Courts have long acknowledged that misclassifying an employee as an independent contractor can be a costly slip-up for a business. In making this employee/independent contractor classification, the California Supreme Court has noted that employers may consider (i)...
Month: November 2014
AB 1897 – Joint Liability For Businesses & Labor Contractors in CA
Effective January 1, 2015, California will impose apply joint liability on labor contractors and their business clients who fail to pay adequate wages or fail to provide workers' compensation coverage (AB 1897). This new law will be codified as Section 2810.3 of the...
I’ve Finalized My Estate Plan – Now What?
After the lengthy estate planning process has finally been completed, clients are often ready to move on to greener pastures; however, this can prove to be a costly mistake. One of the most important post-formalization steps is placing the original estate planning...
Right of First Refusal versus Right of First Offer – What’s the Difference?
The terms Right of First Refusal (ROFR) and Right of First Offer (ROFO) are often thrown around in real estate and corporate negotiations. Whether you are negotiating rights relating to stock/membership options, commercial lease expansions, or property purchases, the...
Starting a Business? Consider These Five Tips!
When starting a business, there are many common mistakes made by entrepreneurs. By recognizing these mistakes early, or by preventing them altogether, the business will have a better chance of long-term success. Below are five tips that entrepreneurs should consider...
9th Circuit Permits Commercial Property Owners to File “Property-Based” Tort Claims Against Unions
Unions engaging in the federally protected right to picket can cause difficulties for commercial real estate property owners, driving away potential customers and impacting sales. The Ninth Circuit has just handed owners a powerful tool to create and maintain...
Update: SB 968 Signed Into Law by Gov. Brown
As previously noted on this blog, a clash between private property owners and coastal access advocates has been raging in the court system. By signing SB 968 on September 30, 2014, the State of California is now meddling with the previously private dispute. SB 968...
Pet Restrictions and Enforcement in Mobilehome Parks
Mobilehome parks often have pet restrictions and pet conduct policies embedded within their rules and regulations; however, the park owners and managers must understand what restrictions are enforceable under the current laws. As a practical matter, mobilehome park...
Subdivided Mobilehome Parks – Protections to Residents
The process of converting a mobilehome park to resident ownership is a lengthy and complex process. The process is made even more complicated and fraught with fear due to extensive misinformation about the process and protections ultimately afforded to residents...
Short-Term Vacation Rentals and Homeowners Associations (HOAs)
If you would like to rent out your condominium unit on short-term vacation rental websites like Airbnb or Craigslist - be careful! Property owners often do not consider the rules and regulations of their Homeowners Association ("HOA") before doing so. As one San Diego...