Law Commons^™

Corporations, Harry C. Sigman

Cal Law Trends and Developments

The major 1969 corporate law developments of particular interest to the California practitioner were: (1) California appellate decisions which, at least by implication, greatly broaden the scope of a controlling shareholder's duty to minority shareholders; (2) amendments to the California Corporations Code; and (3) amendments to the Delaware General Corporation Law.

Evidence, Joseph B. Harvey

Cal Law Trends and Developments

The principal developments and trends to be noted in the law of evidence appeared this year in appellate Court decisions. The legislative changes were few. Only one legislative change seems likely to be of any significance and will be felt primarily by drivers accused of being under the influence of intoxicating liquor. For lawyers, the notable developments appear in the case law; it is likely that the courts will remain the primary arena for the development of the law of evidence for some time to come.

Remedies, Kenneth H. York

Cal Law Trends and Developments

Remedial problems are best dealt with in the context of substantive law situations. However, the disparate characteristics of restitution, equitable remedies, and damages necessitate some generalized preliminary comment. We regret that the points raised in the California cases during a one-year period do not form a tidy or cohesive pattern or adapt themselves to a symmetrical outline.

Civil Procedure, Jack H. Friedenthal

Cal Law Trends and Developments

One of the more important recent developments in California procedural law is the enactment of an entirely new set of provisions dealing with personal jurisdiction and service of process. The new procedure is effective July 1, 1970, and will alter substantially a number of current practices.

Foreward, J. Lani Bader

Cal Law Trends and Developments

No abstract provided.

Judicial Dilemmas In Enforcement Of Drug Abuse Laws, Alvin H. Goldstein Jr.

Cal Law Trends and Developments

No abstract provided.

Table Of Cases

Cal Law Trends and Developments

No abstract provided.

Criminal Law And Procedure, Rex A. Collings Jr.

Cal Law Trends and Developments

No abstract provided.

Contracts, Robert G. Meiners

Cal Law Trends and Developments

No abstract provided.

Labor Relations, Joseph R. Grodin

Cal Law Trends and Developments

No abstract provided.

State And Local Taxes, James E. Sabine, Ernest P. Goodman

Cal Law Trends and Developments

The year 1968 may have been more significant for constitutional changes that did not occur than for those that did. Proposition 9, the so-called "Watson Amendment," would have imposed severe limitations on the property tax as a source of revenue. According to its opponents, this measure, which was defeated, would have resulted in a drastic restriction on the borrowing power of the state and its political subdivisions, and would have required an extensive shift to other taxes if the present level of expenditure were to be maintained. But Proposition I-A, affording a moderate amount of property tax relief was adopted …

Insurance, Robert A. Seligson

Cal Law Trends and Developments

Possibly the most important decision in the insurance field in 1968 involved not the rights and obligations of an insurance carrier per se but rather those of an attorney selected by the carrier to protect and defend its insured. In Lysick v. Walcom, the appellate court held that an attorney who is employed by an insurance company to defend an action arising out of an accident involving an insured represents both the insured and the insurer and owes to both a high duty of care imposed both by statute and the rules governing professional conduct.

Trusts And Estates, Joseph S. Brock

Cal Law Trends and Developments

During the period covered by this review little in the way of trends or departures differing from established positions seems to have appeared; there is much repetition and emphasis of "black-letter law." There are, however, in several cases unusual factual patterns which are of interest. The results of these cases, interesting and of course contributing to the normal growth of case law, seem to flow naturally and quite easily from principles long-established and accepted, not departing from what could be expected. There were several statutory changes, prominent among which were the Revised Uniform Principal and Income Act, effective July 1, …

Real Property, Herbert I. Lazerow

Cal Law Trends and Developments

During the year, the California courts made the acquisition of property, either by adverse possession or possession as a result of the owner's abandonment, more difficult. While the courts did not change the rules of law they insisted on their pristine application. This demonstrates an understandable tendency, in an urbanizing society, toward restricting the transfer of title by possession alone to non-owners.

Torts, Frederick J. Moreau

Cal Law Trends and Developments

No abstract provided.

