Yaaay! Lets hear it for the lawyers! Cheerleaders are not classified as employees. Labor Code 2754. Note, this only helps California based team cheerleaders. Assembly Women Lorena Gonzalez, was the sponger of this bill. Lorena was a Stanford cheerleader, she is...
Experienced Real Estate And Business Attorney
Month: June 2016
Equal Pay for men and women performing “substantially similar work” (Labor Code 1197.5)
This is the big new 2016 law. This allows women to ask questions about their own pay and ask others what they make without the threat of discipline. While this is not a “new law”, this law helps lawyers to help their female clients! Also the employer’s record...
Gun Restraining Order by family member (Penal Code §18100)
This is a fairly complicated set of laws. There are three types of “gun violence restraining orders” possible. (1) A temporary emergency (by police), (2) ex parte (by family member or police) and (3) after notice and hearing (for one year term). There is also a...
Statutes referring to Mailing use a different date For Calculation of Responses
In law, every word has a meaning and often one statute contradicts another. Today with more electronic service occurring, many statutes need to be updated to reflect that form of service of notice. When that occurs, look at the structure of the statute and if it has...
Demurrers Require “meet and confer” before filing CCP §430.41
know the rules on blackboard C.C.P. § 430.41 added to require demurring party to attempt to meet and confer prior to filing demurrer and file meet and confer declaration with demurrer; limits on subsequent demurrers; limits amendments to pleadings after demurrer. ...
New 2016 Civil Procedure Laws
Here are a few new 2016 laws for litigators: Amendments on the Eve of Hearing – C.C.P. §472 To further curtail abuse with last minute amendments, section 472 to prohibit the filing of amendments on the eve of hearings on demurrers. Under the revised statute, a...
City (anti-Airbnb) Law Trumps Lease Term allowing short term rentals (Chen v. Kraft (2016) 243 Cal.App. 4th Supp 13)
The Appellate Department of the Los Angeles Superior Court (Chen v Kraft (2016) 243 CA4th Supp 13) allowed a landlord to evict a tenant for running short-term rental business out of his residential rental unit in Los Angeles. In Chen, the Court affirmed a summary...
45 Day Rule Runs from date of Verified Response CCP §2031.310(a), (c)
If only objections are served, you have an unlimited amount of time to file a motions to Compel because the time limit is now based on the date of service of the verified response. New law, Stats 2013 ch 18; see CCP § 2031.310(a),(c)].