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Split Shift Employees and New California Minimum Wage

Recently, a litigant refused to mediate their dispute, ultimately losing in court and paying the attorney's fees of the prevailing party.

For those employers who had all but given up hope of receiving relief from the courts, the California Supreme Court recently provided a glimmer of hope with its holding in Duran v. U.S. Bank.

Many employers train or educate employees at considerable expense. Can employers be reimbursed if an employee leaves shortly (within a few years) after completing the training/education? Can you deduct the cost of training/education from an employee’s wages?

The most prudent approach for an employer is to minimize the risk of loss of trade secrets by taking all reasonable measures available to protect the trade secrets.

Hidden Effects Of New California Minimum Wage Law

Many written contracts include a short paragraph usually entitled "Entire Agreement" or "Integration Clause" that has legal ramifications that the parties should understand.

If you have ever purchased or sold a home, or seen a medical doctor, no doubt you were presented with a proposed written agreement, possibly on a preprinted form, that contained an arbitration provision.

What happens when a newspaper files for adjudication, but it doesn't meet those requirements?

Employers Beware - Potential Liability for Serving Alcohol at Holiday Parties

A seller's duty to disclose construction defects likely includes the duty to disclose prior construction defect litigation under the California ruling in Calemine v. Samuelson.

Employers seeking to avoid class action litigation should be encouraged by the U.S. Supreme Court's recent counter-punch delivered in American Express Co. v. Italian Colors Restaurant.

Assembly Bill No. 2103 amends Labor Code section 515

Identity theft is on the rise and is a frustrating process for victims. Some studies estimate that over nine million persons a year are victims.

emotional distress damages avaialble to pet owners

California courts have narrowed an employer’s ability to restrict employee activities after termination.

Would you consider hiring a disbarred or suspended friend or colleague?

Workers compensation preemption prohibits third parties that allegedly injure an employee from seeking redress against an employer by way of a cross-complaint for indemnity.

If you'll be hiring a contractor to do work on your property, be certain you review their liability policy carefully.

Court rules that arbitrators need not live in splendid isolation!

Modified Seller Held Note Subject to Anti-deficiency Statutes

Before you have a contractor begin any home improvements, there are some things you should know.

The Ninth Circuit has ruled that a lawyer (or other debt collector) may not send a debt collection letter to a debtor at the latter’s workplace – even if it’s addressed in the debtor’s name, “care of” the employer and marked “personal and confidential."

Although California law creates a duty to supervise employees by the designated officer of a corporate real estate broker, the Court of Appeal ruled that this duty is owed only to the corporation, not to third parties harmed by the failure to supervise.

Employers will want to pay close attention to the California Supreme Court’s pending decision in Salas v. Sierra Chemical Co. as it may substantially affect their exposure to liability for certain claims by undocumented employees.

A standard real estate form known as the Property Information Sheet may create legal problems if not used properly by commercial real estate brokers.

Rule 5-100 of the State Bar Rules of Professional Conduct prohibits an attorney from threatening an opposing party with criminal prosecution or professional disciplinary actions to gain an advantage in a civil matter.

Recently, a California jury awarded a fired employee a stunning $167.7 million, made up of $125 million in punitives (emotional distress).... Have we placed our emotions above what remains of our intellects?

California State Legislature passed Senate Bill 332, adding to Civil Code as section 1947.5, allowing landlords of residential property to ban smoking tobacco therein as of January 1, 2012.

The California Environmental Quality Act (CEQA) was enacted to provide the fullest possible protection of the environment when governmental entities make decisions that have the potential of adversely affecting the environment.

Can the selection of a roommate give rise to a legal claim for discrimination? The Ninth Circuit recently weighed in.

Creditors, collection agencies, and even attorneys can be held liable for abusive collection practices under both federal and state law. There are steps you should avoid taking when attempting to collect on a debt:

Corporate employers with employees located outside California will have to decide whether to agree to send any out-of-state employees to California for future Person Most Qualified/Knowledgeable depositions.

Attorneys regularly counsel their clients regarding the unpredictability of juries. Less is said regarding the unpredictability of judges.

