Articles

Dan Jacobson, the principal of Jacobson & Associates, authors scholarly articles for The Los Angeles Daily Journal and The San Francisco Daily Journal, California’s newspapers of record for the legal community.  He has also authored articles for California Lawyer, the magazine of record for the California legal community, Orange County Lawyer and other publications. Mr. Jacobson has also co-authored a text for Lormans Educational Services.

To read any of these articles, just click on the title below.  (The article with a “*” next to it is unavailable.)

“The Answer is: Ask the Question” Dan Jacobson, Orange County Lawyer, 02/17, page 48. A critical
look at an analysis that failed to examine a vital issue, thus providing an important lesson is legal
analysis.+

“Insurers Can’t Escape Through Escape Clause”  Dan Jacobson, Orange County Lawyer, 02/16 page 4. LEXIS citation not yet available.  An analysis of wary view of “other insurance clauses” in insurance policies.+

“Unpacking a Rare Split Decision on Permissive Joinder,”  01/23/15 San Francisco Daily Journal and Los Angeles Daily Journal.  An analysis of a 2015 Division Three of the Fourth District Court of Appeal’s split decision on the issue of permissive joinder in a “mass joinder” case.

“Not Your Parents’ Trespass Damages,” Dan Jacobson, Orange County Lawyer, 01/15, page 28. LEXIS citation 2015 Orange County Lawyer 28. An Analysis of California’s revolutionary statute on damages for trespass.+

The Emperor Has No Completed Operations”, Dan Jacobson, Orange County Lawyer. 07/14, Page 28 LEXIS citation 2015 Orange County Lawyer 44. An Analysis of California’s courts exasperation with insurance companies Completed Operations clauses.+

Foreign corporations get better deal upon dissolution” 02/26/13 The San Francisco Daily Journal and The Los Angeles Daily Journal.  An analysis of the Supreme Court’s decision in Greb v. Diamond International.  That decision put into stark relief what was apparently a legislative accident, by which dissolved California corporations get treated worse than dissolved out-of-state corporations.

Indemnity Primer” 02/13 California Lawyer. An analysis of California law on express indemnity and implied indemnity.

The Armstrong Election — a Misnomer with a Powerful Purpose” Dan Jacobson, Orange County Lawyer 09, Vol. 53, No. 9, 2011 , Page 16; LEXIS citation: 53 Orange County Lawyer 16.  An analysis of the California law that prohibits “stacking” of insurance deductibles in progressively deteriorating damages cases and allows an insured in such cases to elect which deductible it will pay.+

*“An Indemnity Clause By Any Other Name” 08/03/11 The San Francisco Daily Journal and The Los Angeles Daily Journal.  An analysis of indemnity under California law, including the misuse of nomenclature.

Do ‘Special Answers’ Make a Sound?”07/27/10 The San Francisco Daily Journal and The Los Angeles Daily Journal.  An analysis of “Special Answers”, which allow a cross-defendant to assert defenses against not only the cross-complainant, but also against the plaintiff.

Action Satisfaction” 07/22/09 The San Francisco Daily Journal and The Los Angeles Daily Journal page 7.  An analysis of the profound answer to the simple question, what is a cause of action?

California Supreme Court Declares No Fault Indemnity” Dan Jacobson, Orange County Lawyer June, 2009 page 35. LEXIS citation 52 Orange County Lawyer 42. An analysis of the Supreme Court’s decision in Crawford v. Weather Shield.+

Contracting Clarity” 04/15/09 The Daily Journal page 7.  An analysis of implied contractual indemnity with an emphasis on the question of whether it sounds in contract.

This Time Its Personal” 03/31/09 The Daily Journal page 7.  An analysis of California and Constitutional law regarding specific personal jurisdiction as opposed to general personal jurisdiction.

Get It in Writing” 05/06/08 The Daily Journal page 7.  An analysis of California’s statute of frauds.

The Legislature Has to Change the Delegate Selection Process” 02/01/08 The Daily Journal page 6.  An analysis of the Constitutional limitations and requirements applicable to States for their selection of delegates to the Electoral College.

A Brief History of Time Limits” 06/06/07 The Daily Journal.  An analysis of the history, purposes, definition, and applications of statutes of limitations.

Indian Sovereignty A Brief History”  Dan Jacobson, Orange County Lawyer 06/07, page 32. LEXIS citation 49 Orange County Lawyer 32. An analysis of the legal history of sovereignty issues pertaining to Native Americans.+

Insurer Learns It Can’t Wriggle Out of Its Duty to Defend” 09/29/06 The Daily Journal.  An analysis of The Standard Fire case, in which the California Court of Appeal defined “occurrence” in the context of an occurrence-based insurance policy, thus distinguishing such a policy from an claims-made insurance policy.

