As a former teacher of Administrative Law, I am interested in a recent request to the California Attorney General for an opinion whether the California Office of Tax Appeals has the authority to declare regulations adopted by another state agency to...
Does One State Agency Have The Power To Declare Another State Agency's Regulation To Be Invalid?
Posted on December 07, 2023
Abandoning Cumulative Voting Does Not Extend Term Of Office
Posted on December 06, 2023
In November 2018, the citizens of Mission Viejo elected three persons to the City Council for two-year terms of office, rather than four years as prescribed by California Government Code section 57377. This was done pursuant to the terms of a...
Does A General Partnership Terminate And Then Dissolve Or Dissolve And Then Terminate?
Posted on December 05, 2023
In a recent unpublished opinion*, the Court of Appeal considered the question of partnership termination under the California Revised Uniform Partnership Act. Wickline v. Schweder, 2023 WL 6155353 (Cal. Ct. App. Sept. 21, 2023). The case involved an...
Nevada Supreme Court Finds CEO's Statements To Shareholders, Directors And Officers May Be Protected Activity
Posted on December 04, 2023
Nevada, like California, has enacted an anti-SLAPP law that is intended to protect citizens' First Amendment rights to petition the government for redress of grievances and to free speech by limiting the chilling effect of civil actions that are...
Court Rules Director Of California Corporation Has A Duty To Disclose When Soliciting Consents
Posted on December 01, 2023
The California General Corporation Law permits shareholders to take action by written consent, unless otherwise provided in the articles of incorporation. Cal. Corp. Code § 603(a). When shareholder action is taken by written consent, the GCL imposes...
In This Case, There Was A Balm And It Was Menace
Posted on November 29, 2023
In California, extortion is a crime. Section 518 of the Penal Code defines "extortion" as "the obtaining of property or other consideration from another, with his or her consent, or the obtaining of an official act of a public officer, induced by a...
Lawyer Revives Zombie Corporation In Attempt To Enforce Decades Old Lien - Was He Successful?
Posted on November 28, 2023
In 1995, Panrox International (USA), Inc. recorded a deed of trust on a home in Los Angeles to secure an indebtedness of $141,000. On January 2, 2001, the State of California suspended Panrox for failure to pay taxes. Panrox remained suspended for...
Giving Thanks for Thanksgiving
Posted on November 22, 2023
Until President Abraham Lincoln proclaimed a national day of thanksgiving during the Civil War, thanksgiving holidays were a matter of state and local concern. California mentions Thanksgiving Day in 18 separate statutes, including those in the Code...
Is It Possible That Some Possibilities Are Unreasonable?
Posted on November 21, 2023
Section 5342(e) of the California Corporations Code requires a nonprofit public benefit corporation to provide, upon the request of a member, to either allow inspection and copying of all members' names, addresses or voting rights or provide an...
