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California Contractors: It All Starts with the Preliminary Notice
California Contractors: It All Starts with the Preliminary Notice Mark Coffin, Esq. In California, contractors have special privileges. Most other professions are not given “secured creditor” status, or allowed to foreclose on real estate or bank accounts...
California Supreme Court Pays Non-California Residents Time-And-A-Half
California Supreme Court Pays Non-California Residents Time-And-A-Half By: Matthew N. Mong Every day, thousands of out-of-staters enter California to work. However, until recently, it was undecided whether California’s overtime laws applied to these...
Are Attorneys Now Insulated From Malpractice During Mediation?
Are Attorneys Now Insulated by Mediation Confidentiality From Malpractice During Mediation? By Matthew Clarke Have you ever wondered if something you said or did during a mediation could come back to haunt you? The California Supreme Court recently addressed the scope...
A Cheater’s Guide To Zealous Advocacy
A Cheater’s Guide To Zealous Advocacy By Matt Mong The California Court of Appeal for the Second Appellate District recently affirmed the old adage that “cheaters never prosper,” in Yu v. University of La Verne, (2011) No. B229949. Specifically, the Court...
How far will the SLAPP Statute go? Recent Developments show it Extends to Residential Home Transactions where, much to the Chagrin of Homeowners, Renters Inform Potential Buyers of Sex Offenders in the Neighborhood.
How far will the SLAPP Statute go? Recent Developments show it Extends to Residential Home Transactions where, much to the Chagrin of Homeowners, Renters Inform Potential Buyers of Sex Offenders in the Neighborhood. By: Dugan P. Kelley, July 2011 Remember the...
Provisional Remedies in a Wave of Foreclosures
Provisional Remedies in a Wave of Foreclosures By Matt Clarke, February 2011 According to RealtyTrac (www.realtytrac.com), one in every two hundred California housing units received a foreclosure notice in January 2011. The hardest hit areas are in the middle of...
Construction Law Changes – 2011
Construction Law Changes – 2011 As in so many other areas, 2011 has brought several changes to the legal landscape in construction. Changes To Mechanic’s Lien Procedure: A set of simple but important changes to the Mechanics lien statutes went into effect...
Banning Plastic Bags – Are Environmental Impact Reports Needed?
Banning Plastic Bags – Are Environmental Impact Reports Needed? By: Kenton S. Brice The California Supreme Court upheld an ordinance banning the use of plastic bags without the need for an Environmental Impact Report (“EIR”) in Save the Plastic Bag Coalition...
The California Court of Appeal Chips Away at the U.S. Supreme Court’s Decision in AT&T Mobility LLC v. Concepcion, et ux.
The California Court of Appeal Chips Away at the U.S. Supreme Court’s Class Action Decision in AT&T Mobility LLC v. Concepcion, et ux. [1] By: Matthew M. Clarke On April 27, 2011, the United States Supreme Court decided AT&T Mobility LLC v....
Attorneys May Include Binding Arbitration Agreement In Retainer Agreements – Attorneys Should (But Are Not Obligated To) Explain The Terms To “Sophisticated” Clients
Attorneys May Include Binding Arbitration Agreement in the Retainer – Attorneys Should (But Are Not Obligated To) Explain The Terms To “Sophisticated” Clients State Bar Formal Opinion No. 1977-47 found it unethical for an attorney to enter into a binding arbitration...
The Court of Appeal Denies Request to Recover Attorney Fees to a Pro Per Law Firm Litigant Represented by its own Associate
The Court of Appeal Denies Request to Matthew Clarke, Shareholder Recover Attorney Fees to Pro Per Law Firm Represented by its own Associate By Matthew Clarke Pro Per litigants who prevail may not recover attorney fees because no fees were actually...
Expert Witness Fees Are Available Under California Fair Employment and Housing Act (FEHA)
Recover Expert Witness Fees Under FEHA If You Plan it Right Litigation attorneys frequently think about making a settlement offer under Code of Civil Procedure section 998. If the defendant does not accept the offer and the plaintiff achieves a result that...