On March 11, 2015, a California District Court held that whether or not Lyft drivers are legally employees rather than independent contractors will be decided by the jury. Cotter v. Lyft, Inc., CV13-04065 (N.D. Cal.)
The recent case of FTR International, Inc. v. Rio School District (2015) DJDAR 1141 has shifted the balance of power to contractors in public works projects.
California Civil Code § 3288 states, “In an action for the breach of an obligation not arising in contract, and in every case of oppression, fraud, or malice, interest may be given, in the discretion of the jury.” This article will review how to obtain prejudgment interest at trial and how to use such interest in an effort to resolve matters without trial.
IN THIS ISSUE:
By: Lance Adair
California law provides a statutory method of resolving conflicting interests in real property, known as an action to “quiet title.” A quiet title action may be brought to establish—or to clear title against—any kind of claimed title or interest in real property.… Read
In Castaneda v. Ensign Group, Inc., (2014) 229 Cal.App.4th 1015, plaintiff, a former employee of Cabrillo Rehabilitation and Care Center (“Cabrillo”), filed a class action against Cabrillo’s parent company, The Ensign Group, Inc. (“Ensign”) for nonpayment of minimum wages and overtime wages.
On February 25, 2015, Governor Sandoval signed into law Assembly Bill 125 which significantly reforms Nevada's construction defect law statute, also known as "Chapter 40." The reforms to the statute have been an ongoing issue in previous legislative sessions over the past 10 years and will have a significant effect on subsequent construction defect litigation in Nevada.
California law provides a statutory method of resolving conflicting interests in real property, known as an action to “quiet title.” A quiet title action may be brought to establish—or to clear title against—any kind of claimed title or interest in real property.
IN THIS ISSUE: REAL ESTATE LAW: How to Partition Real Property - The Basics, REAL ESTATE LAW: Are Co-Tenancy Agreements Enforceable, NEVADA LAW: Nevada's Newly Established Intermediate Appellate Court
A recent decision by the California Court of Appeal answers this question to a large extent, and the answer is… it depends!
In November 2014, voters in Nevada voted to amend the Nevada constitution to create an intermediate appellate court. Until the passage of this amendment, Nevada was one of ten states that did not have an intermediate appellate court.