Legal Responsibility and Non-Delegable Duties
When the court speaks of one’s non-delegable duty, it essentially means that the party may not buy or bargain away the risks for performance of their actions.
Negligent Infliction of Emotional Distress
The concept of an NIED, or negligent infliction of emotional distress, is a claim that people, organizations, and companies have a legal duty to avoid causing emotional harm to other individuals.
Negligent Misrepresentation of Fact
Failure to exercise reasonable care when supplying information that could significantly impact one’s life is cause to validate negligent misrepresentation.
The Importance of Using Checklists
The utilization of checklists has powerful applications in and out of the courtroom. Webb Law Group is successful because we utilize checklists regularly.
Jack of All Trades, Master of None
When an aspect of law that we do deal with, which is litigating and resolving disputes in property, employment, and business disputes, and we're working in those 3 areas that have a we recruit a knowledgeable associate who excels in matters of the types to come assist us with the case.
Have You Experienced Personal Injury Due to Mold Contamination While Living in Lincoln Military Housing?
In Late November of 2019, Webb Law Group filed a complaint with the Superior Court of the State of California. It alleged that CAMP PENDLETON & QUANTICO HOUSING, LLC, LPC PENDLETON QUANTICO PM LP, and LINCOLN MILITARY PROPERTY MANAGEMENT LP failed to properly act on multiple reports of mold contamination in their rental properties in San Diego.
Stars & Stripes Coverage – Lawsuits Filed in San Diego Over Marine Corps Families’ Housing Conditions
The Clover family is one of three Marine Corps families to file lawsuits against Lincoln Military Housing in San Diego for negligence in maintaining safe base housing since a fourth Marine Corps family won a similar lawsuit against the company in September. Court documents from the Clovers describe constant water leaks in their home while their son's health deteriorated.
Transcription of NBC News Coverage of Mold Crisis at Camp Pendleton Military Base
Two San Diego military families say there is mold inside their military housing. NBC 7's Jackie Crea is here to tell their fight to hold the property management company accountable for the problem.
NBC News Covers Military Mold Lawsuit
NBC News 7 San Diego recently covered our case against a military housing contractor who allowed dangerous mold growth in military housing units located on Camp Pendleton.
Lack of Capacity – What Does it Mean?
At Webb Law Group, our California probate litigation attorneys specialize in challenging and defending wills and trusts. This is especially true of those where one's lack of capacity may have influenced the documents and/or apparent wishes of the deceased.
Employee Rights Case Study of Meal Breaks, Rest Breaks, Off the Clock Work, and Hour Reimbursements
Because the Plaintiff has asserted these issues on a class-wide basis, they’re trying to multiply the small amount that could be owed to [employee] by the number of other employees which could result in much greater liability.
Nonsolicitation Provisions in California & Idaho
In California, the issue of nonsolicitation provisions with regards to solicitation of employees has not been conclusively decided. However, the California legislature and California courts have set a strong precedent against these kinds of provisions.
Webb Law Group Presents at National Business Institute Seminar on HR Law and Wage Issues
On November 5, 2019, Webb Law Group attorneys Lenden F. Webb, Brooke B. Nevels, and Christopher E. Nichols presented at the National Business Institute Seminar on Human Resources Law held in San Diego, California. Webb Law Group attorneys lectured on wage and benefit issues that are commonly experienced by California employees and employers.
The Importance of Taking Action
Without that case number, without the lawsuit, without a filled complaint, you have nothing more than a breach of another agreement.
Handling Partnership Disputes
Entering into a business relationship with someone can often be a fun and exciting experience. Partners can be great to work with and may offer new, innovative concepts to develop your projects and ideas into realities. Additionally, partnerships can be a great way for budding businesses and firms to share expenses related to starting an entrepreneurial journey. However, these very common types of business collaborations can lead to some sticky situations if things go awry.
Understanding Fiduciary Duty
A fiduciary duty is an obligation to act in a person’s best interest, due to the nature of the relationship with that person. California law recognizes that there are relationships wherein one party places their trust and confidence in another, and that said relationships need to be regulated to ensure each party acts fairly and honestly.
