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Court Rejects Statute Allowing Court Ordered Entry Onto Private Property by Public Agencies for Pre-Acquisition Testing

California Eminent Domain Law allows public agencies to obtain a court order permitting access onto private property to conduct pre-acquisition testing and inspections. These tests and inspections can help an agency...more

3/24/2014 - Eminent Domain Private Property Takings

Motion to Strike Under Anti-SLAPP Statute Erroneously Granted in Connection With Conversion, Unjust Enrichment and Breach of...

A motion to strike under California’s anti-SLAPP statute was filed in response to a lawsuit initiated by beneficiaries against a trustee and executor of an estate. The United States Court of Appeals for the Ninth Circuit...more

1/17/2014 - Anti-SLAPP Beneficiaries Breach of Duty Conversion Estate Planning Executors Fiduciary Duty Motion To Strike Trustees Unjust Enrichment

Doctrine of “Tacking” was Properly Applied to Establish Bank’s Priority in Trademark Action

In a trademark infringement action, a jury found in favor of a foreign bank and against a California financial corporation, where the bank established prior use under the “tacking” doctrine. The Ninth Circuit Court of...more

11/27/2013 - Banks Infringement Prior Art Trademark Litigation Trademarks

California Appellate Court Reaffirms the Trade Secret Displacement (Preemption) Doctrine

Courts continue to define the scope of the emerging trade secret displacement doctrine, (commonly referred to as preemption) which stems from California's Uniform Trade Secrets Act ("UTSA"). The UTSA contains a relatively...more

10/29/2013 - Claim Preclusion Misappropriation Preemption Trade Secrets UTSA

A Jury in an Eminent Domain Action Must Decide if “Reasonable Probability” Exists that Government Will Require Dedication of Land...

A city planned to realign a truck route and offered the landowners compensation that valued the property as undevelopable agricultural land instead of its current zoning of light industrial. The city reasoned that the...more

8/30/2013 - Condemnation Eminent Domain Jury Trial Land Developers Redevelopment Rough Proportionality Test

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