Real Estate & Business Attorneys
“ Generally, when employees of independent contractors are injured in the workplace, they cannot sue the party that hired the contractor to do the work.” (SeaBright Ins. Co. v. US Airways, Inc. (2011) 52 Cal.4th 590, 594.) This rule has been known as the “Privette...
Representative Cases and Clients of Simkin & Assoc. (This is a sample of some of the thousands of cases handled.) Quiet Title Prescriptive Easement Quiet Title unclear deed description Partition of Apartment Buildings after dispute between owners. Partition House...
A written contract for the sale of real property included an integration clause stating that “no extrinsic evidence whatsoever may be introduced in any judicial proceedings involving this Agreement.” The referee who tried the case considered such evidence, finding for...
In Martin Potts & Associates, Inc. v. Corsair, LLC (2016) 244 CA4th 432 defendant was defaulted and its long time counsel simply said the failure to respond was his fault but did NOT state the reason for not filing a timely response. The trial court set aside the...
The court in Albert v Mid-Century Ins. Co. (2015) 236 CA4th 1281 held that an insurer did not have a duty to defend the homeowner in a suit for encroachment arising out of the building of a fence and trimming of trees, because the acts were taken intentionally even if...
While it is possible to obtain an equitable easement to allow a trespasser to continue use of the property in exchange for damages, the hardship on the trespasser must be “greatly disproportionate” to the hardship of the landowner losing a portion of her land. In...
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...
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...
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...
For the first 90 days after a grocery store is sold to a new owner, grocery store workers cannot be fired. AB359 codified as Labor Code §2500, et seq. The store must be at least 15,000 square feet.