California Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in California
September 18, 2014 By The Evans Law Firm, Inc.
This month, legislators passed a bill entitled The Residential Care Facilities for Elders Reform Act of 2014 (ACT), effective July 1, 2015.
September 17, 2014 By The Evans Law Firm, Inc.
According to a recent MetLife study, financial elder abuse is reported to cost $2.9 billion each year – and it's increasing.
September 16, 2014 By The Evans Law Firm, Inc.
Whistleblowers now have up to five years to report fraud, abuse or waste.
September 15, 2014 By Martinez & Schill LLP
Ridesharing services have made major strides in transportation, but they also bring with them legal complications. It will be important for laws to adapt to the changes that companies like Uber and Lyft are bringing about and how this will reflect on car accidents when they occur.
September 11, 2014 By The Evans Law Firm, Inc.
Whistleblower Janet Keyzer awarded $730,000 after being wrongfully terminated for reporting unethical research methods used at UC Davis.
September 10, 2014 By The Evans Law Firm, Inc.
Nursing homes in LA discovered prematurely closing claims regarding elder abuse before completing investigation
When the partners in a group medical practice argue, usually it comes from one of these problem areas: control, compensation, exit. This article discusses control.
The compensation structure is the most interesting thing in a group medical practice (at least for me). In this article I offer a few compensation structures for your consideration. Read on, friend, if eat-what-you-kill sounds like your cup of tea.
It’s a nasty surprise to discover, after you’ve paid the purchase price for the business, that you must pay the seller’s debts and liabilities from before the closing.
How to avoid successor liability when buying a medical practice, specifically as regards provider numbers and taxes. It’s a nasty surprise to discover, after you’ve paid the purchase price for the practice, that you must pay the seller’s debts and liabilities from before the closing.
September 4, 2014 By The Evans Law Firm, Inc.
Whistleblowers brought two False Claims Act lawsuits for Medicare fraud against UnitedHealth Group, Inc. the first in 2011 and the second in 2014. The U.S. Department of Justice joins these whistleblower lawsuits against UnitedHealth Group, Inc. for Medicare fraud.
September 4, 2014 By Law Offices of Jual F. Reyes
Age discrimination is an employment issue that is commonplace in Los Angeles, California. It involves subjecting an employee who is 40 years of age or older to discriminatory actions in any aspect of his or her employment, from hiring to termination. But like any other form of discrimination in the workplace, it is considered illegal under prevailing federal and state laws.
August 29, 2014 By Martinez & Schill LLP
Youth football players are at risk for brain injury due to their sport, and a new law in California, AB 2127, seeks to reduce injuries to the brain, such as concussions, among young football players. California joins many other states in combating the growing concern that young football players are sustaining head injuries playing middle school and high school contact sports.
August 29, 2014 By The Evans Law Firm, Inc.
Status updates on proposed legislation for the Residential Care Facilities for the Elderly (RCFE) Reform Act of 2014 that are up for review at the next legislative session.
Studies Show Aging Causes Mental Impairment, Incompetency, and Lack of Capacity to Make Good Decisions
August 28, 2014 By The Evans Law Firm, Inc.
Studies show that aging has a negative effect on decision making abilities in elders. Elders should be aware of an increased risk of falling victim to fraud due to increasing inability to make good decisions.
August 28, 2014 By Law Office Of Mario Zapata
Any immediate family of active or veteran military member (or reservist) could benefit from Parole-in-Place and become eligible to acquire a green card.
August 26, 2014 By Law Offices of Jual F. Reyes
Living as a tenant in a apartment or house in California requires payment of monthly rent to your landlord. Clearly, it is your obligation to pay rent in exchange for living at a property that is owned by another.
August 14, 2014 By Law Offices of Jual F. Reyes
It is common knowledge that lawsuits brought by current or former employees are generally bad for an employer’s business. Employee lawsuits not only disrupt the daily operations within the company or organization, but they also are extremely costly to defend.
August 13, 2014 By Law Offices of Jual F. Reyes
No matter how careful while driving, there is always the possibility of becoming involved in a car accident. For most first-timers, an accident can be cause for fright and panic. Initially, drivers involved in accidents suffer shock as a result of the impact and then are forced to deal with physical injuries, property damage, and possible medical bills. The hassle of dealing with insurance companies and the other negligent driver can be confusing and time consuming.
