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- California Litigation Attorney Blog Now Live!
- Construction Lenders Beware of California Civil Code section 3137(c)
- Corporate Formalities Checklist: Comply with Corporate Formalities to Ensure Limited Liability
- Evidence at State Bar Disciplinary Hearings Changing in 2011
- Nigerian E-mail Scam Victim Sues Bank, Loses Appeal
- Think Twice Before Suing a Newspaper!
- Employers- Avoid the Million Dollar Liability in Your Paychecks
- Charging Minors Admission to a House Party? Social Host Immunity from Liability Remains
- Employer Sues Fired Employees for Defamation- Defeats their Anti-SLAPP Motion
- How Bankruptcy Affects Tax Obligations for Individuals and Sole Proprietors
- The Preliminary 20-Day Notice, Mechanic’s Liens and Stop Notices: California Civil Code sections 3097 & 3097.1
- Too Quick to Sue a Newspaper: Anti-SLAPP Part Two
- Proposed California SB 6: Beware of Fraudulent Real Estate Appraising
- Developers Beware! Comply with the California Environmental Quality Act or Go Broke
- You Can Pay Me Now or You Can Pay Me Later
- Right to Arbitrate May be Waived by Proceeding With a Lawsuit
- Private Letter Rulings from the IRS
- Terminating Employee Shortly After Complaint to HR Exposes Employer to Liability
- Debt Consolidation v. Bankruptcy: Weighing Your Options
- Bonded Stop Notice Claimants Must Serve Proper Office of Bank or Construction Lender
- Allowable Tax Deductions for Business Expenses
- Brinker v. Hohnbaum – Employers May Be Required to Ensure that Employees Take Meal Breaks
- The Business of California Medical Marijuana Cooperatives and Collectives
- Duran v. U.S. Bank – Can Class Action Plaintiffs Use Statistical Sampling to Prove Liability?
- But a Deal is a Deal, Right?
- Foreign Account Holding Can Come in from the Cold
- Homebuilder Alert: Your Home Sales Contract May Not Protect You
- Non-Compete Clauses After Edwards v. Authur Andersen LLP
- Home Buyers Beware: Sellers Can Lie and Get Away With It!
- Circular 230 – Regulation of Practice Before the IRS
- Truck Drivers Parked Alongside Freeways Owe a Duty to Motorists
- The Consequences of a “Failed” Mediation
- Homeowner Sued by Subcontractor’s Injured Employee
- What Must an Employer Do When a Non-Employee Harasses an Employee?
- The Perils of Procrastination – Misunderstanding a Statute of Limitations
- IRS Codification of the Economic Substance Doctrine Imposes New Penalties
- One Year to Sue A Lawyer for Malicious Prosecution – Statute of Limitations Explained
- I Might Not Get Paid Anything?
- Creditor Twenty-Day Claims and the Bankruptcy Code: “Goods” or “Services”?
- Preparing Your Own Will or Trust Without Consulting a Lawyer Is a Risk Not Worth Taking
- Ending the Business Marriage – Dissolving the Partnership
- IRS Appeals Procedure
- Take It Back!
- Trees May Be a “Spite Fence”
- Pension Benefits of Public Retirees Not Private
- The Law of Suspended Corporations in California
- Do I Have to Pay my Disbarred Lawyer?
- The Business of California Medical Marijuana Cooperatives and Collectives, Part II: Local Ordinances
- California Employers Wrestling With How to Control the Social Media of Their Staff
- Will Questions About 998 Offers Ever Cease?
- Union’s Personal Attacks on Managers Have Limits
- Should I Provide My Zip Code To Retailers Who Ask?
- Forming a Tax Exempt Organization
- California Public Records Act Applies to Bar Admission Documents – Sander v. State Bar of California
- Anti-Retaliation Statute Applies Both to Written and Oral Complaints
- Disobeying Motion In Limine is Attorney Misconduct
- Sole Shareholder of Corporation Is Not Liable for Employment Discrimination in the Absence of Alter Ego Liability
- Tax Practitioner’s Duty to Disclose under Circular 230
- When Is a Deposit Not a Deposit? When it is in Conjunction with the Purchase of Property
- Innocent Spouse Relief Extended by IRS
- Trees Saved From Slaughter!
- A Judicial Foreclosure Sale Tale: Training for Deputies
- California SB 86 Tries Carrot and Stick Approach to Tax Shelters
- Fee Disputes Between Lawyers and Their Clients: Deadbeat Clients Beat Back Against Their Lawyers
- Buy-Sell Agreements: An Introduction – Part I
- Statements About Candidates at Homeowner Association Meetings are Privileged – Cabrera v. Alam
- How to Collect a Debt
- Jumbled Document Production Equals $74,809 In Sanctions
- Vacation Time Disguised as a “Sabbatical” May Require Employee Compensation Upon Termination
- Law Clerk Claims Not to be a “Professional,” Loses Appeal
- Unlicensed Contractors Can Agree to Binding Arbitration
- HOA Fees are Non-Dischargeable in Bankruptcy
- Landlord Responsibilities to Neighboring Properties for Problem Tenants
- Dishonest Notaries Can Escape Civil Liability After 6 Years
- What is the Legal Value of a Cat?
