June 2015 -

The Letter of The Law: June 2015


IN THIS ISSUE:

Bankruptcy: Considering Filing A Chapter 7 Bankruptcy?

Construction Law: Entry of Judgment Pursuant to Terms of Stipulation for Settlement – Avoiding Pitfalls in the Use of CCP Sections 664.6 and 664.7

Personal Injury: Who and What Does Uninsured Motorist Provisions Cover

 

CONSIDERING FILING A CHAPTER 7 BANKRUPTCY?Read

May 2015 -

Considering Filing a Chapter 7 Bankruptcy?


A chapter 7 bankruptcy is more commonly referred to as a “liquidation” or “straight” bankruptcy, meaning that an individual debtor’s assets will be liquidated by a court appointed trustee, and the proceeds, if any, will be used to pay off – pro rata – the debts owed to creditors.
May 2015 -

Entry of Judgment Pursuant to Terms of Stipulation for Settlement – Avoiding Pitfalls in the Use of CCP Sections 664.6 and 664.7


You have worked very hard to get a case ready for settlement or trial and the parties are now ready to settle the case in its entirety.
May 2015 -

Who and What Does Uninsured Motorist Provisions Cover


In Nevada, in determining as to whether a claim of injury is covered by the uninsured provision of an insurance policy depends on the interpretation of the uninsured provision.
April 2015 -

The Independent Contractor Versus Employee Debate “Lyfts” Itself to the Jury


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.)
April 2015 -

Improper Withholding of Retention Results in Penalties


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.
April 2015 -

Prejudgment Interest on Unliquidated Damages


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.
March 2015 -

The Letter of the Law: March 2015


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.
March 2015 -

A Parent Corporation May Be Liable for the Nonpayment of Wages by its Subsidiary


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.
March 2015 -

Reforms to Construction Defect Litigation Signed Into Law in Nevada


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.
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