Publications Archives

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.

Court of Appeals Ruling Weakens Protection Afforded to Small Business Owners

By: Paul T. McBride

How many small California businesses operate along these lines?

Wayne and Linda, husband and wife, form a limited partnership, Airborne Turbine LP, to operate an airplane leasing business. Wayne and Linda are the limited partners. They form a corporation, Airborne Turbine, Inc., to act as the general partner of Airborne Turbine LP. Wayne and Linda are the sole shareholders and directors of Airborne Turbine, Inc. They are the sole employees of Airborne Turbine LP. They take "draws" from Airborne Turbine LP as needed to pay their personal bills, as the entity is their sole source of income. They hold one pro forma partnership meeting per year.

Another Good Reason to Analyze your Business Automobile Policies and Insurance

By: Kyle D. Kring

You are an employer and your employee is driving home from work when he or she accidentally hits another vehicle, injuring a third party. Do you think your business is legally responsible for the third party's injuries?

An Unpaid Self-Insured Retention

By: Brendan J. Coughlin

Earlier this year the United States District Court, Southern District of California, issued a decision that will undoubtedly influence the issue of self-insured retentions ("SIR's") and insurance coverage in our state. In Phillips v. Noetic Specialty Insurance Co. (2013) 919 F.Supp.2d 1089, it was held that under certain circumstances the failure to pay a SIR, which is the amount paid before there is coverage, did not prevent the insurance from being triggered.

Surviving the Holidays During Divorce

By: Hoang-Anh Zapien

It's that time of the year again. Lights are being put up on rooftops, stores crowd with shoppers buying presents, and holiday planning for family gatherings begin. The holiday season is usually an occasion of festive and happy times. However, for those who are coping with divorce, the effects of separation and loss are magnified as the holiday season approaches.

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