LIS PENDENS (“A SUIT PENDING”) AND THE PERILS OF NOT MEETING THE “REAL PROPERTY CLAIM” REQUIREMENT
Bankruptcy,Landlord & Tenant,Immigration,Trust & Estate,Mediation,Environmental,Tax,Uncategorized,Lawyers and Attorneys,Writs & Appeals,Business Transactions,News,Construction,Real Estate,Personal Injury,Labor & Employment,Media & First Amendment,Business,State Bar,Litigation
May 11, 2021
Shhh…Quiet, Title! When “Ancient” Mortgages or Deeds of Trust Come Back to Haunt You
Landlord & Tenant,Immigration,Trust & Estate,Mediation,Environmental,Uncategorized,Tax,Bankruptcy,Lawyers and Attorneys,Writs & Appeals,Business Transactions,News,Construction,Real Estate,Personal Injury,Labor & Employment,Media & First Amendment,Business,State Bar,Litigation
May 11, 2021
New California Minimum Wage Effect On Split Shift Employees
January 15, 2016
Split Shift Employees and New California Minimum Wage
Should Lawyers “force” their clients to mediate?
Litigation,Lawyers and Attorneys,Mediation
January 26, 2015
Recently, a litigant refused to mediate their dispute, ultimately losing in court and paying the attorney's fees of the prevailing party.
Employer Class Action Certification
July 9, 2014
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.
Employees Training/Education Cost Repayment Contracts
May 6, 2014
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?
Protecting Trade Secrets From Use by Former Employees
Litigation,Business,Labor & Employment,Business Transactions,Lawyers and Attorneys
March 6, 2014
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.
California Minimum Wage Law (2014): The Hidden Effects
March 6, 2014
Hidden Effects Of New California Minimum Wage Law
What Is An Integration Clause – And Why Should I Care?
February 28, 2014
Many written contracts include a short paragraph usually entitled "Entire Agreement" or "Integration Clause" that has legal ramifications that the parties should understand.
Contractual Arbitration Provisions Under California Law
Litigation,Real Estate,Business Transactions,Mediation
February 5, 2014
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.
Contesting a Petition for Adjudication as a Newspaper of General Circulation
Media & First Amendment,Lawyers and Attorneys
January 31, 2014
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
Litigation,Labor & Employment,Lawyers and Attorneys
November 26, 2013
Employers Beware - Potential Liability for Serving Alcohol at Holiday Parties
Calemine v. Samuelson- Duty to Disclose Prior Construction Defect Lawsuits
Litigation,Real Estate,Construction
October 15, 2013
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.
U.S. Supreme Court Delivers Body-Blow To Employee Class Action Litigation
August 8, 2013
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.
Employers Beware: Overtime Wages Must Be Paid to Salaried Employees
January 14, 2013
Assembly Bill No. 2103 amends Labor Code section 515
Tax Issues in Identity Theft
January 11, 2013
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.
Dog Beaten With Bat by Neighbor; Owner Recovers Emotional Distress Damages
November 27, 2012
emotional distress damages avaialble to pet owners
California Courts Narrowly Construe Covenants Not to Compete
November 21, 2012
California courts have narrowed an employer’s ability to restrict employee activities after termination.
Hiring a Disbarred Colleague May Jeopardize Your Own License
State Bar,Lawyers and Attorneys
November 20, 2012
Would you consider hiring a disbarred or suspended friend or colleague?
Circumventing Workers Compensation Preemption
Litigation,Business,Labor & Employment,Personal Injury,Construction
November 19, 2012
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.
Hiring a Contractor? Make Sure the Contractor Is Insured!
Litigation,Real Estate,Construction
November 2, 2012
If you'll be hiring a contractor to do work on your property, be certain you review their liability policy carefully.
Arbitrator Disclosures Give Rise To Litigation
Litigation,Writs & Appeals,Mediation
September 25, 2012
Court rules that arbitrators need not live in splendid isolation!
Modified Seller Held Note Subject to Anti-Deficiency Statutes
Litigation,Real Estate,Writs & Appeals
September 5, 2012
Modified Seller Held Note Subject to Anti-deficiency Statutes
Service and Repair Contracts – What is Required in California
August 30, 2012
Before you have a contractor begin any home improvements, there are some things you should know.
