It pisses me off when companies want charge 3% or more to pay them by credit card. If you don’t want to take credit cards fine, but don’t profit from it! Elavon through Costco only charges 1.99% + 25 ¢ (for phone transactions) so don’t lie and try to make profit...
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Online Services Cannot Discriminate by their Terms of Use (White v. Square, Inc. S249248 (August 12, 2019))
In White v. Square, Inc. S249248 (August 12, 2019), the California Supreme Court held that an online business violated the Unruh Act by discriminating based upon occupation (or other protected categories of people) and the discriminated person has standing to sue...
The Decline of Civilization (We are Fuct’d!) –Iancu v. Brunetti (June 24, 2019)
The U.S. Supreme Court just FUCT’d the Lanham Act. The Lanham Act (15 U.S.C. § 1052(a)) prohibits the registration of “immoral[] or scandalous” trademarks. Respondent founded a clothing line that uses the trademark FUCT. The U.S. Patent and Trademark office decided...
Lawyer Civility Includes More Than a Pro Forma Attempt to be Civil” (LaSalle v. Vogel (2019) 36 Cal.App.5th 127.)
The day after a responsive pleading was due, plaintiff’s lawyer sent defendant a letter and an email telling her that the time to respond was past due and threatening entry of default if a responsive pleading was not filed by the next business day. When a pleading was...
Fraudulent Conveyance Damages Apply to DELAY’S in paying a judgment! (Berger v. Varum (2019) 35 Cal.App.5th 1013)
Plaintiff sued for fraudulent transfer. Defendants then paid the judgment, but instead of dismissing his complaint, plaintiff amended it to seek damages caused by the delay in paying the judgment. The trial court sustained defendants’ demurrer. On appeal, plaintiff...
Sexual Harassment Training Now Applies to Small Businesses
Employers with 5 or more employees (not including independent contractors), must provide at least 2 hours of sexual harassment training to all supervisory employees and at least one hour of sexual harassment training to all non-supervisory employees by January 1,...
Employers can now inquire into an applicant’s salary history (Labor Code §432.3, 1197.5)§
Prior law prohibiting an employer from asking or relying upon the applicant’s salary history is modified. Employers may now inquire into an applicant’s salary expectation for the position being applied for such as for seniority or merit. Sexual based salary decisions...
Cannot Require, Induce or Condition employment upon the signing of a release or non-disparagement agreement unless part of an existing dispute. (Govt. Code 12964.5)
An employer cannot require the execution of a release or non-disparagement agreement in exchange for any condition of employment and broadened non-employee harassment. Changes to the laws concerning harassment, discrimination, etc. (Government Code § 12940, 12965,...
Late Fees in a 3 day Notice Are almost always unenforceable (Excellent analysis by the Court)
The primary published case is Del Monte Properties & Investments, Inc. v. Dolan (2018) 26 Cal.App.5th Supp. 20, 24. In Del Monte the Court held that the landlord must prove that the actual losses caused by late payment of rent were extremely difficult or...