Publications Archives

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?

Are Co-tenancy Agreements Enforceable?

By: Roland J. Amundsen

A recent decision by the California Court of Appeal answers this question to a large extent, and the answer is... it depends!

In Grand Prospect Partners LP v. Ross Dress for Less, Inc. (2015) 182 Cal. Rptr. 3d 235, the Court looked at a co-tenancy clause agreed upon by two sophisticated parties to a commercial retail lease, and addressed the issues of whether the clause was unconscionable and/or an unenforceable penalty. It found that despite the relatively equal sophistication of the two parties, under some circumstances, the co-tenancy agreement can constitute an unreasonable penalty and be unenforceable, although it may not be unconscionable.

Year In Review - 2014 Key Employment Legislative Laws

Posted on January 15, 2015

By: Allyson K. Thompson

Employment related legislation was big in 2014. The Legislature once again passed a number of pro-employee bills that are worth reading about. While this list is not exhaustive, it provides an overview of the key legislation employers should be aware of. In case you are tempted to skip this article, remember that the State of California expects employers to know and understand all laws that are passed that may affect your employees. So keep reading!

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?

Excluded Drivers in Nevada

In Nevada, although an individual is expressly excluded as a driver in an insurance policy, if the excluded individual drives the car with the owner's permission, the insurance company must cover at least the statutorily required minimum coverage. 

Excluded Drivers in Nevada

Posted on January 9, 2015

By: Melissa Bright

In Nevada, although an individual is expressly excluded as a driver in an insurance policy, if the excluded individual drives the car with the owner's permission, the insurance company must cover at least the statutorily required minimum coverage.

Blurred Lines: Maintaining Separateness Between Companies

By: Laura C. Hess

An issue that sometimes arises in the employment cases we handle concerns whether an employer/employee relationship really exists between the parties. The reason this comes up is because the employee sues not only the employer, but also all of the companies who are affiliated with the employer, such as parent companies, franchisors, or other businesses owned by the same family. The employer wants to carve these affiliated entities out of the case and shield them from the lawsuit.

CAR Attempts to Provide Brokers Additional Liability Protection

By: Anna Greenstin Kudla

This November, the California Association of Realtors ("CAR") is coming out with a new standard Residential Purchase Agreement ("RPA"). The new RPA contains revisions to its Financing, Loan Contingency, and Termite sections. Most notably, the RPA has a new larger Scope of Duty section designed to protect brokers. Paragraph 18, entitled "BROKERS," identifies compensation rights, sets parameters for scope of duty, and addresses the real estate professional's representative capacity.

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