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Causation in Wrongful Termination Cases
Wrongful Termination: How do you prove your termination was caused by an illegal act? Matthew Clarke | Kelley Clarke, PC Trial Court Erred in Wrongful Termination Case Another trial court has run afoul of the proper legal standard for causation in wrongful termination...
What you should do when faced with workplace harassment or discrimination
What should an employee do when when faced with harassment or discrimination at work? Kelley Clarke PC recommends that an employee who is faced with harassment or discrimination do the following: 1. Tell the person to stop, both verbally and in writing. It is always...
The latest California case on constructive termination – forcing an employee to use his vehicle? Not so fast.
Constructive Termination Because the Employer Forced You to use Your Vehicle? On December 13, 2013, the California Court of Appeal held that Jorge L. Vasquez did not state a valid legal claim for constructive termination in violation of public policy. The employee...
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....