California Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in California
October 24, 2016 By John M. O'Brien & Associates
Driving is like breathing for most Californians: we use our cars in every aspect of our daily lives. However, no matter how experienced you are with driving or how stringently you observe the law, you have no control over how others drive. When you or a member of your family have been injured in a car accident as a result of another's negligence, you should consult with an attorney to understand all of your legal rights and options for holding responsible parties accountable for your losses.
October 24, 2016 By The Law Offices of R. Sebastian Gibson
The 2017 new California law restricting cell phone use in cars was designed to further reduce the number of auto accidents and injuries caused by the use of cell phones. Starting January 1, 2017, it will be a violation of the California vehicle code not simply if a driver texts someone while driving but in many other instances. While the intent of the law is admirable, the new law unfortunately may do little to reduce the number of cell phone accidents and injuries.
October 19, 2016 By Law Offices of J. Chrisp
If you were injured on the job, you are entitled to restitution through workers compensation insurance. Typically, employees will file an accident report prior to filing their workers compensation claim. At that point, the injured worker is entitled to receive a portion of his or her wages, in addition to medical care until reaching the maximum level of recovery.
October 12, 2016 By The Law Offices of R. Sebastian Gibson
One might have thought it would be easy to settle an Uber accident claim or lawsuit in California. After all, California now requires increased amounts of insurance coverage for Uber accidents. However, there’s nothing simple in resolving an Uber car accident case and the difficulties are only going to increase substantially when Uber cars become self-driving. More than ever, victims of Uber auto accidents need experienced Uber car accident personal injury lawyers.
October 6, 2016 By Syndicate Legal
Bankruptcy and Divorce can go hand in hand. The timing of which to do first can be a difficult decision and can have a major impact on your finances going forward. In this post we will discuss things to consider when deciding whether to file bankruptcy or divorce first.
October 5, 2016 By Law Office of Laurence J. Brock
When divorcing, you hire a divorce attorney to do the things you are unable to do. The first and most important duty an attorney has is to help you navigate the often complex family law court system. Hiring a divorce attorney provides you with the best opportunity to successfully proceed with your case, giving you a much better chance for a positive outcome.
October 3, 2016 By The Sehat Law Firm, PLC
Police brutality in the United States has always been a huge problem, though it is more visible now that widespread ownership of handheld electronic devices gives ordinary people the unprecedented power to record instances of police using extreme force against the unarmed and the powerless.
September 21, 2016 By Gehres Law Group, P.C.
Lawsuits are expensive, as we all know, and as experienced business law litigators, we frequently find ourselves advising our business clients to settle their claims, usually at some reduced value, rather than pursue expensive, distracting litigation. But sometimes, even where your adversary is willing to agree to pay a reasonable settlement amount, filing a lawsuit may be advantageous.
September 21, 2016 By Law Office of Laurence J. Brock
If you feel that your child is not receiving the appropriate level of education because a school or district has denied them either correct placement or classes for their special educational needs, you have the right to remedy the situation by filing a claim and requesting a hearing. The process can be complex, and you must be properly prepared, which makes it within your best interests to hire a special education attorney.
September 16, 2016 By Gehres Law Group, P.C.
Big rewards can be reaped by owning investment properties, but so too can big risks. One common threat real estate investors wish to avoid is personal liability for judgments resulting from a lawsuit.
September 13, 2016 By Gehres Law Group, P.C.
You have gone through the painstaking process of starting a business, developing a brand for your business, namely, your business’ trademark, invested significant time and resources into this development, and suddenly you discover another business is using your exact trademark or a similar one. What can you do?
September 6, 2016 By Napolin Law Firm
To successfully recoup medical expenses from your personal injury insurance claim. a claimant must satisfy the adjuster that the medical treatment was necessary and that the charges were reasonable. Most injury victims have issues doing so because they do not understand the criteria by which an adjuster reviews their claim. The frustration leads to hiring a car accident attorney to prove the value of the claim. It is important to understand what is necessary to prove past medical expenses.
August 31, 2016 By Gehres Law Group, P.C.
It is often the case that a purchaser of a business does not have the resources for a full cash sale and will request that the seller finance some of the purchase price. This can be advantageous for both parties, but requires that the parties consider a number of issues, as we highlight in this article.