The Importance of Communication
In my mind, there are times and places for face-to-face meetings, for a telephonic conference with your attorney. I encourage any client, though, to strongly consider the use of email with your attorney. The number one reason is accountability.
Labor Code Violations: Who’s Responsible?
According to California’s Labor Code § 558.1, an employing organization's managers, owners, directors, officers, and agents can be held personally liable for wage and hour violations. While it's true that (under certain circumstances) company employees who are sued may be indemnified by their employers, all companies have the responsibility to follow the law.
Pregnancy and Disability: Know Your Rights
On July 25th, 2011, appellant Ana Fuentes Sanchez filed a First Amendment Complaint against her former employer Swissport, Inc. She alleged causes of action for discrimination based on pregnancy disability, discrimination based on sex, and failure to prevent discrimination. Sanchez accused Swissport of failure to accommodate and engage in a timely, good faith interactive process. Additionally, she alleged retaliation, wrongful and tortious discharge from her position, and intentional infliction of emotional distress. Finally, she claimed that Swissport had engaged in unfair business practices under California Business and Professions Codes, and breach of implied and/or express contract.
What Makes Someone an Independent Contractor?
On April 30, 2018, the California Supreme Court issued a decision on the Dynamex Operations West, Inc. v. Superior Court of Los Angeles case. On that day, the California Supreme Court reinterpreted and rejected the long-standing “Borello” test. This decision was made in order to grant workers greater rights and to encourage a more worker-friendly labor standard.
How to Manage Costs
A lot of our work is done in teams where you have a law clerk, paralegal, and an attorney all assigned to your matter. The end result of this is that you can effectively litigate without burning the budget.
Common Terms Used in Wills and Trusts
Use this helpful guide to breeze through the “legalese” only experienced law firms and legal teams are familiar with so you can better understand the documents left by your deceased friend or family member.
Litigation Strategy
The challenges in a motion to strike or a demur is that in the early stages, the pleadings are taken as if everything said in the pleading (being the complaint) is true. You cannot bring in extrinsic evidence to argue or try to change or go in derogation of what's in the complaint and what's been pled.
Transactional Meets Litigation
There are two different classes of attorneys, as far as most legal work goes. There's transactional and litigation, and at our firm, we focus on litigation. The type of transactional work we typically do is a by-product of litigation.
Am I Responsible for Both Rental Car Keys?
Have you ever rented a car from a company like Avis, Alamo, Budget, Enterprise, or Hertz? Most people have, and you may have noticed something peculiar when you did. After all the documentation has been signed and you're ready to take possession of the vehicle, they hand you the key. However, they don't give you the key. Frequently, they instead hand you the keys - both of the car's keys, stuck together on an unbreakable steel lanyard. The company keeps no copies for themselves. They put you, the customer, in charge of ensuring they don't lose track of the expensive key and the spare.
Trial Lawyers vs Litigators
“Trial lawyer” and “litigator” are often interchanged as though they mean the same thing. A litigator may be a great trial lawyer, and a trial lawyer may also be a great litigator. However, there are differences in the terminology.
California Labor Violations & PAGA
PAGA authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations. In essence, PAGA deputizes citizens and allows them to pursue penalties against employers on the government’s behalf. It is another avenue for current or former employees to take against an employer for violating CA employment law and offers certain benefits.
Billing Methods
Clients have often asked me about contingency cases versus hourly cases. There is something that I firmly believe in because there are risks in both hourly cases and contingency cases.
Misrepresentation of Material Fact Law in California
A material fact is a fact that is important, significant or essential to a reasonable person in deciding whether to engage or not to engage in a particular transaction.
The Value of Service
A big motivator in lawsuits is expense, and one of the primary expenses for smaller lawsuits are the attorneys' fees. Attorneys' fees are incredibly expensive, they're prohibitive, they're why attorneys have a bad name some times, but to be honest, all the attorney has to sell is his time.
Statewide Practice
California has 58 counties in the whole state, and each county has different judges. However, we may practice law in any county in California with the assurance that the law is going to be interpreted in a similar fashion, regardless of where we are.
Probability of Success
Clients oftentimes ask me, "Am I going to win? Am I assured a victory at trial?" As much as I want to give my clients assurances of exactly what the law is, the law is a changing and moving target to some degrees.