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By Nicole Whyte At trial, plaintiff lawyers often craft a trial theme aimed at evoking sympathy for the plaintiff and anger towards the defendant. To effectively respond, the defense team must identify and deploy their counter theme early in the case. The defense theme should permeate every phase of the trial, and where possible, counter...
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In my practice, I am fortunate enough to attend a real estate conferences on a regular basis.  And, without exception, we always get a run down on hot trends/cases from industry leaders.  Some issues that are being attacked in hot cases/trends are: Are the typical commission structures – e.g., the typical 5% to 6% divided...
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In a recent important decision, Brown v. Beach House Design & Development  the Court of Appeal addressed an issue that frequently arises under the Privette doctrine—the extent to which a general contractor can be held liable for injuries to a subcontractor’s employee. The injuries in Brown arose when a window casing subcontractor’s employee fell from...
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The California Legislature has enacted SB 1155 relating to “Time Limited Demands,” which goes into effect on January 1, 2023.  In California, if a claimant makes a reasonable settlement demand within the limits of a liability insurance policy and the insurer unreasonably refuses to accept the demand, the insurer may be liable for a judgment...
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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....
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Recently, the California Bar Association (“CBA”) published Formal Opinion No. 2020-203[1] 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...
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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...
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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...
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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...
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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...
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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...
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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...
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