August 30, 2016 By JGPC Lawyers
One type of entity people sometimes ask us about is the California statutory “close corporation.” In general legalese a “close corporation” means a closely held corporation, a corporation that has only a few shareholders, usually people who work for the corporation.
August 26, 2016 By Watkins Firm, A Professional Corporation
Individuals and business interests in San Diego are often denied coverage under valid insurance policies. The first question to be answered is: “Does the coverage in my policy cover the specific circumstances of my claim?” The second question to be answered is: “Is the insurance company acting in good faith with respect to my policy claim?”
August 26, 2016 By Watkins Firm, A Professional Corporation
What constitutes insurance “bad faith” in California? What can a policy holder do to hold an insurance company responsible and accountable for the protections of a valid policy? California insurance law is quite complex, and a policy holder should never attempt to interpret or take action against an insurance company without strong legal advice and representation.
August 19, 2016 By Power Legal Group, PC
It’s all fun and games until someone slips and falls. Sometimes it’s just not your fault, and there is no way you could have avoided the fall. In cases like these you may be able to take legal action against the owner or the person responsible for the accident.
August 17, 2016 By Felahy Employment Lawyers
What are gag rules? Is there one on the books in your workplace? A lot of bosses put these kinds of rules in place without knowing that anything is wrong. But actually, preventing employees from discussing wages and working conditions with one another is against the law.
August 12, 2016 By Gehres Law Group, P.C.
If you are selling or leasing your home, you must comply with the Real Estate Transfer Disclosure Law. That law requires that sellers provide the prospective buyer with a Real Estate Transfer Disclosure Statement (“TDS”).
August 11, 2016 By Kuzyk Law, LLP
Slip and Fall Injuries Say you slip on the bottom step in the stairwell at the mall and fall over, landing on your knees. There was a puddle you didn’t see in the dark stairwell. It hurts, but you get over it. Three weeks later, you wake up with agonizing back pain.
August 11, 2016 By Kuzyk Law, LLP
It's been a long trial and things look good. The jury seems to be siding with the plaintiff in a personal injury case. It was proven the injuries sustained by the plaintiff were a direct result of the traffic accident. But then the defense provides a Snapchat photo of the plaintiff.
August 8, 2016 By Felahy Employment Lawyers
A judge from the federal district of southern New York has decided to invalidate evidence obtained through the use of a cell phone tracking device. This decision may serve to clarify rules about when it is appropriate to use such technology with and without a warrant.
Many probate and estate planning attorneys act as if everyone should have a trust yet most Americans don’t even have a simple hand written will. Given that trusts can easily cost thousands of dollars in legal fees, it’s a big purchase that shouldn’t be taken lightly, consider the consequences if you do not have a proper trust:
The number one misconception people have about probate is that having a will means no probate; all wills go to probate, whether it was a handwritten or typed, primarily because only the judge can sign over the assets to the beneficiaries.
What Should I Ask an Attorney that Handles Probate and Estate Planning? Ask about their experience; ask them how many probates have they handled in the last 10 years, and ask if they’ve been sued for one.
Today it's more important than every before to plan your estates. People are living longer and thus acquiring more assets, it is imperative that you protect those assets.
Employers and employees alike should be aware of the not-so-new litigation device known as the anti-SLAPP motion to strike. This motion, typically filed in the early stages of a case, is designed to strike a Complaint before it gets off the ground.
Probate is a division of the Superior Court of the State of California. The Probate court has jurisdiction over what are deemed “legally incompetent parties”, generally that includes deceased, disabled, and incapacitated persons. The responsibility of the Probate court is to protect these individuals and their assets.
Last fall, the SEC initiated disciplinary proceedings against financial advisor and self-proclaimed “Financial Myth Buster” Dawn Bennett, accusing her of publicly inflating her client assets under management (or “AUM”) and exaggerating her investment returns.
Everyone knows that litigation is an expensive distraction from the true mission of any business. Good management, with well drafted contracts and employee supervision, go a long way to minimize lawsuits. However, despite the “best laid plans”, things happen.
Estate planning clients often have a lot of questions about their obligations as a trustee of their living trust. Where the acting trustee is also the creator or “grantor” of the trust, the trustee typically has plenary power to act on behalf of the trust and may amend or even revoke the trust in its entirety.
