California Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in California
February 5, 2016 By Gehres Law Group, P.C.
Many clients contact business litigation attorneys when it is too late to avoid a dispute. When that happens, the costs and stress of litigation can mount. Here are some relatively simple and cost-effective measures to help you avoid an ownership dispute down the road.
February 4, 2016 By Gehres Law Group, P.C.
The California Labor Code and the Orders promulgated by the Industrial Wage Commission impose various wage and hour requirements on employers for the benefit of their employees. As pointed out by our employment law attorneys, below, employers are well-advised to follow legal requirements in order to avoid potentially devastating penalties which may be assessed against them.
February 5, 2016 By The Sehat Law Firm, PLC
Protecting your rights while cooperating with police can feel like walking a tightrope—one wrong move and you plunge to your doom. You should remember that even well intentioned police are nervous during traffic stops. You want to cooperate and defuse a potential conflict while not incriminating yourself or giving the police information that you do not have to share.
January 30, 2016 By Hackard Law
What does residue mean as a legal definition, and how is it important in a California probate lawsuit?
January 26, 2016 By Gehres Law Group, P.C.
Introduction: When People You Have a Right to Trust Cheat You Ours is a world of contractual relationships, written and oral. We hire people to help us, and we hire people to act on our behalf. We enter into business associations, like becoming partners and shareholders of partnerships and corporations.
February 4, 2016 By Michael Panish
A worker is performing a duty near the ceiling within the path of travel of an automatic door. Without warning, the door begins to move and the top edge of the door collides with the worker or what he is standing on, causing the worker to fall to the ground. This article addresses many case scenarios and responsibility.
January 26, 2016 By Blake Wilson Law Group
Foreclosure is a scary, cumbersome process that often renders homeowners desperate for help, and all too often they call upon unqualified, or unethical, self-proclaimed foreclosure defense attorneys or advocates.
January 21, 2016 By Gehres Law Group, P.C.
The short answer to this question is “sometimes” regarding California state law on the subject of exempt versus non-exempt status of employees. However, before making decisions concerning the status of an employee, and whether to pay an employee a salary, or instead by the hour, an employer should consult with an employment law attorney who handles wage and hour issues.
January 15, 2016 By Madrid Law Group
There is a misconception among the young and single that there is no need for them to have an estate plan - that at this point in their young lives an estate plan serves no useful purpose.
January 13, 2016 By Gehres Law Group, P.C.
Few things are more important to a business, small or large, than its contracts. Business law, to a large extent, IS contract law. But in business litigation, when parties are often fighting over failed contracts, contract law has a handmaiden, and her name is “Fraud”. Experienced business litigation lawyers know that, when suing for compensation for breach of contract, the addition of fraud claims can make their client’s case much stronger. The following fact scenario will help illustrate:
January 14, 2016 By Gehres Law Group, P.C.
There are many nuances in the FLSA on which many employers are not well versed, violations of which can lead to very significant penalties. This articles speaks specifically to the FLSA: Bonuses and Calculating Overtime Pay to help employers avoid such penalties.
January 15, 2016 By Gehres Law Group, P.C.
“Per Stirpes” literally means “by roots or stocks; by representation” and is used interchangeably with “right of representation” by estate planning attorneys when referring to a particular method for distributing assets of a decedent. Another common method for distributing assets is referred to as “per capita”. Using ther method, each member of the same generation of a decedent will receive an equal share of the decedent’s estate.
January 16, 2016 By Gehres Law Group, P.C.
Many of our estate planning clients have heard about a Financial Power of Attorney but are not clear as to why they should have one or how they might benefit from having this legal document. At the outset, it is important to consider, “Who takes care of my financial interests if I become incapacitated and unable to handle my own financial affairs?”
January 18, 2016 By Gehres Law Group, P.C.
Most employers are aware that their “non-exempt” employees must be paid no less than the minimum wage prescribed by federal and/or state wage and hours laws. It is less commonly known that some salaried employees must also be paid overtime.
January 19, 2016 By Gehres Law Group, P.C.
While many states have repealed their bulk sales laws, California’s Bulk Sales Law remains in full force and effect. The primary stated purpose of this law is to protect buyers and creditors following the purchase of more than half of a business’s assets. If a buyer makes a bulk sale purchase but does not adhere to the requirements set out in the bulk sales law, the buyer will typically remain liable to the seller’s creditors.
January 11, 2016 By Gehres Law Group, P.C.
