Over 30 Years Of Representing Businesses And Their Owners
Download a PDF of the article here: By the Firm’s IP and Tort Practice Groups In law, “strict liability” is an interesting concept. It provides that any company that places a consumer product in the stream of commerce (i.e., is part of the distribution process such as manufacturer, retailer or other seller) may be liable for injuries caused by the…
Download a PDF of the article here: By the Firm’s Labor & Employment Department For California employers, one of the most significant legal RISKS is a wrongful termination lawsuit. For a sometimes bewildering variety of reasons, terminating an employee can wind up with you as a defendant, either in court or negotiating a settlement with someone from the very aggressive,…
“The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. In this code, the thing of which there may be ownership is called property.”1 The State of California gives us this very elegant definition of property, which is based on the ability to enjoy something “to the…
Read the article here. The matter comes up periodically: Should a seller allow a buyer to occupy the home before the close of escrow? The answer is generally, “NO!”, but why? To answer this question, we will consider the case of Marvell v. Marina Pizzaria (1984) 155 Cal.App.3d Supp. 1. The Facts To keep things simple, I will summarize the…
How do I sell my house when my neighborhood is trashed? Today, one of my home sellers confessed: The reason she wants to move is that the neighborhood has gone “downhill.” The neighbors: have overgrown lawns, cause the street to be overcrowded with cars, sit on their front porches at all hours of the day, and generally don’t care about…
How to convert adverse possession into permissive permission without consent With adverse possession, it’s all about this thing called “hostility.” In general, a person has to hold the property in a way that is hostile to the true owners title for a period of five years.1 A person who rents a home, for example, has permission to be there by…
Download a PDF of the article here On April 30, 2018, the California Supreme Court handed down a key decision in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903. This ruling, a landmark in the state’s labor law, set out the requirements for companies to classify workers as independent contractors. It was later made into law in…
In this webinar, Darryl Horowitt and Sheryl Noel discuss steps your business can take to reduce your exposure to businesses who do not pay. They also discuss remedies you have once a customer defaults, including remedies in bankruptcy court. We have provided two articles below for further reading and information. Watch it Here: https://youtu.be/0ODomvMi-VU Jump to various sections in…
Download a PDF of the article here Over my last 25 years, as a lawyer practicing in the Central Valley of California, I have defended many farming operations and their employees, for accidents which involved tractors, trailers, or other moveable equipment referred to in Vehicle Code section 36000 as an “implement of husbandry.” These vehicles and equipment are typically designed…
Download a PDF of the article here If your company conduct business through a website, you need to know the difference between “clickwrap” or “browsewrap” agreements. If you don’t know the difference between these terms and you are using the wrong noticing procedure on your website, your agreement is probably unenforceable. What do you mean unenforceable? It means that when…