It often happens, when negotiating business deals, that one or both of the parties wants some assurance that their negotiations are serious and will ultimately result in a binding contract rather than a waste of valuable time.
Not everyone is aware of what constitutes criminal conduct when it comes to the internet.
Over 15 million Americans are victims of Identity Theft each year. Another 100 million more are at risk.
Convicted of a crime? Expunge your conviction under Penal Code § 1203.4. If granted in court, after your conviction is expunged it will allow you to reopen your case and set aside the conviction. Such convictions are either misdemeanor or certain types of felonies.
If you are an officer, president, or owner of a California corporation and have been served for purposes of a lawsuit or pending legal proceedings it is vital that you hire a business defense attorney to represent you in court. Pursuant to Paradise v. Nowlin (1948) 86 C.A.2d 897, Code of Civil Procedure § 116.540(b).
Federal prosecutors face an uphill battle in prosecuting individuals under the Computer Crimes and Fraud Act (CFAA)
Whether you are a foreign citizen willing to work in the US or an US employer that wants to hire a foreign employee, below are a number of questions Business Startup Attorneys encounter regarding H-1B visa.
Insurance company may use Colossus to determine how much to pay you for your personal injury claims. What type of information do insurance companies input into Colossus? Spine Treatment, Medical Aids, Neck Collars – Different types of neck collars are treated differently, Treatment Gaps, Pre-existing Condition, Degree of aggravation, Future Medical Bills, Hospital Treatment, Pain, Depression, Anxiety, and other information.
The Securities and Exchange Commission (“SEC”) announced that it obtained a court ordered “freeze” of the assets of three individuals, including Ash Narayan, formerly of RGT Wealth Advisors, who, the SEC alleges, siphoned millions of dollars from the accounts he managed at RGT for professional athletes and others while he was the manager of RGT Wealth Advisor’s Orange County, California office.
Registering copyrights is important in order to provide business owners and authors significant benefits, including statutory damages and reimbursement for attorneys’ fees, in the event someone infringes on their copyrights.
On May 17, 2016 whitehouse.gov announced sweeping changes to Department of Labor policy when it comes to worker eligibility for overtime pay, or rather, one major change is being made that will have a sweeping effect across the country for the coming decade.
California's so-called right to die law went into effect June 9th, and its potential ramifications have been hotly debated between proponents of physician assisted death and disability advocates. Notably, the Disability Rights Education and Defense Fund, a group that seeks to ensure legal help for disabled people, has released an in-depth statement expressing vehement opposition to the new law .
Computers, smartphones, and the internet are household staples in California and across the United States of America. Digital technology continues to rise in popularity as our society obsesses with the “need to know everything right now”. It comes as no surprise that the rise in popularity correlates with an increase in computer crime across the world.
By Kassouni Law
California land use lawyers have filed suit against the Association of Bay Area Governments in an effort to preserve Californians' constitutionally protected property rights
In civil matters, a statute of limitations is a law which places a deadline on the time frame in which a victim may pursue a claim against a wrongdoer. This “deadline” varies depending on the cause of action involved, but whatever the time limit, once the statute of limitations expires, the legal claim can no longer be pursued in a court of law.
While the Board of a Homeowner Association (HOA) in California has wide discretion to act on behalf of its members through its architectural, landscape and other committees and to either fine you, send you a violation notice or require you to take actions which may be expensive, you have options to fight an unjust arbitrary, capricious, discriminatory or illegal action, most of which will not even require the assistance of an attorney and you can win.
As business litigation attorneys, we sometimes have the unpleasant task of informing clients that their “breach of contract” case is not worth pursuing because the legal fees and costs to pursue legal action are likely to exceed the recoverable amount in their case.
California has witnessed a significant rise in the number of employer retaliation cases in the past few years. The exposure to San Diego employers is significant and it is important to tighten employment contracts, policy and procedure and employee manuals, as well as internal processes for responding to and documenting employee complaints.
President Obama recently signed into law the Defend Trade Secrets Act (“DTSA”) of 2016, which gives holders of trade secrets a new and powerful option to bring trade secret lawsuits under federal law.