On August 11, 2021, the California Court of Appeals for the Second District delivered a blow to defendants in its Malak Melvin Abdul Qaadir v. Ubaldo Gurrola Figueroa et al., No. B306011 (Cal. 2nd Aug. 8, 2021) a published decision which undermines the protections to defendants provided by the California Supreme Court Case Howell v....Read More
Recently, the California Bar Association (“CBA”) published Formal Opinion No. 2020-203 concerning a lawyer’s ethical obligations with respect to unauthorized access to electronically stored client information. The onset of the COVID-19 pandemic greatly accelerated the growing trend of storing and maintaining data and information online so that employees and clients can access the data from...Read More
This article will serve as a guide to what is needed in a Property Management Agreement to avoid potential real estate disputes between owners and property managers. What is a Property Management Agreement? With the known volatility in the stock market since the “Dot-com Bubble” in the late 1990’s the Financial Crisis spanning 2007 to...Read More
Thousands of ordinary people are thrown into the role of a “fiduciary” every single day. A person in a fiduciary relationship is under a duty to act for the benefit of the other as to matters within the scope of the relationship. A fiduciary duty, in the eyes of the law, begins once the fiduciary...Read More
No construction or real estate developments goes completely as planned. Despite the expectation that modifications will likely be necessary to finalize a project, far too many parties suffer losses related to these projects. In California, abandonment of a project without legal excuse gives rise to a legal claim. An abandonment occurs if there was a...Read More
In a 2015 survey by the American Academy of Matrimonial Lawyers, half of divorce lawyers cited an increase in spouses seeking postnuptial agreements over the prior three years. A postnuptial agreement is a legal document designed for couples who are already married. Postnuptial agreements are a relatively new development under U.S. law. Prior to the...Read More
The adage goes that if partnerships were a good idea, God would have had one. Yet, in an era consumed by increasing consumer demand and digital transformation, business partnerships have increasingly become – when utilized effectively – an essential tool for growth and navigating the currents of change. General partnerships are formed by two or...Read More
When a couple legally separates or divorces, the court may order one spouse to pay the other an amount of monetary support each month. This is called “spousal support” or “alimony.” In order for spousal support to be established and to officially commence, there must be a court order. Depending on the phase of your...Read More
ATTENTION: Nevada liability departments and auto insurance carriers! Nevada Senate Bill No. 435 was recently signed into law and there are two key points to be aware of: Disclosure of Policy Limits Demand and Voiding Releases. These both deal with pre-litigation situations. 1) Nevada law now requires a motor vehicle insurer to disclose the limits...Read More
Potential damages in a lawsuit may come in many forms depending on the facts of the case. Common damages include medical expenses, loss of earnings, property loss, physical pain, and mental suffering. Of the many damages Plaintiffs may claim, one of the most prevalent and recognizable is property damage. This article briefly discusses these types...Read More
Choosing an asset sale or a stock sale is a major consideration for a buyer and potential seller of a company. In short, a buyer can choose to purchase all the assets from a company outright or they can choose to purchase stock shares. However, what are the pros and cons of each? This article...Read More
Many businesses require patrons to physically enter their premises in order to exchange their goods and services. The act of physically moving throughout one’s property presents the risk of an invitee sustaining an injury related to a slip and fall. This risk is especially likely in the food service industry, where food and liquid often...Read More
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