Insights into Civil Litigation Matters
25
Nov
Family Code Section 780 provides as follows: Except as provided in Section 781 and subject to the rules of allocation set forth in Section 2603, money and other property received or to be received by a married person in satisfaction of a judgment for damages for personal injuries, or pursuant to an agreement for the settlement or compromise […]
25
Jan
This is a story that we all hear too often– a homeowner entered into an agreement with a contractor to remodel his or her home. The contractor signficantly delayed the project, provided substandard work and threatened to record a lien on the property if he is not paid in full. What can a homeowner do in […]
04
Aug
Various federal and state laws protect disable workers and require employers to provide reasonable accommodations to their employees. Under federal laws, Title VII of the 1964 Civil Rights Act and the Americans with Disabilities Act (the “ADA”) require any private employer that has an employment relationship with fifteen (15) or more individuals for each working […]
25
Jul
What happens when you have a court order granting you certain custody or visitation rights but your former spouse has fled the state with your child? When you are faced with this situation, it is possible to enforce the out-of-state order but it largely depends on the law of the state where your former spouse […]
28
Jun
What is a disability access claim (lawsuit)? A disability access claim arises under the Americans with Disabilities Act (ADA) and its California counterpart, the Unruh Act, which prohibit discrimination in public accommodations based on disabilities. Among other types of business, restaurants and retail establishments are the main targets of many disability access claims. A litigant named Jarek Molski […]
23
Jun
What is a Corporation? A corporation is a separate legal entity controlled by the shareholders of the corporation. Shareholders nominate and select officers, such as CEO, CFO and Treasurer, to run the corporation. A corporation must follow corporate formalities by holding annual meetings, keeping minutes and recording all share transfer transations. More information on how to satisfy corporate formalities, see […]
21
Jun
The U.S. Department of Labor has issued a final rule on the use of the tip credit under Section 3(m) of the Fair Labor Standards Act (FLSA). Tip credit is the amount of hourly wage that a restaurant owner can add to the hourly wage actually paid to a tipped employee in order to satisfy […]
26
Apr
“Pro per.” Many people believe that being “pro per” or self-represented is the best way handle their legal issues without having to pay for an attorney. While some pro pers got their day in court, like this guy, http://calapp.blogspot.com/2011/03/mccollough-v-johnson-rodenberg-lauinger.html, this is a rarity. An individual with legal representation is much better off in terms of obtaining […]
30
Mar
The Fair Labor Standard Act (“FLSA”) requires that employers pay covered employees at least the federal minimum wage for all hours worked, and time and one-half for all hours worked in excess of forty hours in a single work week. Under federal law, “work” is defined as “physical or mental exertion (whether burdensome or not) […]