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Recent Blog Posts

Breach of Contract Law: Implied Contracts

By Schwartzberg | Luther, APC |

Implied contracts in the State of California can be created through the conduct of contributing parties. In California, a contract does not have to written or oral. With an implied contract, state law ascertains the responsibility of fairness among the parties. There are two potential forms of implied contracts: A contract that is implied… Read More »

The Dangers Faced By Nighttime Motorcycle Enthusiasts in California

By Schwartzberg | Luther, APC |

 An automobile  accident can happen at any hour of the day, but as nighttime approaches, a motorist’s visibility is lessened, which can lead to a roadway accident. Although most roads in California have proper lighting, there are many roadway conditions that can be obscured by the evening hours and many motorcyclists are at the… Read More »

Child Custody Battles: How to Obtain a Successful Move-Away Order in the State of California

By Schwartzberg | Luther, APC |

Obtaining a Successful Order Will Require Substantial Preparation Any parent who is seeking to file for a move-away order in California should know that the process could present many emotional challenges. A move away-order can create a hostile separation between parents: the parent seeking to relocate faces the challenge of a new lifestyle while… Read More »

Personal Injury Law: Auto Accidents Caused By Texting and Driving

By Schwartzberg | Luther, APC |

Texting behind the wheel is a very dangerous form of distraction and the act has caused a magnitude of auto accidents across the nation. According to research obtained by the National Highway Traffic Safety Administration, approximately 6 percent of drivers involved in deadly auto accidents were somehow distracted. Additional research suggests that hand-held phone… Read More »

Identifying Factors of a Breach of Contract in California

By Schwartzberg | Luther, APC |

Under California law, a contract is a legal agreement established between two or more parties that holds both parties liable for fulfilling the requirements set forth by the agreement. When a contract has been established, all parties involved have a right to expect that the terms stated will be met. A breach of contract… Read More »

California Civil Litigation: An Insurer’s Duty to Defend

By Schwartzberg | Luther, APC |

In the State of California, an insurance company has a duty to indemnify and defend policyholders. This will mean that when a third party files a claim against an insured party, the insurance company must swiftly and justly investigate the claim in good faith. The insurance company will also need to provide the policyholder… Read More »

Identifying the Difference Between an Expressed and Implied Contract in the State of California

By Schwartzberg | Luther, APC |

Under California Civil Code §1619, a legal agreement may be either expressed or be implied. For the most part, when identifying an expressed contract in California, the contract will be agreed by means of words: oral or written. A contract that is implied can be more difficult to identify as this can be based… Read More »

Contested Divorce Procedure in California

By Schwartzberg | Luther, APC |

When a couple faces disagreement in one or more issues during a divorce, this is generally referred to as a contested divorce in the State of California. One of the primary and most common reasons for disagreement revolves around child custody issues. Many parents argue over how much parenting time each should be allowed…. Read More »

Administrative Sanctions Following a First-Time DUI Offence in the State of California

By Schwartzberg | Luther, APC |

In the State of California, a person could be convicted of driving under the influence if he or she was found to be driving with a blood alcohol concentration (BAC) .08% or higher. Driving under the influence can also involve driving under any substance that impairs one driving. When arrested for most crimes, it… Read More »

This Upcoming Memorial Day Weekend, Be Mindful of California’s Public Intoxication Laws

By Schwartzberg | Luther, APC |

Memorial Day weekend is commonly referred to as the unofficial start of summer and many Californians will begin to celebrate summer days by hosting get-togethers in local beaches and parks. When out having a good time, many adults will choose to drink or partake in some form of intoxication. There are many states across… Read More »

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