Real Estate & Business Attorneys
Often after a bank levy or eviction (unlawful detainer) lock out, the defendant files a motion for a stay or to be let back into possession. Code of Civil Procedure § 918 can only “stay the enforcement of an judgment or order”. There is nothing to stay after the...
In Marcus and Millichap Real Estate (April 30, 2018) G053953, a sympathetic Court reversed a ruling so that a once wealthy, but now poor Plaintiff who lost more than $2.8million by the defendants for elder abuse and breach of fiduciary duty, and after being in...
Code of Civil Procedure 1856(g) provides that parol (verbal) evidence to explain the circumstances under which the agreement, to which it relates, explain an extrinsic ambiguity or otherwise interpret the terms of the agreement, or to establish illegality or fraud....
Finally, a common sense ruling. After settling a class action lawsuit against temporary staffing agency, workers brought wage and hour putative class action raising identical claims against the client-company where they had been placed to work. The Court of Appeal...
The California Supreme Court changed the test to determine what is an independent contractor vs. employee to a new “ABC” test. The 2nd prong, is the tough one for employers. Dynamex Operations West, Inc. involved a trucking company which changed its policy from...