Kronick, Moskovitz, Tiedemann & Girard

Supreme Court Finds TTAB Rulings On Likelihood Of Confusion May Preclude Infringement Litigation In Federal Court

The United States Supreme Court recently issued a game-changing opinion on the authority of the U.S. Patent & Trademark Office's (USPTO) Trademark Trial & Appeal Board (TTAB). In B&B Hardware Inc. v. Hargis Industries Inc. et…more
| Administrative Law, Civil Procedure, Communications & Media Law, Intellectual Property

Sunnyvale’s Large Capacity Magazine Ban Survives Appeal - Preliminary Injunction Denied

In 2013, the voters of the City of Sunnyvale (“City”) approved a measure restricting high capacity magazines. The measure was contested, and in Fyock v. City of Sunnyvale (9th Cir. 2015) ___ F.3d ___, the 9th Circuit upheld the…more
| Civil Procedure, Civil Remedies, Constitutional Law, Elections & Politics, Zoning, Planning & Land Use

California Supreme Court Strikes Down Sex Offender Residency Restrictions In San Diego County

In November 2006, California voters approved Proposition 83, also known as "Jessica's Law." Jessica's Law imposed many restrictions on sex offenders, including residency restrictions (the "Residency Restrictions"). The Residency…more
| Constitutional Law, Criminal Law, Education, Zoning, Planning & Land Use

California Supreme Court Clarifies Application Of The “Unusual Circumstances” Exception To Categorical Exemptions Under CEQA

On March 2, 2015, the California Supreme Court issued its long-awaited opinion in Berkeley Hillside Preservation v. City of Berkeley, which establishes a two-part test for application of the California Environmental Quality…more
| Civil Procedure, Environmental Law, Zoning, Planning & Land Use, Real Estate - Residential

The California Public Employment Relations Board Broadly Construes Protected Activity Under Educational Employment Relations Act

The Public Employment Relations Board ("PERB") in Crowell v. Berkeley Unified School District found the anti-retaliation provisions contained in the Educational Employment Relations Act ("EERA"), Cal. Gov. Code § 3540, et seq.,…more
| Civil Procedure, Civil Rights, Education, Labor & Employment Law

California Court Of Appeal Finds The City Of Santa Monica Was Not Required To Eliminate Essential Job Functions To Accommodate Disabled Employee And Engaging In The Interactive Process Does Not Constitute Protected Conduct Under FEHA

The California Court of Appeal for the State of California, Second Appellate District upheld the City of Santa Monica's ("City") award of summary judgment in Nealy v. City of Santa Monica (Cal. Ct. App., Jan. 21, 2015, B246634)…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Court Of Appeal Invalidates Portion Of IWC Wage Order Permitting Waiver Of Second Meal Period For Health Care Employees Working Shifts Longer Than 12 Hours

In Gerard v. Orange Coast Memorial Medical Center, California's Fourth District Court of Appeal invalidated a portion of Industrial Wage Commission Order No. 5, the wage order applicable to employees working in hospitals,…more
| Health, Labor & Employment Law

Not "Clearly Frivolous" - City Loses Attorney's Fees in Public Records Act Case

Although often mentioned as a possible remedy when defending meritless Public Records Act (PRA) lawsuits, it is actually very difficult for public agencies to obtain attorneys’ fees and costs when they prevail in PRA litigation…more
| Administrative Law, Civil Procedure, Civil Remedies, Privacy

Federal Mortgage Programs are Exempt from County Transfer Tax

In City of Spokane v. Fed. Nat. Mortgage Ass'n (December 30, 2014, No. 13–35655) ____ F.3d.___, the Ninth Circuit Court of Appeal recently affirmed that federal mortgage programs and administering entities, such as Fannie Mae…more
| Constitutional Law, Finance & Banking, Real Estate - Residential, Taxation

Property Tax Refund Claims May Be Filed Directly In Superior Court When The Assessed Property Was Not Owned By The Taxpayer; Such Claims Are Governed By A Four-Year Limitations Period

When a taxpayer requests a property tax reduction, the taxpayer must ordinarily first request a reduction with the county board of equalization or assessment appeals board before the taxpayer may file in superior court…more
| Administrative Law, Real Estate - Residential, Taxation, Real Estate - Commercial

Let There Be Discounts! Copyrights Cannot Be Used To Control Importation Or Impair Competition

Who does not like a good discount? Well, manufacturers, like Omega, for one. Fortunately for consumers, in Omega S.A. v. Costco Wholesale Corp., (January 20, 2015, 11-57137) ___ F.3d ___, the Ninth Circuit recently affirmed a…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Intellectual Property, International Law & Trade

California Public Employees’ Pension Reform Act Of 2013 Partially Violates Prohibition Against Impairment Of Contracts When Applied To Employees Covered By A Collective Bargaining Agreement

In Deputy Sheriffs' Association of San Diego County v. County of San Diego, et al., (January 11, 2015, D065364) 2015 WL 273138, the Fourth District Court of Appeal held that the provisions of the California Public Employees'…more
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Labor & Employment Law

California Supreme Court Holds On-Call Time For Security Guards Is Fully Compensable Under California Wage Orders

In Mendiola et al v. CPS Security Solutions, et al., (2015) 2015 WL 107082, the California Supreme Court held that security guards at a construction site were entitled to compensation for all on-call hours spent at their…more
| Labor & Employment Law

The Second District Court of Appeals Holds That Due To Inconsistencies Between The Provisions Of A Promissory Note And A Deed Of Trust, A Prepayment Provision Under The Loan Documents Does Not Arise Until Payment, Rather Than An Earlier Acceleration Date

Facts - U.S. Bank's predecessor bank extended a $62,000,000 loan (Loan) to three legal entities (Borrowers). The Loan was secured by a deed of trust on real property. Mr. and Mrs. Yashouafar (Yashouafars) guaranteed the…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial

Guarantors of a Construction Loan were Exonerated From Liability by a Bank's Misconduct Under the Loan Agreement, Notwithstanding the Broad Waiver Provisions in the Guarantees

California Bank & Trust's predecessor bank ("Bank") granted a $22.5 million construction loan to Five Corners Rialto, LLC ("Five Corners") to develop a 70-unit townhome project in two phases. Two principals of Five Corners…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Finance & Banking, Real Estate - Residential
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Contact

400 Capitol Mall, 27th Floor
Sacramento, CA 95814, United States

  • 916.321.4500
  • 916-321-4555

Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Civil Rights
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  • Construction Law
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  • Environmental Law
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  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
Number of Attorneys

50-100 Attorneys

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