A trial court that granted a defendant’s petition to compel arbitration has jurisdiction to lift the stay of trial court proceedings where a plaintiff demonstrates financial inability to pay the anticipated arbitration costs; in such a situation, the court may require the defendant either to pay the plaintiff’s share of arbitration costs or to waive the right to arbitration. Plaintiff
The law provides in part that a minor’s “willful misconduct” causing injury or death to another, or damage to the property of another, “shall be imputed to the parent or guardian having custody and control of the minor” for civil liability purposes. (Civil Code §1714.1, et seq. as well as under the Education Code § 48904(a)) The law also provides
Brewer v. Patel (1993) 20 Cal.App.4th 1017 made it clear that “on call” or “stand-by” time or waiting time is not compensable to property managers when they are waiting for a plumber or prospective renter to show up. Brewer v. Patel concerned a motel employee who was required to live on the premises, but only worked about 5 hours a
The California state legislature has passed, and the governor signed, AB832. Here is the text of AB832
See also Governor Newsom AB832
The highlights are:
Crossing the line and too much information! Effective Nov. 1, 2018 Cal. Rule of Professional Conduct 1.2.1.
The issue is if a lawyer knowingly choses a form, that is outdated, because he likes that it contains a clause beneficial to the client, but that clause has been made unenforceable (i.e. illegal) due to a statute or case law, the lawyer
Conformed pages Complaint Finally, common sense prevails in Santa Monica “related to housing laws”! In the Federal (9th Circuit) case of Salisbury v. City of Santa Monica (2021) What is even more entertaining, is the video argument. Check it out: Salisbury Video of Oral Argument Judge Bea is so cool and old school, really knows how to get
Partners, and spouses, can lose title insurance if they transfer title out of their names or the entity in which they took title without first obtaining the proper title insurance Endorsement. The most common endorsement is called a Residence Held in Trust Endorsement (HO 05 43) If the transferor signs a grant deed, he is deemed to make the covenants described
Residential leases, in any facility where a person “resides”, cannot contain a mandatory arbitration clause. The plain language of Civil Code Section 1953 states that waivers of litigation rights in a lease or rental agreement are void as public policy, and Civil Code section 1940 extends these rights to tenants, lessees, boarders, or others of a “dwelling unit.” This has
Title VI of the Civil Rights Act of 1964 was clearly extended to protect Jews as “a nationality”. However, while thousands of year ago that may be a true statement, perhaps as early as King Solomon’s time, Jews have lived in other nations. Today, and for hundres, if not over two thousand years, Jews do not consider themselves a nationality,
Does this Federal Court’s ruling mean that Jews are “not white”? Shaare Tefila Congregation v. Cobb, 481 U.S. 615 (1987)
The U.S. Supreme Court held in a case where a synagogue was painted with anti-Semitic slogans and symbols, a lawsuit was filed in Federal District Court, alleging that the desecration violated 42 U.S.C. § 1982. The trial court dismissed petitioners’