- Developers May Be Liable to Homeowners for Marketing to Sub-prime Buyers
- Oops! Foreclosing Trustee Has to Eat Error
- Warning to Contractors and Material Suppliers: Your Workers’ Smoking May Be Hazardous to Your Wealth
- Finally, A Victory For The “Imperfect” Homeowner!
- A Lender Owes No Duty to a Borrower to Disclose an Intent to Defraud the Borrower
- Attorneys Who Enter Business Agreements with Friends Should Use the Same Standards as Business Agreements with Clients
- Not All Arbitration Clauses Are Enforceable
- Is It Possible To Obtain A Prescriptive Easement Over An Existing Easement?
- Homebuilders: Good News About Your Alternative Nonadversarial Prelitigation Contractual Provision
- California Mechanic’s Liens and Bankruptcy
- Check Marked “Paid in Full”: To Cash or Not to Cash?
- Employers Beware – Provision in Employment Agreement Requiring Binding Arbitration May Be Unenforceable
- Is There Any Way I Can Get Out of My Lease?
- Some are Slow Learners
- Why is it Legal Malpractice?
- Report Someone to the IRS for Fun and Money
- The Uncertainty of Litigation
- Toyota Motor Corporation v. Superior Court – Corporate Person Most Qualified / Knowledgeable Depositions
- What You Should Not Do When Trying To Collect On A Debt
- Freedom to Choose Your Roommate: Fair Housing Council of San Fernando Valley v. Roommate.com
- CEQA Hits Home – Berkeley Hillside Preservation v. City of Berkeley
- Tired of Residential Tenants Smoking in Your Rentals? Civil Code Section 1947.5
- JURORS GONE WILD! Emotions Run Amok?
- Impulsive Use of E-Mails May Trigger a State Bar Inquiry
- The Property Information Sheet: A Trap for the Unwary Real Estate Broker
- Salas v. Sierra Chemical Co. – Undocumented Workers May Be Precluded From Bringing Claims Against Employers
- Corporate Officer Liability for Failure to Supervise
- Sending a Debt Collection Letter to Debtor’s Place of Employment May Violate the Fair Debt Collection Practices Act
- Saying “I do” Isn’t All You Need To Do: Tax Tips
- Corporations Take Risks by Bringing E-discovery In-House
- Court Holds That Corporation That Files Lawsuit Cannot Continue to Pursue the Lawsuit if it Files a Certificate of Dissolution While the Lawsuit is Pending
- Service and Repair Contracts – What is Required in California
- Modified Seller Held Note Subject to Anti-Deficiency Statutes
- Arbitrator Disclosures Give Rise To Litigation
- Hiring a Contractor? Make Sure the Contractor Is Insured!
- Circumventing Workers Compensation Preemption
- Hiring a Disbarred Colleague May Jeopardize Your Own License
- California Courts Narrowly Construe Covenants Not to Compete
- Dog Beaten With Bat by Neighbor; Owner Recovers Emotional Distress Damages
- Rule 4-400 Prohibits an Attorney from Inducing a Client into Making a Substantial Gift to the Attorney
- The Perils of Acting as an “Owner-Builder”
- Tax Issues in Identity Theft
- Employers Beware: Overtime Wages Must Be Paid to Salaried Employees
- The Tax Cost of Litigation Part I
- The Tax Implications of the $1M Reward for Christopher Dorner’s Capture
- U.S. Supreme Court Delivers Body-Blow To Employee Class Action Litigation
- Calemine v. Samuelson- Duty to Disclose Prior Construction Defect Lawsuits
- Employers Beware – Potential Liability for Serving Alcohol at Holiday Parties
- Michaelis v. Benavides – The Corporate Shield as a Sieve – Limited liability – Who knew?
- A Writ of Attachment May Increase Your Chance To Collect Damages
- Compelling Nonsignatories To Arbitration – Boucher v. Alliance Title
- Contesting a Petition for Adjudication as a Newspaper of General Circulation
- Contractual Arbitration Provisions Under California Law
- What Is An Integration Clause – And Why Should I Care?
- California Minimum Wage Law (2014): The Hidden Effects
- Protecting Trade Secrets From Use by Former Employees
- Employees Training/Education Cost Repayment Contracts
- Employer Class Action Certification
- Taxing Scandals: The Blog that Looks at Tax Consequences of the Latest Tabloid Scandals – Donald Sterling and His Silent Partners
- Should Lawyers “force” their clients to mediate?
