Estivi Ruiz, Esq. Law Blog

This article explores two issues relevant to small business today. First, the Federal Relief program for small business, and second a general framework for maintaining your small business during a disaster. I. The CARES Act and Existing SBA Relief Programs As we all work together to slow the spread of COVID-19, more of us are staying at home, reducing our spending, working from home, and temporarily shutting down or reducing the output of our small businesses. These efforts will help save countless lives during these uncertain times. The Federal Government has issued the largest private financial relief package, the CARES Act, in all of this nation's history to help small businesses adversely affected by the virus. In recent days, the Federal Government passed a second round of relief for small business which is slated to focus on mom and pop shops. The original CARES Act was signed into law on Friday, March 27, 2020, which includes, $376 billion in relief for Ameri...

First, this article briefly discusses the fairly recent decision from the California Supreme Court in  Facebook, Inc. v. Superior Court (Hunter II)  4 Cal. 5th 1245, 233 Cal. Rptr. 3d 77, 417 P.3d 725 ( Hunter II ). Second, following remand, the trial court issued subsequent orders concerning the issues presented in Facebook , again the trial court erred, for which the parties sought a writ of mandate. On March 6, 2020, the First Appellate Court of Appeal certified the opinion for publication ( Hunter III) .* In  Hunter II  defendants were charged with a murder which arose from a drive-by shooting. During the course of discovery, defendants served a subpoena duces tecum seeking the business records of social media providers (Facebook, Inc.** and Twitter, Inc.) and the communications of particular users--including private message, group messages, and public messages of the murder victim and a witness. Upon receipt of the subpoena the social media providers fi...

On March 24, 2020, the Second Appellate District of California issued a decision for publication in the matter Spencer v. Mowat* concerning a "beach gang" that harassed non-local, outsiders surfing the Lunada Bay waves in the Palos Verdes Estates. The beach gang would throw rocks and otherwise antagonize, assault and batter outsiders. The outsiders filed suit alleging causes of action including, public nuisance, assault and battery. The outsiders also alleged a claim of conspiracy in support of their theory of vicarious liability which would find all persons who were part of the conspiracy liable for the acts of their co-conspirators. The beach gang had a long history of conduct they categorized as protected speech and protest of non-local surfers in the area. The beach gang in fact petitioned and appeared at local City Council to address the issue of outsiders. But the Court was not convinced about the protected activity occurring on the beach--the activity of which plaintif...