Community Property And Family Law, Arthur M. Sammis

Cal Law Trends and Developments

Probably the most important development in the field of community property law during the past year was the legislation affecting causes of action and damages for injury to the person. Several cases dealing with integrated property settlements are of importance in clarifying problems relating to support provisions, modification, and enforcement. Developments in the case and statutory law dealing with the parent and child relation have emphasized the continuing trend toward liberality in the legitimation of children. Three major areas in this field have received attention and are worthy of comment. The conclusive presumption of legitimacy set forth in Evidence Code …

Administrative Law, Wiley W. Manuel

Cal Law Trends and Developments

In the period from October 1967 to October 1968, the field of administrative law has continued to receive attention by the appellate courts. In the area of case law the emphasis in the past year has centered on proceedings held by the Department of Motor Vehicles arising out of the so-called implied consent law. These cases have resulted in refinements in the statement of certain constitutional principles, the recognition of newer methods to promote traffic safety, and more definitive applications of administrative law concepts. In the field of legislation, although many statutes were passed affecting administrative agencies, most of the …

Constitutional Law, James E. Leahy

Cal Law Trends and Developments

This was an eventful year in the field of constitutional law. The court upheld the right of individuals to distribute antiwar literature within a railway station, struck down an injunction prohibiting county employees from peaceful picketing, upheld an ordinance punishing conduct which urges a riot or which urges others to commit acts of force or violence, and held the California loyalty oath unconstitutional.

Legal Profession, William J. Riegger

Cal Law Trends and Developments

No abstract provided.

Civil Procedure, Jack H. Friedenthal

Cal Law Trends and Developments

In 1965 the legislature amended Code of Civil Procedure section 657, which concerns the procedure for granting a new trial. In Mercer v. Perez and Treber v. Superior Court the supreme court interpreted the new provisions and attempted to clarify them. Subsequently, a number of related cases were decided in the courts of appeal. Together these cases involve important changes in the practice regarding new trials.

State And Local Government, Daryl J. Mckinstry

Cal Law Trends and Developments

No abstract provided.

Business Associations, J. Lani Bader

Cal Law Trends and Developments

The new Corporate Securities Act, which became effective January 2, 1969, represents a sweeping change in the total fabric of administrative securities regulation. Indeed, no legislative act during the last decade has been of more importance to the lawyer representing business interests.

Also of considerable importance is the 1968 adoption of the Professional Corporation Act, which marks the entry of the corporation in California into a hitherto closed area. Since this enactment is referred to in another article in this volume, the comments here will be restricted to a discussion of the new Corporate Securities Act and of the changes …

Conflict Of Laws, John A. Gorfinkel

Cal Law Trends and Developments

No abstract provided.

Workmen's Compensation, Jack E. Goshkin

Cal Law Trends and Developments

The most significant trend and development in workmen's compensation law in the past year has been the activity of the appellate courts in annulling and reversing the decisions of the Workmen's Compensation Appeals Board. With the Labor Code's severe limitations on the scope of judicial review of WCAB decisions, particularly on the right of the courts to review factual determinations, and with most of the WCAB cases containing factual rather than legal questions, the majority of petitions for writ of review have been and still are being denied.

Another major trend of the past year has been the dramatic reduction …

Remedies, Kenneth H. York

Cal Law Trends and Developments

It is a curious circumstance that, although the sole purpose of a lawsuit is to obtain redress of some sort, the remedial aspects of cases are usually shunted to the back of the litigational bus from which they emerge belatedly, casually, and somewhat rumpled. Anyone searching for illuminating bits of remedial lore in California (or any other) advance sheets must be prepared to rummage about among tag-end paragraphs of literally hundreds of civil cases from which such interest as may originally have existed in parties, facts, controversy, strategy, or even style has long since been drained away.

However, remedial considerations …

Evidence, Joseph B. Harvey

Cal Law Trends and Developments

On January 1, 1967, the California Evidence Code began to govern trials held in California courts. Because of the delays necessarily incident to litigation, the appellate courts were not called upon to review trials held under the new rules in significant numbers until 1968. With the 1968 decisions, however, the impact of the Code upon California practice has become fairly apparent. At the same time, the courts have continued to develop rules of evidence designed to implement the various procedural guarantees found in the Constitution of the United States, and some of these court-developed rules have had significant effect, particularly …

Foreward, John A. Gorfinkel

Cal Law Trends and Developments

No abstract provided.

1969 Masthead

Cal Law Trends and Developments

No abstract provided.

Dedication, Mathew O. Tobriner

Cal Law Trends and Developments

No abstract provided.

New Disclosure Duties For Brokers In Short Sales, Roger Bernhardt

Publications

This article examines the decision in Holmes v. Summer where the court held that a sellers broker “had a duty to disclose . . . liens before the buyers signed . . . [an] agreement.” The article discusses the conflict between the duty of confidentiality and the new duty of disclosure to the other side.