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...
Experienced Real Estate And Business Attorney
Month: May 2018
To Broke to Arbitrate? No Problem! (Weiler v. Marcus & Millichap)
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...
Parol Evidence Rule does Not Exclude Verbal Fraudulent Statements that Contradict the Written Contract (CCP 1856)
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....
Employees Cannot Sue Temp Company then sue its Client Company! (Castillo v. Glenair 22 Cal.App.5th 348)
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...
New Independent Contractor vs. Employee Test: Dynamex Operations
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...