While it’s true that litigation can be an extremely expensive means of dispute resolution, and that prompt, voluntary settlements are almost always preferable to extended litigation, it is also true, paradoxically, that filing a lawsuit can be the best way to settle a dispute promptly and effectively. This is so for two reasons.
January 10, 2016 By Gehres Law Group, P.C.
It is never a happy circumstance when a business gets involved in a lawsuit. As most business owners know, even when they have a strong case, litigation will likely be expensive, time-consuming, stressful and uncertain. But it is important to understand that by creating and preserving evidence for your business litigation attorney, you can greatly improve your chances of success and reduce your litigation costs.
January 20, 2016 By Gehres Law Group, P.C.
California anti-SLAPP laws are are designed to protect the public right to petition and free speech in matters of public interest and concern, including in connection with lawsuits, legislation, in public forums and discussions, and generally in matters of public interest. Where anti-SLAPP law applies, however, it can spell disaster for a plaintiff who is found to have filed a contravening lawsuit as illustrated by the example below.
January 7, 2016 By Randi Susan Klein, Attorney at Law
The non earner spouse can withdraw funds from joint accounts prior to the time one of the parties files for dissolution. Once a petition for dissolution has been filed, automatic temporary restraining orders (ATRO's) go into effect. These orders forbid either party from dispating a community asset, absent a court order.
January 4, 2016 By Napolin Law Firm
California has a compulsory automobile insurance system. This means that all drivers and automobile owners must have liability insurance coverage for their autos at all times when operating on California roadways. The purpose of this compulsory system is to require coverage to ensure the recovery of money damages against negligent drivers who cause accidents. What follows is an outline of the types of damages that a valid California liability policy could pay for in the event of an accident.
December 30, 2015 By Berger Kahn, A Law Corporation
If you own a small business you are exposed to numerous risks, including lawsuits by third parties, your own employees, and those you do business with. Damage to your business property or premises can be catastrophic without insurance to cover the losses.
December 23, 2015 By Edmund Vincent, A Professional Law Corporation
Find out how an estate plan can protect your family and what should be in your estate plan.
December 17, 2015 By Hennig Ruiz Law Firm
Are you being harassed at work due to your sex or gender? If so, you may be able to file a workplace harassment complaint. Not only does California law protect employees from workplace discrimination and retaliation, but also a variety of forms of harassment in the workplace However, it can be difficult to know what exactly your rights are when it comes to sex and gender harassment in the workplace.
December 15, 2015 By Maho Prentice, LLP
If you suffer injuries that require relatively minor medical treatment, you can often recover the costs associated with property damage and injuries by filing an insurance claim.
December 15, 2015 By Hackard Law
Your relative's estate plan is a mess - but your family doesn't know this yet. Planning isn't really the problem: there is no planning. And if there's no planning, then a house will pose a special challenge.
December 15, 2015 By Berger Kahn, A Law Corporation
If you are a piece rate employer you may know about two recent cases: Gonzales v. Downtown LA Motors, 215 Cal.App.4th 36 (2013) and Bluford v. Safeway, Inc., 216 Cal.App.4th 864 (2013). In those cases California appellate courts made two crucial holdings regarding piece rate payment systems.
December 12, 2015 By Hackard Law
In California as elsewhere, most people are generally unwilling participants in estate disputes. There's no difference whether the dispute entails trust litigation, probate litigation or a Will Contest.
December 3, 2015 By Matt Dickstein, Business Attorney
A bird's eye view of professional discipline for a physician, that is, the process by which your medical license comes under attack and your defense of it.
December 4, 2015 By Matt Dickstein, Business Attorney
You use an Office Sharing Agreement for separate practices that share the same suite of offices. Here is an outline of the basic terms of an Office Sharing Agreement.
December 7, 2015 By Matt Dickstein, Business Attorney
Franchise law for area development, area representatives, sub-franchisors and master franchisees.
December 6, 2015 By Matt Dickstein, Business Attorney
Various deadlines and dates that you must calendar, or suffer the consequences.
November 27, 2015 By Watkins Firm, A Professional Corporation
California has specific laws that govern the formation of a medical practice or health care facility in California. The creation of the business entity requires a unique blend of corporate law experience and health care law expertise.
November 30, 2015 By Watkins Firm, A Professional Corporation
The nature of the relationship between a California general contractor and a subcontractor is legally quite complex. The general contractor awards a sub-contract based upon a bid, or extensive experience with a particular subcontractor. It is not unusual for work to begin on a jobsite under a subcontract prior to any physical agreement being drafted or signed.