- Prop. 8 Mandates Annual Reassessments, Are California Assessors Ignoring The Law?
- When is a Lis Pendens effective? When it’s indexed!
- Proper Venue to File California Lawsuit
- Proceed Carefully with Malicious Prosecution Actions Arising out of Family
- Builders Rejoice? SB 800 Not Dead Yet!
- Lawyers: You Need a General/Ethics Counsel!!!
- The Potential Impact of Individual Liability Under the Fair Day’s Pay Act
- New California Minimum Wage Effects More than Just Entry-level Employees
- Property Taxes: Falling Values Whither Due Process?
- California Code of Civil Procedure § 1030 Motion Explained
- Ukkestad Provides Opportunities for the Heggstad Petitioner
- New California Minimum Wage Effect On Split Shift Employees
- All Employers Should Adopt A Written Policy to Address Questions About Former
- Confidentiality Clauses in Settlement Agreements
- Employers Must Wait Until After An Offer of Employment Has Been Extended Before Verifying Residency Under the E-Verify System
- The Americans With Disabilities Act – Protecting Yourself From Unknown Violations
- Beware of Inadvertent Judicial Admissions, Plaintiff’s Allegation Deemed a Judicial Admission
- Rights of Rescission on Contract Entered Into With a Corporation That is Suspended
- Employee Cell Phone Usage May be Reimbursable – Cochran v. Schwan
- Immigration Law: An Overview for Every Practitioner
- Employment-Based Immigration.
- UPDATE WRITTEN POLICIES TO COMPLY WITH NEW FEHA REGULATIONS REGARDING HARASSMENT AND DISCRIMINATION
- Being “Offended” as an Impediment to Settlement
- Forming A New Business Entity? Why Seeking The Assistance Of An Attorney Could Save You Headaches In The Future.
- How Do I Remove the Conditions on My Residence Based on Marriage?
- USCIS ANNOUNCES AN INCREASE IN FILING FEES
- ¿Es usted elegible para auto-petición bajo la Ley de Violencia contra la Mujer (VAWA)?
- Are You Eligible to Self-Petition Under the Violence Against Women Act (VAWA)?
- LAS ÓRDENES EJECUTIVAS DE INMIGRACIÓN DEL 25 DE ENERO DEL 2017: ¿CÓMO LO IMPACTAN A USTED?
- THE JANUARY 25, 2017 IMMIGRATION EXECUTIVE ORDERS: HOW DO THEY IMPACT YOU?
- Defense and indemnity provisions in construction agreements often misunderstood to the detriment of subcontractors.
- Las Implicaciones Constitucionales de la Tercera Orden Ejecutiva de Inmigración.
- THE CONSTITUTIONAL IMPLICATIONS OF THE THIRD IMMIGRATION EXECUTIVE ORDER
- TRAVEL BAN 2.0 SIGNED BY PRESIDENT TRUMP
- ORDEN EJECUTIVA NÚMERO 2 PROHIBIENDO VIAJE A LOS ESTADOS UNIDOS
- LAS OBLIGACIONES DE UN PATROCINADOR BAJO UN CONTRATO DE SOSTENIMIENTO NO SE TERMINAN CON EL DIVORCIO, PERO HAY DEFENSAS BASADAS EN CONTRATO.
- A SPONSOR’S OBLIGATIONS UNDER AN AFFIDAVIT OF SUPPORT DO NOT END WITH DIVORCE BUT CONTRACT-BASED DEFENSES ARE AVAILABLE.
- Nonexempt Salaried Employees Entitled to Overtime and May Recover Damages Without Proof of Hours Worked
- ¿HA SIDO USTED VÍCTIMA DE UN DELITO SERIO? SI ES ASI, USTED PUEDE SER ELEGIBLE PARA BENEFICIOS DE INMIGRACIÓN BAJO LA VISA “U”.
- HAVE YOU BEEN THE VICTIM OF A SERIOUS CRIME? IF SO, YOU MAY BE ELIGIBLE FOR “U” VISA IMMIGRATION BENEFITS.
- HACERCE CIUDADANO DE LOS EEUU: EL CAMINO DE RESIDENTE PERMANENTE A CIUDADANO DE LOS ESTADOS UNIDOS NO ES TAN DIFÍCIL COMO USTED PUEDE PENSAR
- BECOMING A U.S. CITIZEN: THE PATH FROM LEGAL PERMANENT RESIDENT TO UNITED STATES CITIZEN IS NOT AS DIFFICULT AS YOU MAY THINK
- UNA RAREZA DE INMIGRACIÓN: EL “NIÑO” DE 21 AÑOS.
- AN IMMIGRATION ODDITY: THE 21-YEAR-OLD “CHILD”.
