Viacom has filed a lawsuit against Netflix alleging it breached an employment contract with a former employee. According to Deadline, the cable company claims that Netflix violated terms of a contract when they hired Momita Sengupta as VP for physical production...
California Business Litigation Blog
Instead of selling your property, what if you exchange it?
If your home in the bay area has significantly appreciated in value, selling your property will mean taking on a sharp capital gains tax. Instead of selling, consider exchanging your property.A real estate professional, tax advisor, and other exchange specialists can...
Disregarding Company Separateness Cancels Loan
In Mountain Air Enterprises, LLC v. Sundowner Towers, LLC, decided on July 31, 2017, the California Supreme Court upheld a Marin County trial court decision, that the integration clause in an agreement between the plaintiff and the owners of a company, cancelled a...
Breaking Anonymity on the Internet
In ZL Technologies, Inc v. Does, issued July 19, 2017, the California Court of Appeal in San Francisco explained the test for deciding when a plaintiff's need to identify the human beings behind internet usernames outweighs those users' First Amendment right to remain...
Employee versus Independent Contractor
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,...
Call Your Lawyer Fast
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...
Own Rental Property as an LLC
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...
Landlord Loses Over Definition of “Affiliates”
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...
Buyers’ Broker Loses $925,000.00 Commission!
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...
Supreme Court Rules On Dual Agency
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...