California Court Eases Employee’s Burden in Proving Employer’s Wage Statement Violations

In 2004, the State legislature enacted the Labor Code Private Attorneys General Act of 2004 (“PAGA”), which authorizes California employees to sue their employers for Labor Code violations and collect civil penalties that would otherwise be collectible only by California’s Labor and Workforce Development Agency. PAGA suits are known as “representative actions,” in which an employee sues “on behalf of himself or herself and other current or former employees.” Civil penalties recovered in a...

Continue reading →

When to Appoint a Receiver in California

In certain types of litigation, including litigation involving real property and corporate assets, a party (typically the Plaintiff) will request that the Court appoint a receiver, or the Court may decide to appoint a receiver without being asked. A receiver is neutral person who is not a party to the litigation who takes possession of and manages property or assets belonging to one or more of the litigants.  California Rules of Court Rule 3.1179. A receiver is an...

Continue reading →

What is a Partition Action?

As a business law firm, we often deal with partnership disputes.  We have shared information on our blog on how to protect against partnership disputes, as well as tips for solving them such disputes.  Unfortunately, not all disputes can be prevented or solved.  In these circumstances, partnerships often dissolve. When that is the case, , and a partition action may be necessary to distribute partnership assets. In a partition action, known as a partition of partnership property, a court...

Continue reading →

Intellectual Property Basics for Businesses

Intellectual Property Basics It is important to protect the intellectual property and proprietary aspects of any businesses’ goods and/or services.  There are a variety of different ways to go about protecting your intellectual property, and it is important to determine what method will accomplish your goals effectively. It is therefore important to develop an understanding of the different intellectual property protection options. Depending on your company’s needs, you may want to consider either a patent,...

Continue reading →

Mold Liability in Rental Properties

The discovery of mold on rental property usually means costly remediation and litigation between the tenant(s) and the landlord.  However, California is one of the few states that have taken steps toward establishing permissible mold standards.  California's "Toxic Mold Protection Act of 2001" authorizes the state's Department of Health Care Services (“DHCS”) to set permissible levels of indoor mold exposure for sensitive populations, which include children and people with compromised immune systems.  The California law also allows the DHCS...

Continue reading →

Limiting Liability and Damages in a Contract

Certain contract terms can limit liability exposure from potential lawsuits and other claims that may arise. These terms are generally found in limited liability clauses. Certain contractual terms can also limit damages, such as a liquidated damages clause. For these terms to protect contracting parties from liability, they have to be properly drafted and in line with California law. Limited Liability Limited liability clauses are permitted by California law, but courts will strictly construe such contract...

Continue reading →