November 2018 Archives

Appellate court recognizes the "impossibility doctrine" in trusts

California's First District Court of Appeals has applied the doctrine of impossibility to a trust case in Schwann v. Permann. The doctrine of impossibility generally excuses one party from performing a specific condition of a contract, or in this case, a trust, if the party can no longer perform that condition due to circumstances beyond the party's control. In other words, performance has become impossible. California used to recognize the impossibility doctrine in probate law as it applied to "conditions precedent" to receiving a bequest of some sort until the legislature repealed the law in 1982. 

Resort developer sues California firms for $1 billion breach of contract

Resorts World Genting is a sprawling resort complex of hotels, theme parks, casinos and shopping malls perched atop Mount Ulu Kali in Malaysia, not far from that nation’s capital and largest city, Kuala Lumpur. The resort’s developer recently filed a lawsuit in California for breach of contract against Walt Disney Co. and Fox Entertainment Group (both companies have headquarters in the Los Angeles area).

Southern California cardrooms sued by Luiseno, Chumash Indians

The Rincon Band of Luiseno Indians owns Harrah’s Resort Southern California, located about an hour north of San Diego, and other gaming and hospitality venues. The Santa Ynez Band of Chumash Indians owns the Chumash Casino Resort, which sits about six hours north of the city.

California sand-mining company prevails in lawsuit

San Diego beaches are some of the most beautiful and celebrated in Southern California. People travel from all over the world to walk our golden strands of sand. It doesn’t take much imagination to understand the devastation to our economy and quality of life if our beaches somehow shrank significantly or disappeared altogether.

IP protection of all that glitters

It can be easy to casually overlook the hard work, artistry and creative originality that makes jewelry beautiful, desirable and marketable. We sometimes admire a dazzling piece on a friend’s finger or neck and get caught up in the gleam of precious gems or lustrous metals.

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