August 12, 2014 By Law Offices of Jual F. Reyes
Retaliation takes place when an adverse action is taken against an employee for filing a complaint of discrimination or assisting another employee in his or her complaint of workplace discrimination.
August 6, 2014 By Law Offices of Jual F. Reyes
A landlord is a person or entity that owns a rental unit. A tenant is an individual that rents or leases the unit on a month-to-month or fixed term basis. Before renting a unit, the unit must be fit to live in or be in a habitable condition. The legal term, “habitable,” means that the rental unit is fit for occupation and that it complies with state and local laws that materially affect tenants’ health and safety.
August 4, 2014 By Kassouni Law
Should a property owner have to get a coastal development permit before he can close the gate to his private property? The Surfrider Foundation thinks so, and if it wins its current lawsuit against Vinod Khosla that could soon be the law of the land in California.
August 4, 2014 By Law Offices of Jual F. Reyes
Slip and falls are one of the leading causes of accidental injuries in the United States. In fact, these unfortunate instances account for nearly 9 million emergency room visits annually. While young and old people get involved in such mishaps, the elderly are considered high risk with one-third of those who are age 65 or older suffering falls every year.
July 31, 2014 By Summit Defense Attorneys
Child pornography offenses are one of the fastest growing crimes in California, with a 150% increase in detection and arrests each year. As more and more people are caught in police stings as a result of Task Force operations, it is increasingly apparent that people accused of this crime come from all walks of life.
July 30, 2014 By Law Offices of Jual F. Reyes
In California, the general rule is that employment is “at will” and therefore employers may terminate employees at any time and even for no reason. However, many employers fail to realize that an employee cannot be terminated for illegal reasons pursuant to applicable federal and state employment laws. In particular, California employers are prohibited from discharging employees because of their inclusion in a protected class.
July 25, 2014 By Summit Defense Attorneys
The San Francisco Bay Area has seen a recent change in way prostitution is being prosecuted. Traditionally, prostitution and solicitation of prostitution were charged as low level misdemeanors. However, defendants are now being charged with serious felonies. It is important to understand who can be charged with these crimes and why the authorities are changing their policies.
July 24, 2014 By Palmer Kazanjian
The issue of whether a worker is an independent contractor or an employee is currently on the minds of many business owners. In fact, the California legislature has recently established a strong disincentive for wrongly classifying individual workers as independent contractors.
July 23, 2014 By Russ Brown Motorcycle Attorneys
If you are unfortunate enough to suffer injuries and property damage as a result of somebody else’s negligence, the only thing the civil justice system permits by way of recovery is monetary compensation. Similar cases can have different results and, as such, it is important to do everything you can to obtain full value for your damages.
July 22, 2014 By Harvey I. Stern, Attorney At Law
This guide is a summary of the pertinent information that California homeowners and their agents are required by law to disclose to buyers.
July 21, 2014 By Law Offices of Jual F. Reyes
Sex discrimination is one of the most prevalent issues in the realm of employment. It involves preferential treatment favoring the male or female sex. The most common example of such discrimination is an employer’s preference of male employees over their female counterparts in various aspects of employment.
July 17, 2014 By Law Offices of Jual F. Reyes
Teenagers today in the United States are driving much less than their predecessors from three to four decades ago. However, there continues to be a disproportionately high risk of death and serious injury in accidents among teen drivers.
Homeowners and contractors need to read this guide before beginning a home improvement project.
Reverse mortgages can be a good option for homeowners at or near retirement age in need of additional income. But there are strings attached. Read on to learn what you need to know before starting the process.
It is imperative that construction contracts provide a clear and concise directive in dealing with the fluid course every project takes. Doing so will greatly aid in avoiding the confusion and mistakes that often lead to costly and laborious legal action between disgruntled parties.
July 14, 2014 By Law Offices of Jual F. Reyes
The state of California is one of the most liberal states in the country with respect to protecting employee rights in the workplace. In this regard, the failure to comply with state laws puts employers at risk of being sued in civil court and/or being the subject of investigations based upon employee administrative complaints submitted to state and/or local government agencies.
