California prohibits unlawful, unfair, and fraudulent business practices, as well as unfair, deceptive, untrue or misleading advertising. Recently, the district attorney offices for Los Angeles and San Francisco claimed that Uber, one of the the most popular ridesharing companies, violated these California business laws in recently filed actions against the company. Uber (recently valued at $41 Billion and has backers from Wall Street to Silicon Valley), is no stranger to lawsuits, which are coming from all...

An adhesion contract is also referred to as a contract of adhesion or a standard form contract.  Often times this type of contractual agreement is drafted by one party, and usually looks like a template contract used in all agreements with that party. Adhesion contracts are commonly used for car purchases, cell phone and cable contracts, insurance matters, rental agreements, mortgages, and deeds. In an adhesion contract, the drafting party is usually a business (typically...

Title insurance protects real estate owners and lenders from property loss or damage that could arise from defects in the title to the property, or damages due to liens and/or encumbrances.  Each title insurance policy is different, as each one will have different terms and conditions. For most types of insurance (such as car or health insurance), the insured generally pays a monthly premium to protect against potential future events. With title insurance, the insured...

Previously on our blog, we have discussed the many differences between rights held by residential as opposed to commercial tenants. Recently we examined how both residential and commercial tenants have a right to quiet enjoyment of their rented property, but that it is sometimes more difficult for commercial tenants to escape the term of a lease for a violation of the covenant. Here, we will discuss what quiet enjoyment means for a commercial tenant. The...

Unlike run of the mill residential leases, many terms of commercial leases are usually negotiable, although your leverage in the negotiation will be affected by your real estate knowledge and the current rental market. For example, if there is a surplus of commercial space available in your preferred area, you will likely have more leverage to negotiate terms with a prospective landlord.  Similarly, having confidence in and being informed about the terms of the...

It is common practice for retailers to search their employees before they leave work. In a recent United States Supreme Court opinion,  Integrity Staffing Solutions v. Busk, the Court ruled that workers do not have a federal right to be paid for the time spent in these post-shift employee searches. This decision will save businesses billions of dollars, including companies like Amazon, who is projected to save over $100 million. In the opinion  the justices unanimously rejected former...

Whether you are buying or selling real estate, it is important to determine whether any easements encumber the property, and, if there are, what effect the easements will have on the deal. First, an easement is generally defined as a right to cross or use someone else's land for a specified purpose. For example, your neighbor may have a small easement over your land to access the closest main road. The easement does not allow...

A receivership is used to help enforce court judgments. A court can appoint an unbiased third party to be a receiver, and this person or entity is then charged with carrying out a court’s orders. Establishing a receivership is only one of many options to enforce a judgment, but they are particularly useful in cases involving management of a corporation, small business, or income-producing real property. The purpose of a receivership is to enforce an order...

If you find yourself or your business in the middle of a lawsuit, the absolute last thing you should do is destroy evidence, such as documents and files, whether or not they are damaging or incriminating.  If you have been sued and you get rid of or destroy evidence, including emails, you may face severe penalties, including criminal ones.  An example of the many rules and laws that prohibit tampering with or destroying evidence is...

Specific performance is a type of remedy available in some contract disputes where a plaintiff requests that a court enforce the contract in question and force the defendant to perform the agreed upon terms instead of or in addition to paying the plaintiff money damages. It is most commonly used when there is a dispute over the purchase and sale of real estate. Specific performance is an important remedy because real estate projects often involve...