Businesses are examining the option of treating the people who do the work for them as independent contractors and not employees. Independent contractors can be denied most of the protections the law provides to employees. These include, but are not limited to,...
If you are injured by someone, your property is damaged, or someone breaches a contract with you, call a lawyer immediately. Even though the statute of limitation for personal injury and property damage is 3 years, and for breach of contract is 4 years, if one of the...
You should own their commercial rental property in a limited liability company to protect your other assets and savings from claims and liability for the actions or omissions of tenants, contractors and others. All sophisticated and well-advised owners of real estate...
The dictionary definition of "affiliated" may be narrower than you think. It only covers companies who are related by ownership. It does not cover persons who have some interest in common. As will become apparent, the thing affiliates have in common is that someone is...
In Westside Estate Agency, Inc. v Randall, released on December 1, 2016, the Los Angeles Court of Appeal held that a broker representing a buyer, who did not have a written representation or commission agreement with the buyer, could not collect a...
This morning, November 21, 2016, in a unanimous decision, the California Supreme Court re-affirmed that when the real estate agent for the seller and the separate real estate agent for the buyer, both work for the same real estate brokerage company, then they both are...
If a borrower for a loan secured by commercial real property applies for the loan in the person's own name, the lender is likely to insist that the property and the loan be in the name of a Single-Purpose-Entity (SPE). The lender does this in order to qualify for...
From time to time I write about a new court decision of interest to real estate and construction professionals, and punctuate my comments with the observation that the courts are not stupid and cut through the technical and procedural to get to what is really just....
It has happened again. The trial court and the Court of Appeal in Los Angeles have upheld a $5.42 million jury verdict, where the business posted two security guards in its unisex bathroom area all night until very late, and as soon as they left their post, an...
MediMarts, Inc., a marijuana dispensary, sued the City of San Jose, to prevent it from enforcing its ordinance imposing its Marijuana Business Tax and requiring MediMarts to submit tax returns disclosing the amount of its sales of cannabis-containing-products, on the...
