Most of us engage in contracting almost every day. Whether it is your purchase agreement for a streaming service, a contract for sale of a house, even a cup of coffee on your way to work is a contract for the sale of goods. Contracts in their simplest form are just an exchange of promises…. Read More
When you promise to do nothing: illusory promises.
December 18, 2020,
Do Grandparents Have Rights to Visitation With A Grandchild?
December 8, 2020,
Unfortunately, a dispute may arise between a child’s parents and grandparents, to the point where a parent may refuse the grandparent to see their child. In California, courts have the ability to order visitation for a grandparent. Parents have constitutional due process rights to make decisions about who, how and when their children should see… Read More
Remote Depositions
November 16, 2020,
With the onset of Covid-19 and its accompanying changes to how we work, what do you do when it comes to taking and defending depositions? Many attorneys and their clients are reluctant to conduct in person depositions. As a result, video conferencing services, such as Zoom, Cisco Webex, and Skype, are now the new normal… Read More
Determining Child Support When a Parent(s) is a Military Member
November 6, 2020,
Veterans Day is a federal holiday celebrated each year on November 11th as codified in Title 5, U.S. Code, section 6103. It was originally established as Armistice Day to recognize the signing of the armistice ending World War I, which was executed in the 11th hour of the 11th day of the 11th month in… Read More
The Applicability of a Force Majeure Clause in Lease Agreements
October 9, 2020,
Force majeure clauses allocate risk between the parties when an unanticipated event makes performance impossible or impracticable. The principle underlying the doctrine is simple and is set forth in California Civil Code § 3526, which states that “[n]o man is responsible for that which no man can control.” Generally, a force majeure clause is triggered… Read More
Why a Homestead Exemption?
September 25, 2020,
For most Americans, their home is their most valuable asset. One of the biggest questions that any person who is considering bankruptcy or is facing mounting debts with aggressive creditors will ask is, “Will I lose my house?” Filing a homestead exemption may provide protections from certain creditors and keep the equity in your home… Read More
COVID-19 and the Statute of Limitations
September 11, 2020,
How has the pandemic, COVID-19, affected a person’s ability to file a lawsuit? Governor, Gavin Newsom issued shelter-in-place orders on March 19, 2020. And from those orders, some counties shut down their courthouses, and some did not. Our local court, Kings County Superior Court, remained open throughout the spring and summer. But since, some courthouses… Read More
New Statewide COVID-19 Tenant and Landlord Protection Legislation on August 31, 2020
September 1, 2020,
On August 31, 2020, Governor Gavin Newsom and the California legislature enacted the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020. This legislation has been touted to protect millions of tenants from eviction and property owners from foreclosure due to the economic impacts of COVID-19. It is important to note that these… Read More
Temporary Emergency Rules on Evictions and Foreclosures are Set to End on September 1, 2020
August 21, 2020,
The Judicial Council of California voted on August 13, 2020, to end two (2) temporary emergency rules governing evictions and judicial foreclosures at midnight on Sept. 1, 2020. Emergency Rule 1 has made it nearly impossible to evict tenants during the current COVID-19 pandemic, which was originally set to remain in effect until 90 days… Read More
What is Eminent Domain?
July 31, 2020,
Eminent Domain is the power of the government to acquire private property for public use under the theory that this power is an attribute of the sovereignty of the government. The private landowner, however, is protected by the Fifth and Fourteen Amendments to the U.S. Constitution, which states that “nor shall private property be taken… Read More
Bankruptcy: You may be able to keep your home and car
July 10, 2020,
Have you been thinking about bankruptcy? You are not alone. While employment statistics reported in June of 2020 were slightly better than May, California’s unemployment rate was still at 16.3% and over 3 million fewer Californians are currently employed compared to last year (source: California’s Employment Development Department press release, June 12, 2020). In economically… Read More
Small Business Benefits Under the CARES Act
April 7, 2020,
The Coronavirus Aid, Relief, and Economic Security Act, or CARES Act, was signed into legislation on March 27, 2020, and was intended to redress some of the economic pain our nation is suffering as a result of COVID-19. This article will address three sections of the CARES Act aimed at helping small businesses during these… Read More
In response to the escalating spread of the COVID-19 virus, and to reduce the impact of the virus on families and the economy, Congress passed and President Trump signed into law the Families First Coronavirus Response Act. Known as the Families First Act, the law creates expanded employee benefits and protections related to COVID-19, including… Read More
Owner Liability for Dog Bites in California
March 13, 2020,
Overview of Recent Changes in Employment Law in California for 2020
February 28, 2020,
The new year is fast-approaching and employers should be aware that several new labor and employment laws will become effective when the clock strikes midnight and the last of the confetti falls. In fact, the California legislature and Governor Newsom passed several significant laws this year that will go into effect on January 1, 2020.
California’s New DUI Law and Ignition Interlock Devices
November 22, 2019,
Settling Divorce Actions Between Military Service Members by Default
November 12, 2019,
The Servicemembers’ Civil Relief Act (SCRA) is a federal law (50 U.S.C. §§ 3901-4043) that provides a wide range of benefits and protections to those in military service. The SCRA also provides certain benefits and protections to dependents and, in certain instances, to those who co-signed a loan for, or took out a loan with,… Read More
Can an Employer Be Found Liable For The Sexual Harassment of Its Employees By Customers or Clients?
October 28, 2019,
When one thinks of sexual harassment at work, the visual that comes to mind is a boss or co-worker being the offender. However, a customer or client may be the person treating the worker improperly. Depending on the situation, reporting such issues to management may be even more difficult than reporting on a supervisor or… Read More
Drug Testing for Parents in Family Court
October 18, 2019,
New Changes to Response Times for Unlawful Detainer Actions
October 4, 2019,
In California, when a landlord wants a tenant to vacate their leased premises, a landlord may have to have court involvement and file an unlawful detainer (“UD”) action to have the tenant removed. A UD action can be initiated for a variety of things, but the most common actions stem… Read More
Wage and Hour Expanded – Do You Owe Your Salaried Employees Overtime?
September 27, 2019,
There’s a commonly held belief among both employers and employees that salaried employees are not entitled to be paid overtime, however, this isn’t always true. In fact, the amount you have to pay an overtime exempt employee from year-to-year has probably changed a lot since the last time you thought about making your valued employee a salary man… Read More
What Happens to Our Pets During Divorce?
September 20, 2019,
Going through a divorce can be a difficult process. No one enjoys dividing their property and it is especially emotional discussing custody plans for your children, but what about your family pet(s)? Because California is a community property state, the courts recognize pets as personal property and when a couple divorce, each spouse is entitled… Read More
Post Judgment Relief in Criminal Matters, Part One
September 17, 2019,
Wage and Hour Claims
September 13, 2019,
As an employer, state and federal laws establish how much an employee can work and how an employee must be compensated for those hours worked. Failing to follow these laws allows an employee to sue the employer, and in some instances, the employer could be subjected to civil and/or criminal penalties.