- Empleadores: Cuando el gobierno llegue a su puerta, ¿estarán preparados?
- Employers: When the government comes knocking, will you be prepared?
- Shareholder Derivative Lawsuits and the Pre-Filing Requirements of Corporations Code §800(b)(2)
- Public Charge Inadmissibility Rule: When Does It Go Into Effect?
- Regla de Inadmisibilidad Por Motivos de Carga Pública: ¿Cuándo Entra en Vigencia?
- EMPLOYER HANDBOOKS DON’T NEED TO BE PERFECT
- COVID-19 Employer Practices
- Justified Nonperformance of Contracts in a Time of Crisis
- ORDER OF THE HEALTH OFFICER OF THE COUNTY OF RIVERSIDE CANCELLING ALL GATHERINGS WITH EXPECTED PRESENCE ABOVE 10 INDIVIDUALS
- Business Interruption Insurance Claims- The Next Wave of Anticipated Litigation
- COVID-19 and Public Charge
- COVID-19 y Carga Pública
- Court Closures cause Judicial Council of California to Amend the California Rules of Court
- Eviction Moratorium Laws: What Do They Mean for Tenants and Borrowers?
- Moratoria Contra Desalojo: ¿Qué significan estas leyes para inquilinos y prestatarios?
- CALIFORNIA’S SB 939: AN END TO COMMERCIAL LESSEE RENT OBLIGATIONS?
- WHAT IS A TRUSTEE? WHY DO I NEED ONE? (Part 1)
- California’s Senate Bill 939 is Not the Answer to Lift the Economy.
- RENEGOTIATING COMMERCIAL LEASES DURING THE COVID-19 PANDEMIC: COLLABORATE, COLLABORATE, COLLABORATE
- EMPLOYERS MAY NEED TO BEGIN PAYING EMPLOYEES FOR TRANSPORTING EMPLOYER TOOLS, PARTS, AND EQUIPMENT
- Reopening the Economy: A Tricky Balance of Enticing Customers Back While Offering a Safe Work and Business Environment
- WHAT DOES THE TRUSTEE OF A FAMILY TRUST DO? (Part 2)
- MECHANIC’S LIEN LITIGATION PRIVILEGE ABSOLUTE
- EMPLOYEES WHO LIVE AND WORK PREDOMINATELY OUTSIDE OF CALIFORNIA ARE NOT ENTITLED TO CALIFORNIA COMPLIANT WAGE STATEMENTS
- Code of Civil Procedure § 2016.090: The State Court’s Equivalent of FRCP Rule 26 Initial Disclosures?
- THE INCONSPICUOUS FROG CASE – ARBITRATION, DUE PROCESS, AND ATTORNEY’S FEES AND COSTS
- EMPLOYERS SHOULD REQUIRE MINOR EMPLOYEES TO EXECUTE NEW EMPLOYMENT-RELATED AGREEMENTS UPON TURNING EIGHTEEN
- WHAT IS THE STATUTE OF LIMITATIONS FOR SUING ON A PROMISSORY NOTE SECURED BY A DEED OF TRUST TO REAL PROPERTY?
- A TREE GROWS IN BIG BEAR: LEGAL ISSUES RELATING TO A TREE THAT SITS ON THE BOUNDARY OF TWO OR MORE ADJOINING PROPERTIES
- IMMIGRATION 2021: DACA FORTIFIED, ENFORCEMENT PRIORITIES REVERSED
- LOCAL PRE-TRIAL RULE 3401 AND THE LESSONS OF REALES INVESTMENT V. JOHNSON (2020) 55 CAL.APP.5TH 463
- EMPLOYERS MUST BE CAREFUL WHEN ROUNDING EMPLOYEE TIME PUNCHES
- My Commercial Tenant Won’t Pay Their Rent! Can I Evict Them?
- More Support for Policyholders Seeking Coverage for Pandemic Losses
- COMPLIANCE WITH IMMIGRATION LAWS IS NOT JUST FOR THOSE EMPLOYERS HIRING FOREIGN EMPLOYEES
- GIVE ME MY STUFF BACK! – HAS A CREDITOR VIOLATED THE AUTOMATIC STAY BY REFUSING TO RETURN YOUR PROPERTY AFTER YOU FILED FOR BANKRUPTCY?
- Shhh…Quiet, Title! When “Ancient” Mortgages or Deeds of Trust Come Back to Haunt You
- LIS PENDENS (“A SUIT PENDING”) AND THE PERILS OF NOT MEETING THE “REAL PROPERTY CLAIM” REQUIREMENT
- Power of a Buy-Sell Agreement
- Unmarried Couples Buying Real Property Together Without Getting Burned
- Bad Faith Trade Secret Misappropriation Claims May Leave You on the Hook for Attorney’s Fees
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