Category Archives: Article

Defamation is Bad, but it Doesn’t Justify Chilling Free Speech

Our neighbors to the North are very American-like, until you get to issues of free speech. Most view Canada as the “least protective of free speech in the English-speaking world.” Reasonable minds can differ on some of Canada’s laws, such … Continue reading

Demand Letters Can Stray Into Civil Extortion — Miguel Mendoza v. Reed K. Hamzeh

If the threat of getting in trouble with the State Bar is not enough, maybe the threat of both civil and criminals actions will get attorneys to toe the line. You know that it is an ethical violation for an … Continue reading

Appeal Victory: Treble Damages for Theft Affirmed Against Defendant

As we reported in October of 2011, we persuaded an Orange County Superior Court Judge to apply Penal Code section 496(c) – making it illegal to receive stolen goods – to a case where the defendant had failed to repay … Continue reading

Some Judges Just Don’t “Get” Defamation

I run into this attitude from judges occasionally. Thankfully, I’ve always been able to turn them around, but when I read about it, it still raises my hackles a little. The attitude of which I speak was most recently illustrated … Continue reading

Australian Defamation Case Illustrates Life Without the CDA

I have frequently written here on the pros and cons of the Communications Decency Act (“CDA”). Without it, no website could permit comments, but by the same token it allows unscrupulous website operators to encourage defamatory postings, and then use … Continue reading

Gloating Over $5,000 Settlement Costs Parents $234,011.87

Some callers to my office, wanting to sue for defamation because someone said terrible, false and hurtful things about them, are disappointed to learn that they cannot seek legal action because the speech falls under a privilege. By definition, “privileged” … Continue reading

How to Fight Back Against Online Defamation

Always striving not to reinvent the wheel, I keep my eyes open for articles that do a good job of explaining basic legal concepts.  In that regard, I receive many calls from prospective clients who don’t yet know the fundamentals of … Continue reading

Judges Must be Wary of Anti-SLAPP Appeal Trap

A few months back I won on an anti-SLAPP motion that I brought long after the case was filed. The thing is, I was not representing the Defendant initially, but when I was retained the first thing I saw from … Continue reading

Morris & Stone Gets Triple Damages and Attorney Fees for Theft

When is a breach of contract also fraud? When the party never intended to perform. When do you get triple damages and all of your attorney fees for fraud? When you hire Morris & Stone (although your results could differ). … Continue reading

The Legality of the “Tip Jar”

Back in June of 2009, I wrote about the Starbucks tipping case. Some rascally class action attorneys had won a huge payday, claiming that Starbucks was violating the sanctity of the community tip jar. You see, Labor Code section 351 … Continue reading