July 11, 2014 By Law Offices of Jual F. Reyes
Pursuant to the Fair Employment and Housing Act (FEHA), California employees with disabilities are protected from workplace discrimination, harassment, and retaliation. However, while the FEHA protects disabled employees all over the state of California, not all employees are aware of its coverage.
July 11, 2014 By Berger Kahn, A Law Corporation
Although percentage-based pay may create desirable incentives from an employer’s standpoint (and eliminate the need to pay employees for down time), this strategy can result in significant potential liability, including possible exposure to class action lawsuits. This may even be turning into a nationwide trend (with salon workers pursuing similar wage and hour claims in New Jersey and New York).
July 11, 2014 By Russ Brown Motorcycle Attorneys
Small Claims Court may be your only option when trying to recover damages from a motorcycle accident.
July 9, 2014 By Law Offices of Jual F. Reyes
California’s overtime law provides that every non-exempt worker is entitled to receive one and one-half times the regular rate of pay for every hour they work over 8 hours per day and/or 40-hours per workweek. If employers perform work over 12 hours during a single workday, they are entitled to twice the regular rate of pay.
The Supreme Court’s Decision in Susan B Anthony List v Driehaus -a Victory for Civil Rights Plaintiffs
July 1, 2014 By Kassouni Law
Say that you need a permit to pursue your chosen occupation, but you believe that the costly administrative procedure to acquire said permit is unconstitutional. You have been ticketed for operating without a permit, and have every reason to believe that you will be ticketed again, but you have yet to be arrested and thrown in jail. Can you bring a suit alleging the law to be unconstitutional, or do you first have to be arrested or submit to the costly permit procedure before you can sue?
June 27, 2014 By Gill Law Group, PC
Step by step processing of an I-130 petition at the United States Citizenship & Immigration Services (USCIS)
June 24, 2014 By Kassouni Law
California education employment codes found unconstitutional. Tenure struck down.
June 19, 2014 By Law Offices of Jacqueline Mary McQuigg & Associates
What is foreclosure? - To foreclose on property is for a creditor to assert a claim of right, given by the owner of property to a creditor, to transfer interest in property to the creditor in the event the present owner (borrower) fails to pay an obligation, usually created by a loan agreement or promissory note. In short, in most cases, it is when a lender takes property from its owner and sells it in order to satisfy an unpaid debt.
June 17, 2014 By Matt Dickstein, Business Attorney
When the partners in a health care practice argue, usually it comes from one of these problem areas: control, compensation, exit. Today Iï¿½ll talk about control.
June 9, 2014 By Fulcrum Inquiry
In association with general cost cutting measures over recent years, many companies have pressured their vendors to reduce fees. This downward pressure has extended to the accounting firms hired to provide independent audit opinions, resulting in a significant drop in audit fees. According to Audit Analytics, audit fees in 2012 were $472 per $1 million of revenue, the lowest amount since 2004. The question is whether audit quality has been sacrificed in order to achieve these reductions.
June 9, 2014 By Law Office of Jeff R. Layfield
With divorce effecting over three quarters of marriages nowadays, there is a constant demand for answers to the unknowns. Oftentimes, the most important, and stressful, unknown that couples face when encountering a divorce is monetary issues.
June 9, 2014 By Bisnar Chase Personal Injury Attorneys, LLP
A driver was seriously injured in a Riverside County car accident, which officials say, involved a suspected drunk driver. According to a news report in The Press-Enterprise, the major injury collision occurred on the Highway 74 at Trellis Lane.
June 4, 2014 By Paul Staley, Attorney at Law
When you think about filing bankruptcy you really want to understand all your options. This is the quick overview of bankruptcy vs other other options.
June 3, 2014 By Akopian Law Firm
Those individuals, who want to move permanently to any state, require immigrant visas. The process is long and complicated, and if you are interested in getting immigrant visa to live legally in CA, the United States, you definitely need to hire immigration attorney in California.
May 31, 2014 By Akopian Law Firm
Keep in mind that it’s not that easy to choose a skilled professional among the great variety of the immigration lawyers in California. If you want to change your residency status in the United States, you should approach the matted correctly and consider the great amount of the paperwork you’ll have to deal with. The right lawyer will ensure that your case can be managed timely and without any inconvenience.