Sending a Debt Collection Letter to Debtor’s Place of Employment May Violate the Fair Debt Collection Practices Act
Litigation,Business,Lawyers and Attorneys
August 13, 2012
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."
Corporate Officer Liability for Failure to Supervise
August 10, 2012
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.
Salas v. Sierra Chemical Co. – Undocumented Workers May Be Precluded From Bringing Claims Against Employers
Litigation,Business,Labor & Employment
August 9, 2012
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.
The Property Information Sheet: A Trap for the Unwary Real Estate Broker
August 6, 2012
A standard real estate form known as the Property Information Sheet may create legal problems if not used properly by commercial real estate brokers.
Impulsive Use of E-Mails May Trigger a State Bar Inquiry
State Bar,Lawyers and Attorneys
July 19, 2012
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.
JURORS GONE WILD! Emotions Run Amok?
Litigation,Labor & Employment,News
May 21, 2012
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?
Tired of Residential Tenants Smoking in Your Rentals? Civil Code Section 1947.5
May 15, 2012
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.
CEQA Hits Home – Berkeley Hillside Preservation v. City of Berkeley
May 14, 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.
Freedom to Choose Your Roommate: Fair Housing Council of San Fernando Valley v. Roommate.com
Litigation,Real Estate,News,Writs & Appeals
April 30, 2012
Can the selection of a roommate give rise to a legal claim for discrimination? The Ninth Circuit recently weighed in.
What You Should Not Do When Trying To Collect On A Debt
Litigation,Business,Business Transactions
March 27, 2012
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:
Toyota Motor Corporation v. Superior Court – Corporate Person Most Qualified / Knowledgeable Depositions
March 6, 2012
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.
The Uncertainty of Litigation
February 29, 2012
Attorneys regularly counsel their clients regarding the unpredictability of juries. Less is said regarding the unpredictability of judges.
Report Someone to the IRS for Fun and Money
February 8, 2012
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.
Why is it Legal Malpractice?
Litigation,Lawyers and Attorneys
February 6, 2012
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.
Some are Slow Learners
Litigation,Media & First Amendment
February 3, 2012
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.
Is There Any Way I Can Get Out of My Lease?
Real Estate,Business Transactions
February 1, 2012
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?
Employers Beware – Provision in Employment Agreement Requiring Binding Arbitration May Be Unenforceable
January 13, 2012
Arbitration agreements in employment agreements may not be enforced, absent special care given by employers when hiring employees.
Check Marked “Paid in Full”: To Cash or Not to Cash?
Litigation,Business Transactions
January 4, 2012
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 Mechanic’s Liens and Bankruptcy
Litigation,Construction,Bankruptcy
December 28, 2011
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.
Homebuilders: Good News About Your Alternative Nonadversarial Prelitigation Contractual Provision
Business,Real Estate,Construction
December 20, 2011
The recent ruling in Baeza v. Superior Court upheld the alternative nonadversarial prelitigation contractual provision utilized by one homebuilder.
Is It Possible To Obtain A Prescriptive Easement Over An Existing Easement?
Litigation,Real Estate,Writs & Appeals
December 12, 2011
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.
Not All Arbitration Clauses Are Enforceable
Litigation,Business,Business Transactions,Mediation
December 8, 2011
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 Who Enter Business Agreements with Friends Should Use the Same Standards as Business Agreements with Clients
Litigation,State Bar,Real Estate,Business Transactions
November 21, 2011
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.
A Lender Owes No Duty to a Borrower to Disclose an Intent to Defraud the Borrower
November 16, 2011
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.
Finally, A Victory For The “Imperfect” Homeowner!
Litigation,Personal Injury,Real Estate
November 14, 2011
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.
Warning to Contractors and Material Suppliers: Your Workers’ Smoking May Be Hazardous to Your Wealth
Litigation,Labor & Employment,Real Estate,Construction
November 8, 2011
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.
Oops! Foreclosing Trustee Has to Eat Error
November 7, 2011
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.
Developers May Be Liable to Homeowners for Marketing to Sub-prime Buyers
Litigation,Real Estate,Business Transactions
October 19, 2011
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.
What is the Legal Value of a Cat?
October 13, 2011
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.
Dishonest Notaries Can Escape Civil Liability After 6 Years
October 10, 2011
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.
Landlord Responsibilities to Neighboring Properties for Problem Tenants
Litigation,Real Estate,Business Transactions
October 4, 2011
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 be