April 2015 -

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.)
April 2015 -

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.
April 2015 -

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.
March 2015 -

The Letter of the Law: March 2015


IN THIS ISSUE:

Real Estate Law: How to Clear Title to Real Property – The Basics

Construction Law: Reforms to Construction Defect Litigation Signed Into Law in Nevada

Employment Law: A Parent Corporation May Be Liable for the Nonpayment of Wages By its Subsidiary

 

How to Clear Title to Real Property – The Basics

By: Lance Adair

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

March 2015 -

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.
March 2015 -

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.
March 2015 -

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.
February 2015 -

The Letter of the Law: February 2015


IN THIS ISSUE: REAL ESTATE LAW: How to Partition Real Property - The Basics, REAL ESTATE LAW: Are Co-Tenancy Agreements Enforceable, NEVADA LAW: Nevada's Newly Established Intermediate Appellate Court
February 2015 -

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!
February 2015 -

Nevada’s Newly Established Intermediate Appellate Court


In November 2014, voters in Nevada voted to amend the Nevada constitution to create an intermediate appellate court. Until the passage of this amendment, Nevada was one of ten states that did not have an intermediate appellate court.
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