Who are the IRS’s favorite superheroes? The X-Men. The IRS loves to hear from ex-spouses, ex-business partners and ex-employees about taxpayers who may not have fully met their federal tax obligations.

I see another major law firm has been sued for legal malpractice by a hedge fund manager and a distressed investment firm who claim that their lawyers didn't advise them about a particular term in a deal involving tens of millions of dollars, if not more.

Reprimanded teacher objects to disclosure of the reprimand. The appellate court’s opinion in Marken v. Santa Monica-Malibu Unif. Sch. Dist. (Jan. 24, 2012) No. B231787 is an excellent recap of the California Public Records Act with respect to disclosure of certain records of public employees.

If your business is continuing to suffer, is there any way to get out from under what may now appear to be an unfavorable lease?

Arbitration agreements in employment agreements may not be enforced, absent special care given by employers when hiring employees.

I have repeatedly been asked the question from puzzled clients, “should I cash the check or not?” This situation usually arises when the client is owed $2,000 (for example) and the customer mails the client a check for $1,500 with a notation “payment in full” written on the check.

California’s Mechanic’s Lien Law (Civil Code section 3082 et seq.) is littered with short deadlines, which are further complicated by the rules of bankruptcy.

The recent ruling in Baeza v. Superior Court upheld the alternative nonadversarial prelitigation contractual provision utilized by one homebuilder.

A recent decision regarding commercial property in Orange County, California addressed one rare situation in which payment of property taxes may be required to establish a prescriptive easement.

Although it is common practice among retailers to use form contracts presented to consumers for signing without explanation and without an ability to negotiate any of the terms, a court recently held that an arbitration clause in a form contract for the purchase of a used vehicle was unenforceable.

Attorneys should be careful when entering into business transactions with friends that have also been clients, as Rule 3-300 of the Rules of Professional Conduct provides that a member of the State Bar shall not enter into a business transaction with a client unless certain requirements have been satisfied.

Homeowners sued their lenders, creatively claiming that the lender had a separate duty to disclose to each of them the lender’s intent to defraud them on their loans.

Individual homeowners, and homeowner’s associations (and HOA management companies), should continue to pay close attention to property conditions that may pose a significant risk of injury to guests and visitors.

A flooring contractor was found to have negligently caused a fire started by a worker’s discarded cigarette that damaged a homeowners’ property in the amount of $424,050.

Foreclosing trustee represented that the delinquency amount was about $22,000. Actually, this was about one-tenth the true amount of about $220000. The Court of Appeal shifted the loss to the trustee, ruling that the buyer could obtain the huge windfall.

Can homeowners sue a developer for the damages caused by that developer in marketing neighboring homes to sub-prime buyers who presented a high risk of foreclosure? The answer is an uncomfortable “maybe” for housing developers, according to the recent Ninth Circuit decision in Maya v. Centex Corp.

A California Court of Appeals recently allowed a cat owner to recover $36,000 in vet costs and punitive damages from their neighbors who allegedly shot and injured the cat, rejecting that only the fair market value of the stray cat could be recovered.

A dishonest notary can corrupt the chain of title of real property with a void deed by falsely notarizing the forged signature of the grantor, with no recourse if the statute of limitations has passed.

Whether you are a landlord for a residential or commercial property, you will owe certain legal duties to your neighbors, even if you never actually occupy your property or use it beyond renting it out.

A homeowner should be aware that homeowners association dues, fees or assessments are non-dischargeable in Chapter 7, 11, 12, & 13 bankruptcy under 11 U.S.C. §523(a)(16).

Generally, an unlicensed contractor may not collect compensation for construction work. However, will a court enforce an arbitration award involving an unlicensed contractor where arbitration was voluntarily agreed to by all parties?

California employers may now be able to lean a little more on the "learned professional" exemption when facing an employee's claim that he or she should have been treated as "non-exempt" for payroll purposes.

A court ruled that a program described by an employer as a sabbatical program can be deemed to be additional vacation time for the employee requiring compensation by the employer.

We lawyers may want to keep this case handy to drop into a meet-and-confer letter to send to opposing counsel/party who plays discovery games and to warn our own clients that such games can be costly.

