a right to recover damages for the loss of a loved one.  When a negligent driver of a car collides with another vehicle killing one of its passengers, that passenger’s family or representative possesses a right to bring […]

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Tax Court Reaffirms View Concerning Gain on Abandoned Property

March 24, 2014
California business lawyer

A woman in 2005 purchased a residence in Sacramento which she resided in until 2006. She paid $333,239 for the home. But she moved to San Francisco and decided to rent out the home in 2007. On her 2007 income tax return she listed the receipts from her tenant as rental income and also claimed […]

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