Entries by Peterson, Martin & Reynolds LLP

There Oughta Be a Law (And There is) – Anti-SLAPP 20 Years On

In 1992, the California legislature enacted a law to prevent the use of the judicial system to squelch public dialogue on important public issues. This law is commonly applied to cases involving constitutional free speech and petition, including statements made about or during litigation.   An action filed to silence one’s opponent is called a SLAPP […]

Court Expands Reach of Fiduciary Duty Law to Include Third Parties Aiding and Abetting

Court Expands Reach of Fiduciary Duty Law to Include Third Parties Aiding and Abetting – Jonathan Finke   In American Master Lease v. Idanta Partners, Roberts formed American Master Lease (“AML”) based on a proprietary business method he developed. To generate capital, Roberts invited Andrews, Runnels and Franklin to invest and become members of AML, […]

Intermittent Possession Puts Owner On Notice Of Prescriptive Easement

Intermittent Possession Puts Owner On Notice Of Prescriptive Easement – Jonathan Finke   In 1960, Fred and Viola Fluckiger purchased their home in a quiet neighborhood outside of Los Angeles. Shortly thereafter, they poured a concrete driveway partially encroaching on their neighbor’s property. The Kings subsequently purchased the property from the Fluckigers in 1994 and […]