During the economic downturn of the last few years, an increasing number of our firm’s clients have expressed concern over the fact that a growing number of their business’s customers are becoming slow pay . . . or, perhaps, no pay. In some instances, clients have asked, "what should I do when a customer has an account receivable that is more than four months past due and that customer refuses to return my call?"

The Court of Appeal recently found that statements made at a homeowner association meeting immediately before the election of the board of directors could not support a claim for defamation.

Buy-sell agreements are contracts by which interest holders in entities may seek to maintain control over the ownership and management of their business by restricting or compelling the transfer of the ownership interests.

Many lawyers have seen an increase in the number of clients who stop paying them for their services. And, the legal malpractice industry reports that there has been an upswing in the number of legal malpractice claims against lawyers in the same time frame.

California's new Voluntary Compliance Initiative 2 is an opportunity for taxpayers who may have underreported their California income tax liabilities, through the use of abusive tax avoidance transactions or offshore financial arrangements, to amend their tax returns for 2010 and prior tax years and obtain a waiver of most penalties.

Judicial foreclosure sales appear to be so rare in Riverside County that the judicial sale that I recently attended was also used as a training vehicle for several uniformed deputies in the sheriff’s office.

The new California Rules of Court have eliminated the requirement that paper copies of non-California authorities be lodged with the court when cited in a brief or memorandum.

The IRS announced Monday that it will make it easier for some taxpayers who were not aware of their spouse’s misreporting of taxes to seek innocent-spouse relief. The innocent spouse rule can relieve taxpayers of their tax liabilities, interest and penalties as a result of filing a joint tax return with their current or ex-spouse.

Is a buyer's deposit in an unconsummated real estate transaction refundable? As you may have guessed, it depends, though a recent court decision returned a "non-refundable" deposit to a buyer.

In the recent case of Leek v. Cooper (2011) 194 Cal.App.4th 399, the court addressed the issue as to whether or not the sole shareholder of a corporation that was operating a car dealership could be held individually liable for age discrimination on the basis that the sole shareholder had actual control over the affairs of the business.

The obligations of counsel at trial and misconduct in ignoring the motion in limine ordered by the trial court have recently been clarified by the Court of Appeal.

The Supreme Court held that it is unlawful to terminate an employee who made oral complaints about his employment, the anti-retaliation statute applies both to written and oral complaints.

The unanimous opinion of the First District Court of Appeal held that the trial court erred when it refused to allow a UCLA Law School professor to view the demographic data of the State Bar.

With the current state of the world, charities are needed now more than ever. If you are contemplating creating a charity you should consult with a qualified tax attorney or advisor as the world of charities is more complicated than you would think.

Retailers may start to think twice about continuing to ask customers for their zip code, as it may subject them to litigation from their customers.

Not all statements by a union and its members are protected, even in the context of a strike or other union action.

California Code of Civil Procedure section 998 has generated a lot of published appellate opinions over the years.

California employers wrestling with how to control the social media of their staff now have some guidance concerning permitted discipline of rogue employees.

What is the client to do when his or her attorney is ordered suspended by the California Supreme Court and therefore unable to practice law?

In California, both the Secretary of State’s office and the Franchise Tax Board have the authority to suspend a California corporation under certain situations.

Public employee pay and benefits have been hot topics of late, exacerbated by the fiscal crisis in California at all levels of government. This topic reached the courts when one of the state's leading newspapers sought the records of a public employee retirement system.

Even California's bent towards environmental protection could not prevent a court from agreeing that even trees may qualify as an unlawful "spite fence" in California. A "Spite Fence," which may be prohibited by court order under California law, is defined as "[a]ny . . . structure" over 10 feet that was "maliciously erected or maintained for the purpose of annoying [a neighbor]."

The IRS provides a forum for appealing a proposed income tax deficiency known as IRS Appeals, the only level of administrative appeal within the IRS.

Just like most marriages, the beginning of most business partnerships are filled with hope, optimism, enthusiasm and a general feeling of future success. Unfortunately, as with some marriages, problems develop over time in partnerships and a dissolution or divorce is needed.

Consult with an experienced estate planning attorney before creating your own estate plan documents, as costly unintended consequences may arise.

