Publications Archives

How a Detailed Job Description Can Prevent Violation of California's New Fair Pay

By: Kyle D. Kring and Faheem A. Tukhi

California has historically proven itself a leader in progressing women's rights and was one of the first states to adopt a statewide Equal Pay Act. Despite this, the California Legislature determined that in 2014, women in California who work full-time make only 84 cents for every dollar a male makes during the same amount of time, which amounts to a staggering $33 billion dollar loss for the state and families. To combat this, California's new Fair Pay Act (Senate Bill 358) - which takes effect on January 1, 2016 - intends to close that gap by modifying existing laws and requiring employers to pay men and women equal pay for "substantially similar" work.

Seller Beware: Disclosing Construction Defects and Lawsuits in the Sale of a Residence

By: Lance A. Adair

The old saying "let the buyer beware" is of little relevance to California real estate transactions. If you are contemplating the sale of your home in California and have had construction defects or a prior lawsuit involving defects in your home, you should be aware of the basic disclosure requirements under California law.

Requests for Admission - A Back Door to Recovery of Attorney's Fees in Personal Injury Cases

Under California law, an award of attorney's fees is typically not available to a prevailing party at trial. The most common exceptions to this rule are statutes authorizing recovery of attorney's fees for particular actions and contracts authorizing recovery of attorney's fees in breach of contract actions. However, in personal injury lawsuits, the loser typically does not pay the winner's attorney's fees.

When Howell V. Hamilton Meats & Provisions, Inc. ("Howell") Meets The Uninsured Plaintiff

By: Grant R. Mullen

In Bermudez v. Ciolek (No. G049510, filed June 22, 2015, Superior Court Case No. 30-2012-00539759), the California Court of Appeal, Fourth Appellate District, Division Three, held that an uninsured plaintiff's (no medical insurance) unpaid medical bills, substantiated by medical expert testimony regarding the reasonableness and necessity of the medical charges, were properly admitted and were sufficient evidence to support an award of damages.

Let it Fall! - Court of Appeals Precludes Recovery of Preventive Costs under Standard Homeowners Insurance Policy

By: Paul T. McBride

In Grebow v. Mercury Insurance, published on October 23, 2015, the Court of Appeals rejected a homeowners' claim that an implied duty to reimburse costs incurred by the homeowner to prevent an insurable loss is imposed on a homeowners' insurance carrier. At first blush, this decision may appear unfair, since the homeowners efforts saved the carrier money in the long run. However, the Court justified its conclusion by stating that the homeowners' argument would convert a loss policy into a maintenance agreement, which is not what the parties intended when the policy was purchased.

Employment - Related Bills Pending in California Legislature

It's that time again to take a look at just some of the employment-related bills that are pending in the California Legislature. Most employers are still reeling from the historic paid sick leave bill that became effective July 1, 2015. However, there are a few bills that are steadily making their way through the Assembly and Senate that bear review and monitoring.

When Howell V. Hamilton Meats & Provisions, Inc. ("Howell") Meets The Uninsured Plaintiff

By: Grant R. Mullen

In Bermudez v. Ciolek (No. G049510, filed June 22, 2015, Superior Court Case No. 30-2012-00539759), the California Court of Appeal, Fourth Appellate District, Division Three, held that an uninsured plaintiff's (no medical insurance) unpaid medical bills, substantiated by medical expert testimony regarding the reasonableness and necessity of the medical charges, were properly admitted and were sufficient evidence to support an award of damages.

Who and What Does Uninsured Motorist Provisions Cover

By: Melissa Bright

In Nevada, in determining as to whether a claim of injury is covered by the uninsured provision of an insurance policy depends on the interpretation of the uninsured provision. The court will look at the insurance contract in determining what individuals are covered in the provision and what injuries the individual may recover. Further, unless an uninsured motorist provision specifies that punitive damages will be included, punitive damages are not covered in an uninsured motorist provision.

Considering Filing a Chapter 7 Bankruptcy?

A chapter 7 bankruptcy is more commonly referred to as a "liquidation" or "straight" bankruptcy, meaning that an individual debtor's assets will be liquidated by a court appointed trustee, and the proceeds, if any, will be used to pay off - pro rata - the debts owed to creditors. The debtor will then be declared debt-free, and will be able to wipe the financial slate clean. With that being said, let's explore some questions you may have in deciding whether you should file a chapter 7 bankruptcy petition.

Premium Av Preeminent 5.0 out 5 Rating Peer Review Rated LexisNexis Martindale Hubbell Avvo Super Lawyers OC Metro Register
Contact

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Locations

Irvine Office
38 Corporate Park
Irvine, CA 92606

Phone: 949-345-1621
Fax: 949-261-8800
Irvine Law Office Map

Los Angeles Office
3435 Wilshire Blvd., Suite 2700
Los Angeles, CA 90010

Phone: 949-345-1621
Phone: 213-232-1633
Map & Directions

Sacramento Office
2620 J Street #1
Sacramento, CA 95816

Phone: 949-345-1621
Phone: 916-266-9000
Fax: 916-266-9001
Map & Directions

San Diego Office
11682 El Camino Real, Suite 100
San Diego, CA 92130

Phone: 949-345-1621
Phone: 858-436-0268
Fax: 858-436-0279
Map & Directions

Redding Office
1901 Court Street
Redding, CA 96001

Phone: 949-345-1621
Phone: 530-243-6000
Fax: 530-402-4752
Map & Directions

Las Vegas Office
1050 Indigo Dr., Suite 200
Las Vegas, NV 89145

Phone: 949-345-1621
Phone: 702-260-9500
Fax: 702-260-9434
Map & Directions