In a recent California Court of Appeal decision, the Court was asked to address the issue of whether an employee’s resignation of an at-will employment can be rescinded by the employee on the basis that the employee was suffering from an adverse reaction to medication at the time the resignation was tendered. As held by […]

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Over the past few months, I have received quite a few calls where employers told me that they assumed their salaried employees were automatically exempt and therefore, not entitled to overtime or other statutory benefits due to nonexempt employees. This is not a good assumption. The confusion may arise because of the theory that a […]

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The Supreme Court’s 2017 ruling in Jevic declared unlawful priority-skipping structured dismissals in Chapter 11 bankruptcies. This ruling calls into doubt the use of priority-skipping surcharge carve-outs under 11 U.S.C. Section 506(c). Specifcally, on March 22, 2017, the Supreme Court issued its opinion in Czyzewski v. Jevic Holding Corp., No. 15–649, 2017 WL 1066259, __ S.Ct. ___ (Mar. 22, 2017) […]

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Most construction agreements between general contractors and subcontractors contain indemnity provisions that obligate the subcontractor to defend and hold harmless the general contractor from any claim growing out of the subcontractor’s work.  (See e.g., Crawford v. Weather Shield Mfg., Inc. (2008) 44 Cal.4th 541, 547-48.)  Under these types of provisions, when any party makes a […]

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On January 25, 2017, President Trump signed two Executive Orders, which impacted immigrants nationwide. No doubt you have heard about the building of a physical wall on the border with Mexico and back and forth argument on who will bear the cost. The impact of the Executive Orders, however, is much more serious than who […]

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El 25 de enero del 2017, el Presidente Trump firmó dos Órdenes Ejecutivas que afectaron a inmigrantes en todo el país. No hay duda de que usted ha oído hablar de la construcción de un muro en la frontera con México y  argumento sobre quién va a pagar el costo. El impacto de las Órdenes […]

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A Mediation Scuttled by Emotions             Recently, I participated in a mediation with a highly-regarded and experienced mediator who was frustrated that the “claimant” remained “offended” from the opening gambit through the end of the wasted day.        Apparently, the claimant and its counsel thought it was OK for them to demand 100 cents on the […]

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The California State Legislature and various State agencies continue to expand employer responsibilities and duties.  In case you missed it, effective April 1, 2016, (and pursuant to new regulations promulgated by the Fair Employment and Housing Council) all California employers with five or more employees must create detailed written policies for preventing harassment, discrimination, and […]

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Title insurers often discover defects in transactions after escrow has closed. When this occurs, they regularly request that parties to a real estate transaction execute “corrective” trust deeds or grant deeds. However, parties should consult with counsel before doing so, as the title insurer may have a bigger problem on its hands than it is causing the owner […]

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It promises to be another long, hot summer for employers as the California State Legislature and the courts continue to expand employer responsibilities and duties to employees.  A relatively recent case that hasn’t garnered too much attention (Cochran v. Schwan (2014) 228 Cal.App. 4th 1137) involves the requirement for employers to reimburse employees in many […]

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In California, an entity that has been suspended is disqualified from exercising any right, power or privilege as an entity during the time of the suspension. Therefore, the suspended entity lacks the legal ability to enter into a binding and enforceable contract with a third party. However, the contracts entered into during a time of suspension […]

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Plaintiff homeowner sued a contractor for improper work, alleging (among other things) that the contractor is/was licensed. At trial, plaintiff homeowner’s lawyer demanded that the contractor provide a verified certificate from the California State Contractors License Board confirming proper licensure, despite the allegation of proper licensure in the complaint. The trial court ruled that the […]

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