A bankruptcy court recently ruled on what constitutes "goods" that are entitled to a priority administrative claim for their value under § 503(b)(9) of the Bankruptcy Code.

If you represent those in the construction industry, you should advise them to pay close attention to any licensing requirements of any contract or subcontract they may enter into.

Malicious prosecution claims against an attorney must be brought in one year, according to a recent California Court of Appeal opinion. These suits may be on the upswing since the California economy cratered in the past few years.

Taxpayer seeking the tax benefits of a transaction that the IRS deems to have no economic purpose, aside from reduction of tax liability, will face stiff penalties under the new 2010 Revenue Reconciliation Act.

When does a statute of limitation begin running, i.e., when does a cause of action accrue and what's the deadline for filing suit? That depends.

An employer that learns of harassing behavior from a third party must take immediate and appropriate action to correct the situation.

Under certain circumstances, an injured person working in your home can file a civil lawsuit against you as the homeowner, rather than being limited to workers compensation. A recent California Supreme Court decision held that this is the case and defined the standard of care to be used in a case brought by an injured employee working on a homeowner's substantial remodeling project. (Cortez v. Abich (2011) 51 Cal. 4th 285.)

Several years ago, a judge called me to see if I could mediate a matter that was in trial in her department that day, starting at the lunch break. Flattered, I said I would. Little did I know that this mediation would become one of my most memorable.

Should the duty of drivers to exercise ordinary care for others in their use of streets and highways include truck drivers parked alongside a freeway? The Supreme Court of California's recent decision in Cabral v. Ralphs Grocery Company (Feb. 28, 2011) No S178799, concerning an automobile/truck accident found no exception for truckdrivers.

Circular 230 contains rules governing the recognition of attorneys, certified public accountants, enrolled agents, and other persons representing taxpayers before the IRS.

California law imposes a duty on home buyers to perform inspections and charges them with knowledge of conditions that are patent and obvious.

Over the last several years courts have been narrowing an employer's ability to restrict employee activities after termination, culminating with the California Supreme Court's decision in Edwards v. Authur Andersen LLP.

If a homebuilders alternative contractual pre-litigation provisions are found to be unconscionable, the builder cannot require homeowners to comply with SB 800’s statutory, non-adversarial procedures.

The IRS announced on February 8, 2011 a special voluntary disclosure initiative designed to bring foreign accounts back into the U.S. tax system and help people with undisclosed income to avoid civil and possible criminal penalties.

All attorneys should learn from Critzer v. Enos. A deal is only a deal, if it is in writing or read on the record before the court, by a party or an authorized non-attorney representative of a party.

Duran v. U.S. Bank could dictate how future class action lawsuits are litigated by allowing statistical samples to prove liability, not just damages, which will not favor employers.

The Compassionate Use Act of 1996 (Prop 215) and the Medical Marijuana Program Act (Senate Bill 420) decriminalized medical marijuana use and implemented a statewide identification card system for medical marijuana users and providers under California law. Since then, scores of medical marijuana “dispensaries” began operating throughout California.

Contractors should be aware of the requirement that stop notices be served on the particular branch of the construction lender actually “administering or holding” the loan funds, per California Civil Code section 3083.

Consumers are best advised to meet with an experienced bankruptcy attorney when choosing between debt consolidation or bankruptcy.

The Ninth Circuit Court of Appeals held that an employee’s termination two days after he complained to his employer’s HR office raised a triable issue of material fact based on circumstantial evidence that he was subject to retaliatory termination and that the employer’s stated reason for his termination was a mere pretext.

The California Court of Appeal recently found that a plaintiff’s election to proceed far into their lawsuit waived their contractual right to arbitrate the dispute.

A brief legal consultation before signing a contract can save money and headaches later.

Spending a few hundred dollars for an attorney to review a proposed agreement of any sort is a good business practice as it can save thousands of dollars and headaches in the long run before the transaction and the relationship have soured.

California’s Environmental Quality Act (CEQA) was enacted in 1970. The law has undergone numerous amendments and has been the subject of countless published court opinions, which often have confused legal scholars and non-lawyers alike.

Proposed California laws will increase the liability of those persons who prepare real property valuations, opine on the value of real property or influence appraisers.