Bad Faith Can Pierce Corporate Shield” 07/06/06 The Daily Journal page 9.  An analysis of the equitable doctrine of alter ego and how it does and doesn’t get passed the corporate shield to the shareholders’ personal assets.

“Is the Billable Hour Running Out of Time” April, 2006 California Lawyer.  An analysis of the surprisingly short dominion of the hourly billing system, and a look into the future of it and other attorney fee billing systems.

Academic Senates Have Role in Designing Hiring Policies” 9/1/05 The Daily Journal.  An analysis of the legal character of California’s Community College Academic Senates.

Absence of Prevailing Party Won’t Preclude Lawyer Fees” 05/23/05 The San Francisco Daily Journal and The Los Angeles Daily Journal.  This article has a misleading title that was given to it by The Daily Journal.  The article is an analysis of California law regarding fee shifting in contract litigation.

Law Schools Need to Teach Statutory Construction Rules” 12/10/04 The Daily Journal.  An analysis of the law of statutory interpretation.

Courts Differ Over Who Can Sue for Construction Defects” 07/08/04 The Daily Journal.  An analysis of the differing views amongst California’s Courts of Appeal regarding the accrual in tort of a construction defect action.

Dogs Are Humans’ Best Friend Not Best Evidence” 04/22/04 The Daily Journal page 7.  An analysis of statutory law, common law, and Constitutional law regarding dog tracking evidence.

Burden of Proof Producing Evidence Have Distinct Roles” 03/10/04 The Daily Journal page 7.  An analysis of California evidence law related to the rules and effect of the dual burdens of proof and of producing evidence.

Wildfire Victims May Sue for Fire-Protection-Related Defects” 12/12/03 The Daily Journal page 7. An analysis of contractual and tort remedies in construction defect lawsuits.

Privileges Are Not Just About Excluding Testimony” 10/6/03 The Daily Journal page 7. An analysis of the nature of legally recognized confidentiality.

Understanding History of Contracts Can Benefit Attorneys” 6/2/03 The Daily Journal page 7. An analysis of the rules of contract interpretation, with an emphasis on the historical development of those rules.

New Construction Defect Law to have Profound Effect on Litigation” Dan Jacobson, Orange County Lawyer, 12/02, Page 14 . LEXIS citation 44 Orange County Lawyer 14. An analysis of California’s complex statutory scheme for the litigation of construction defect claims.+

Whether New Law Applies Retroactively is Open Question” 10/7/02 The Daily Journal. An analysis of certain strong legislative punishments for unlicensed building contractors.

To Answer the Question or Not?” Dan Jacobson, Orange County Lawyer 6/02, page 32. LEXIS citation 44 Orange County Lawyer 32 An analysis of the law governing the behavior of counsel and parties at depositions.

Crucial Provisions, Enforcing Construction-Contract Indemnity Clauses” 1/14/02 The Daily Journal; and 03/24/03 Real Estate Journal. An analysis of the law governing express indemnity in construction contracts.

Wait and See No Tort Recovery for Defects Not Yet Resulting in Damage” 01/08/01 The Daily Journal page 7. An analysis of the California Supreme Court’s distinction between contract and tort remedies.

California’s Grandparents’ Rights”  Dan Jacobson, Orange County Lawyer, 10/00 page 40. LEXIS citation 42 Orange County Lawyer 40. An analysis of the U.S. Supreme Court’s decision in Troxel v. Granville and that decision’s affect on the visitation rights of California grandparents.  (Cited as point of Constitutional Law at Davis, “Non-Parent Visitation Statutes: Was Troxel v. Granville Their Death-Knell? 23 Whittier L. Rev. 721,754.)+

Digital Pen” 8/28/00 California Law Business supplement to The Daily Journal. An analysis of the Federal “electronic signature” statute.

*“Knowing About Indemnification Clauses” 7/95 Indoor Comfort News. A lay explanation of the differences in the types of indemnification clauses that are found in subcontract agreements.

*“I Declare Under the Penalty of Perjury that the Foregoing Arguments and Opinions are True” XXXVIII #1 Dicta page 13. A discussion of the uses and misuses of declarations.

+The views expressed herein are those of the Author(s). They do not necessarily represent the views of the Orange County Lawyer magazine, the Orange County Bar Association, The Orange County Bar Association Charitable Fund, or their staffs, contributors, or advertisers. All legal and other issues must be independently researched.