Publications Archives

Offers of Judgment in Construction Defect Cases in Nevada

By: Robert L. Thompson

Offers of Judgment in Nevada are governed by Nevada Revised Statute 17.115 and Nevada Rule of Civil Procedure 68. At any time, up to ten days before trial, any party may serve on one or more of the parties, a written offer to allow judgment to be taken in accordance with the terms and conditions of the offer. The opposing party has ten business days to either accept or reject the written offer. If the party rejects the offer but then receives a verdict that is less than the offer at trial, the party that made the offer may be entitled to recover their post-offer fees and costs through trial, including attorney fees. Utilizing such Offers of Judgment can be an effective way to entice the parties to settle before taking a case to trial.

Employer May Recover Attorney Fees Under FEHA Where Plaintiff's Evidence of Discrimination is Solely Speculation

In the recent case of Robert v. Stanford Univ., No. H037514, 2014 WL 793112 (Cal. Ct. App. February 25, 2014), plaintiff brought an action against his former employer for discrimination under the California Fair Employment and Housing Act (FEHA.) He alleged that he was terminated because of his ancestry, American Indian. At trial, defendant presented evidence that plaintiff was terminated because of his harassment of a female coworker, and that plaintiff had received several warnings before he was terminated. The only evidence of discrimination that plaintiff presented at trial was his own testimony that he believed those who investigated the co-worker's harassment complaint and terminated him, had discriminated against him.

Will 2014 Finally Be the Year That Nevada Gets a Court of Appeal?

By: Merielle Enriquez

Many out-of-state attorneys are often surprised to find that Nevada lacks an intermediate court, or a Court of Appeal. Under the current model, every single appeal from decisions rendered by any of Nevada's District Courts is reviewed by the Nevada Supreme Court. According to reports by the Las Vegas Sun, the Nevada Supreme Court has one of the heaviest caseloads in the nation. This results in a lengthy backlog in the appeals process. Parties often have to wait for months, or in some cases, over a year, to have their appealed issue resolved. Based on data complied with the Nevada State Bar President, the Nevada Supreme Court docket for the year 2012 consisted of 2,500 cases, or 357 for each of the seven Justices. In short, many of our Nevada colleagues are wondering whether 2014 will finally be the year that voters approve the creation of a Nevada Court of Appeal.

The Power of a Sham

By: Anna Greenstin Kudla

Sham Guaranty Defense is a distinct way individual guarantors, partners, trustors/trustees, corporate executives and shareholders can avoid liability when an underlying loan is in default. While this defense may be influential in assisting a select few in certain situations, it is rarely used because it applies only in limited circumstances.

Disclosure Guidelines: What Should I Disclose When Selling My House?

As a general rule, all sellers of residential real estate property containing one to four units in California must complete and provide written disclosures to the buyer. The most commonly used form for such disclosures is the Transfer Disclosure Statement that the sellers will complete and sign.

Defending Stucco Defect Allegations

By: Paul McBride

Approximately 80% of construction defect lawsuits which we defend involve stucco-clad houses. Depending on the plaintiffs' expert, alleged stucco defects usually comprise anywhere from 20% to 50% of the total cost of repair. Therefore, it is important for those involved in defending stucco subcontractors to understand, and so be better able to defend, stucco defect allegations. In this article, we will discuss the two most common, and thus most expensive, defect allegations we encounter when defending stucco claims. Those allegations are improper building paper installation and stucco cracks.

Dating After Divorce

By: Hoang-Anh Zapien

Once a bad relationship or divorce finally comes to an end, parents often yearn for the return of a "normal" life with a companion. In this quest to move on, parents may rush into another relationship. As difficult as dating is, it is even more difficult and complicated when there are children involved. Above all else, parents must first consider how their children will be affected by the introduction of a new partner. Rushing someone into your childrens' lives will not benefit any of the parties involved. An introduction at the appropriate time is the key to success.

LLC Operating Agreements Should be Reviewed in Light of the New LLC Law.

By: Kenneth W. Chung

Effective January 1, 2014, the California Revised Uniform Limited Liability Act became the new law governing limited liability companies in California. This new law replaced the prior law known as the Beverly-Killea Act which was enacted in 1994. The new law applies to (i) all domestic LLCs existing on or after January 1, 2014; (ii) all foreign LLCs registered with the California Secretary of State prior to, on or after January 1, 2014; and (iii) all actions taken by managers of members of an LLC on or after January 1, 2014.

Employment Law Update: New Laws in 2014

By: Allyson K. Thompson

The California Legislature was busy this year regarding employment law. Several new employment related requirements were enacted that went into effect on January 1, 2014, unless otherwise specified. Some of the more substantive changes deal with workers compensation, wage and hour, and expansions in regards to leaves of absence, among others. While not entirely exhaustive, the following is a brief survey of some of the new employment laws enacted. If you are interested in reading the actual legislation, bill numbers are referenced. You can access the bills at http://www.leginfo.ca.gov/index.html.

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