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...Read More
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...Read More
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...Read More
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...Read More
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
Privacy & Cookies Policy
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.