Publications Archives

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.

Entry of Judgment Pursuant to Terms of Stipulation for Settlement - Avoiding Pitfalls in the Use of CCP Sections 664.6 and 664.7

You have worked very hard to get a case ready for settlement or trial and the parties are now ready to settle the case in its entirety. You, the parties and counsel have spent hours hammering the general terms of the settlement out and you want to put the terms on the record or in writing quickly, so the settlement can be enforced as a judgment, if necessary, pursuant to CCP Sections 664.6 (non-construction defect matters) and 664.7 (residential construction defect matters). There are essential conditions you must follow if you want to use these code sections successfully to enforce the settlement you worked so hard to reach.

Prejudgment Interest on Unliquidated Damages

By: John Schroeder

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.

Improper Withholding of Retention Results in Penalties

By: John Schroeder

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. The FTR Court held that under Public Contract Code § 7107, a public agency could not justify their refusal to release the retention because of disputed change orders not related to the retention. Public works contractors should be expected to aggressively pursue public agencies for their retention once they have cleared all stop notices and there are no disputes related to the work that produced the retention.

Reforms to Construction Defect Litigation Signed Into Law in Nevada

By: Robert L. Thompson

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.

How to Clear Title to Real Property - The Basics

By: Lance A. 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. The action is available to anyone who holds an interest or a claimed interest in the property.

A Parent Corporation May Be Liable for the Nonpayment of Wages by its Subsidiary

By: Alis M. Moon

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.

Nevada's Newly Established Intermediate Appellate Court

Posted on February 17, 2015

Posted by: Jon J. Carlston

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. The Nevada Supreme Court was the only appellate court in Nevada hearing and deciding appeals from final judgments entered by Nevada's 82 district court judges. As a result, Nevada's Supreme Court was one of the busiest in the nation. Each of its seven justices was averaging approximately 333 cases per year - more than three times the American Bar Association's ("ABA") recommended 100 cases per year.

How to Partition Real Property - The Basics

Posted on January 10, 2015

By: Lance A. Adair

It is common for two or more individuals or business entities to hold title to real estate as co-owners, also known as "tenants in common." In this type of ownership, each party owns an undivided interest in the whole. This may work well as long as the parties agree on what to do with the property. But what happens when the relationship sours or the parties otherwise reach an impasse?

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