A person can establish an easement to use a portion of another person's property, using the other person’s property that way, openly and obviously, adversely without permission, for at least five years. Neither the user nor the owner need to know that the user does...
California Business Litigation News
You Don’t Need to Know Which Bad Guy Did It
In the usual negligent injury case, the victim must prove that the bad guy was negligent, that the victim was injured, and that the bad guy’s negligence caused the injury. In some cases, we know that several persons were negligent, that the negligence caused the...
Can California employers still enforce non-disclosure agreements?
Employers generally include various protective clauses in their contracts with new workers and those moving into different positions within their organization. Restrictive covenants are among the most valuable contract inclusions for employers trying to limit a...
Coyote Aviation Corp. v. City of Redlands
If a term of a written agreement you are negotiating is not exactly as agreed, do not let it go. In Coyote Aviation Corp. v. City of Redlands, Coyote negotiated a twenty-year lease with two fifteen-year options to extend, to build a hangar at the Redlands airport, was...
Can insurance help offset the cost of defective products?
A product recall can be very expensive. Frequently, businesses become aware of issues with specific products or even individual production batches when consumers complain. In some cases, they may ask for refunds of the amount paid to purchase an item because it does...
Danger of Accepting Rent After Eviction Notice
If you are a landlord of space which is not residential, not a home, not a condominium unit, and not an apartment, and you serve a tenant with a notice to pay rent or quit, or a notice to perform or quit, or a notice to quit after termination, and then the tenant...
Can California employers still enforce non-disclosure agreements?
Employment contracts help limit the risk that comes with hiring new talent. Many employers like to integrate restrictive covenants into their contracts with workers to protect against future misconduct. However, California has implemented rules limiting the use of...
Addressing zoning issues when converting offices to condos
The purpose of real estate investing is to convert available credit or capital into an income stream. Investors and businesses may acquire commercial real estate with the intention of placing tenants at the property and collecting rent. Other times, the goal is to buy...
A licensing agreement doesn’t eliminate IP violation risk
Intellectual property can help a business compete with other major players in the same industry. Patents allow businesses to improve upon existing processes and products. Copyrighted creations can be sources of revenue or important for company branding. Many...
Buyers Must Make Sellers Prove Signer is Authorized
I bet you thought you could rely on your title and escrow company to make sure that the signatures on a purchase or loan transaction, are valid. In Sam v. Kwan, published on April 19, 2024, when the seller purchased the subject property in August 2014, all the...