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Law related articles writen by lawyers
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California’s “Good Faith Settlement” Law: An Example from a Recent Case

  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.

Hiring an Attorney to Enforce a Child’s Special Education Rights

  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.

Guarding Against Personal Liability for Rental Property Owners in California

  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.

You Can Stop Trademark Infringement

  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?

Proving Car Accident Claim's Past Medical Expenses

  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.

Purchasing a Business with Seller Financing

  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.

“Close Corporation”: Probably Not the Best Choice

  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.

When Do I Need a Califronia Insurance Coverage Attorney?

  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?”

What Constitutes Insurance Bad Faith in California?

  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.

Premises Liability and Slip and Fall Cases

  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.

Gag Rules Are Against the Law— Know Your Rights!

  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.

California's Real Estate Transfer Disclosure Statement

  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”).

The 3 Things You Must Prove to Win a Slip and Fall Injury Claim

  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.

Prevent Social Media from Damaging an Auto Accident Injury Case

  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.

Court Ruling Strengthens Protections Against Cell Phone Tracking

  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.

A Living Trust, Just What Is That?

  July 28, 2016     By The Law Firm of Steven F. Bliss, Esq.
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:

Common Misconceptions about Probate

  July 26, 2016     By The Law Firm of Steven F. Bliss, Esq.
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.

How Do You Know if Your Probate Attorney Is Qualified?

  July 22, 2016     By The Law Firm of Steven F. Bliss, Esq.
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.

Elder Law and Estate Planning

  July 19, 2016     By The Law Firm of Steven F. Bliss, Esq.
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.

Anti-SLAPP Motions in Connection with Employment Law Claims

  July 15, 2016     By Gehres Law Group, P.C.
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.

Understanding and Defending a Will in California

  July 14, 2016     By The Law Firm of Steven F. Bliss, Esq.
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.

SEC v. Dawn J. Bennett: From “Financial Myth Busting” To “Busted”

  July 12, 2016     By Shustak Reynolds & Partners, PC
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.

Business Litigation: Swinging a Bigger Stick

  July 7, 2016     By Gehres Law Group, P.C.
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.

A Trustee’s Responsibilities Administering a California Living Trust

  July 5, 2016     By Gehres Law Group, P.C.
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.

Letter of Intent: Is It Enforceable in California?

  June 28, 2016     By Gehres Law Group, P.C.
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.

What is an Internet Crime?

Not everyone is aware of what constitutes criminal conduct when it comes to the internet.

Internet Crimes

Over 15 million Americans are victims of Identity Theft each year. Another 100 million more are at risk.

Am I Eligible for an Expungement under Penal Code 1203.4 in California?

  By Kaass Law
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.

California Corporations Facing Lawsuit Must Be Represented by an Attorney

  By Kaass Law
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).

Why Computer Fraud and Abuse Act Crimes are Difficult to Prosecute

Federal prosecutors face an uphill battle in prosecuting individuals under the Computer Crimes and Fraud Act (CFAA)

California Startup Seeking to Hire Foreign Employee on H-1B Visa

  By Kaass Law
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.

How Insurance Companies Value Accident Injury Claims in California

  By Kaass Law
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.

SEC Halts Ash Narayan from Defrauding RGT Clients

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.

Copyright Registration – A Prerequisite for Infringement Litigation

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.

A Huge Change to Overtime Rules is on the Way

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.

Right to Die Law Raises Questions of Disability Discrimination in California

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 .

CFAA: Computer Fraud and Abuse Act

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.

Plan Bay Area: An Evaluation by California Land Use Lawyers

California land use lawyers have filed suit against the Association of Bay Area Governments in an effort to preserve Californians' constitutionally protected property rights

Statute of Limitations in California: Common Causes of Action

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.

How to Fight a California HOA (Homeowner Association) Architectural Committee and Win

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.

Making Breach of Contract Actions Worthwhile: Liquidated Damage and Attorneys’ Fees Provisions

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.

Defending Claims of Employer Retaliation in San Diego

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.

The Defend Trade Secrets Act: A Powerful New Tool For Business Owners

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.

Promissory Notes

Put simply, a promissory note is a written promise to pay a definite amount of money on specified date(s) or on demand. The primary purpose of a promissory note is to evidence a loan amount, interest rate, if any, and other terms on which a loan is to be repaid. Depending on the type of transaction involved, a promissory note may or may not accompany a security agreement, a deed of trust, or other contractual documents.

How to Recover from a Serious Car Accident Without Bankrupting Yourself

If you’re feeling squeezed by bills stacking up after an auto accident, you should know that it’s not just you. This happens to a lot of people after being injured in a car wreck.

Fraudulent Inducement of Employment Contract in California

California law in regard to fraudulent inducement of employment, a situation in which an employer is alleged to have made false statements to a prospective employee for the purpose of inducing the candidate to accept the employer’s job offer. It also explores the remedies available to an employee against an employer where the employee suffers injury as a result of an employer’s alleged fraudulent inducement.

FINRA Submits Proposed Rule Changes to Clarify Offsetting Awards

FINRA has recently filed proposed rule changes that provide much-needed clarification to how arbitration awards resulting in both sides paying money should be handled.

Starting a Business in California? Read This First

It is no secret that nine out of ten start-ups fail—that’s a full 90% of businesses that do not become profitable or are derailed for one reason or another. So what can you, as a prospective business owner, do to ensure you are one of the success stories?

Business Disputes in San Diego

Bringing a Business Lawsuit Before a San Diego Court Can Take a Year or More. How are business disputes managed in San Diego? What are the legal and practical realities that guide these cases? What should you look for in a business dispute resolution attorney? The first fact to consider is this: the vast majority of business disputes are settled prior to going to trial.

Accounting Fraud in California

Cooking the books and other illegal strategies to gain economic advantage. Accounting fraud is the practice of purposefully or intentionally misrepresenting the financial accounting records of an LLC, corporation or business in California in order to mislead others. Accounting fraud is usually committed in an attempt to make a business or investment look more profitable than what it actually is in order to attract investors.



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