December 1, 2015 By Watkins Firm, A Professional Corporation
What should you do if you suspect that one of your partners or a co-owner is stealing money from the company? What proof are you required to obtain, and what course of action must you take to protect your interests? The first and most important thing to do is clear your mind and do your best to remove emotion from the equation for now. A mind filled with anger is distracted and cannot think clearly.
November 20, 2015 By Law Firm of Rivers J. Morrell, III
Given the most recent very public admission by Charlie Sheen, it might be helpful to explain the legal ramifications. HIV is an STD (a Sexually Transmitted Disease). Herpes, Gonorrhea, HPV (Human Papilloma Virus), Syphilis, and Hepatitis are also all STDs. In California, and in many other states, it is a crime to willfully infect another person with an STD.
November 10, 2015 By Napolin Law Firm
Even car accidents that cause only minor damage to vehicles can cause significant bodily harm. When injury does arise from another person's negligent act, it is critical that medical attention and documentation. But who is going to pay for all those doctor bills? More importantly, when are they going to pay? Lawsuits take time to prosecute and can leave doctor bills piling up! Fortunately, many doctors will provide treatment on a lien basis.
Representing yourself or your company in an audit initiated by the Internal Revenue Service (“IRS”) is likely to be an exercise in futility. The IRS employs highly skilled revenue agents who will seek to take advantage of taxpayers who, understandably, are not knowledgeable on the rights and powers of the IRS.
In part because of the high levels of noncompliance with foreign tax reporting requirements (oftentimes out of innocent ignorance), the IRS has developed voluntary disclosure programs that allow taxpayers to come forward, correct their past mistakes, pay past-due taxes, and pay a set penalty (or, in some circumstances, pay no penalty).
The IRS collection process is a series of actions that the IRS can take to collect taxes that taxpayers owe if they do not voluntarily pay them. Generally, a taxpayer is required to pay a tax along with filing a tax return. The IRS will assess a taxpayer’s delinquent tax obligation if the taxpayer fails to pay a tax obligation when due. Subsequently, the IRS will send a notice and demand for payment to the taxpayer.
A unique California law disallows general damages such as pain and suffering to uninsured motorists involved in traffic collisions within the State. It applies strictly to the driver the automobile and not its passengers. It applies whether or not the collision was caused by the uninsured motorist. Some exceptions apply and are explained in this article. If you have been involved in a car, truck, bus or other motor vehicle accident, do not rely on this as legal advice. Consult a lawyer ASAP.
Sometimes bad things can happen and will influence your life and job; things that will require your full dedication and attention; and things that will require you to leave your job for a certain period of time. Many people are worried when it comes to this situation not knowing that in many cases they are protected by the law and that they will not lose their job.
California workers' compensation makes available to the injured worker a bundle of insurance benefits. The purpose of those benefits is to help the hurt employee recover from their injury by providing medical care as well as financial benefits to offset temporary and permanent earning loss that results from a work related accident injury. This article outlines the different benefits that are potentially available to the injured worker under California law.
Errors and Omissions Insurance (also known as E&O Insurance) is malpractice insurance for filmmakers. These policies protect against claims of defamation, invasion of privacy, infringement of the right of publicity, idea and story theft, copyright infringement, plagiarism, piracy, and the unauthorized use of names and trademarks. Some policies cover unfair competition and failure to provide screen credit.
Partnership disputes distract business owners from the central focus of their company: profitable operations.
There are four primary steps an attorney or law firm should consider when approaching the resolution of a legal dispute in California.
Construction law in California can be quite complex, and it is important to understand the best strategies for resolving disputes with contractors.
A beneficiary of an approved I-140 petition for the first, second or third preference category may retain the priority date of the approved petition for any subsequently filed first, second or third category employment-based petition.
Much of my practice deals with defending individuals who import methamphetamine into the United States. Anyone who has practiced federal criminal law knows that the penalties are daunting. In many case a defendant would receive less time for attempting to escape and running over and seriously injuring a custom’s agent than for the charge of importation of methamphetamine.
A California criminal defense attorney explains prostitution laws and how you can fight the charges. Learn more about prostitution defenses here.
The City of Los Angeles estimates there are over ten thousand miles of damaged sidewalks within the city limits, 40% of the damage caused by street trees. Many of the tree were planted in city parkways. After generations of neglect, the mounting number of complaints and payouts for litigation has forced the City to address the problem. Who is responsible for repair and maintenance caused by the trees and how will the City proceed?