Publications

THE INDEPENDENT CONTRACTOR VERSUS EMPLOYEE DEBATE "LYFTS" ITSELF TO THE JURY

On March 11, 2015, a California District Court held that whether or not Lyft drivers are legally employees rather than independent contractors will be decided by the jury. Cotter v. Lyft, Inc., CV13-04065 (N.D. Cal.)

Read More


IMPROPER WITHHOLDING OF RETENTION RESULTS IN PENALTIES

The recent case of FTR International, Inc. v. Rio School District (2015) DJDAR 1141 has shifted the balance of power to contractors in public works projects.

Read More


PREJUDGMENT INTEREST ON UNLIQUIDATED DAMAGES

California Civil Code § 3288 states, "In an action for the breach of an obligation not arising in contract, and in every case of oppression, fraud, or malice, interest may be given, in the discretion of the jury." This article will review how to obtain prejudgment interest at trial and how to use such interest in an effort to resolve matters without trial.

Read More


A PARENT CORPORATION MAY BE LIABLE FOR THE NONPAYMENT OF WAGES BY ITS SUBSIDIARY

In Castaneda v. Ensign Group, Inc., (2014) 229 Cal.App.4th 1015, plaintiff, a former employee of Cabrillo Rehabilitation and Care Center ("Cabrillo"), filed a class action against Cabrillo's parent company, The Ensign Group, Inc. ("Ensign") for nonpayment of minimum wages and overtime wages.

Read More


REFORMS TO CONSTRUCTION DEFECT LITIGATION SIGNED INTO LAW IN NEVADA

On February 25, 2015, Governor Sandoval signed into law Assembly Bill 125 which significantly reforms Nevada's construction defect law statute, also known as "Chapter 40." The reforms to the statute have been an ongoing issue in previous legislative sessions over the past 10 years and will have a significant effect on subsequent construction defect litigation in Nevada.

Read More


HOW TO CLEAR TITLE TO REAL PROPERTY - THE BASICS

California law provides a statutory method of resolving conflicting interests in real property, known as an action to "quiet title." A quiet title action may be brought to establish-or to clear title against-any kind of claimed title or interest in real property.

Read More


ARE CO-TENANCY AGREEMENTS ENFORCEABLE?

A recent decision by the California Court of Appeal answers this question to a large extent, and the answer is... it depends!

Read More

This page will contain a list of links to organize and provide navigation to information on your website.This page will contain a list of links to organize and provide navigation to information on your website.