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Blog2021-01-15T08:45:35-07:00

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.

By |December 30th, 2019|Categories: BLOG, CLASS ACTION|Tags: , , , |0 Comments

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.

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.

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.

By |September 1st, 2019|Categories: BLOG, CALIFORNIA LAW, Family Law|Tags: |0 Comments

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.

By |July 31st, 2019|Categories: BLOG, CALIFORNIA LAW, EMPLOYMENT LAW|Tags: , |0 Comments

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.

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.

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.

By |April 2nd, 2019|Categories: BLOG, CLASS ACTION|Tags: |0 Comments

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.

California Trust Litigation

Trust litigation cases can be some of the most emotionally draining cases you’ll encounter in a court room; comparable to divorce and/or child custody cases. The reason trust litigation can be such an uncomfortable case to take on, especially without an attorney, is the fact that it most commonly involves a breach of trust amongst members of a family following the death of a loved one.

By |December 10th, 2018|Categories: BLOG, CALIFORNIA LAW, Family Law, Probate Law|Tags: , , , , |0 Comments

Wrongful Termination Could Get You $8 Million

In the case of Jeanette Ortiz, a general manager for Chipotle Mexican Grill in Fresno, her wrongful termination lawsuit awarded her nearly $8 million dollars in damages. What started out as a termination under the pretense of theft of only $626 dollars in cash from the restaurant safe ballooned into a $7.97 million lawsuit.

Webb Law Group Resolves Client’s Suffering from Breach of Contract & Fraud

Some of the most common cases we have here at Webb Law Group involve matters of breach of contract. When fraud is involved, the damages not only escalate financially, but also emotionally. It's a stressful situation when you make an agreement with someone and they don't fulfill their end of the bargain.

By |October 11th, 2017|Categories: BLOG, BUSINESS LITIGATION, CALIFORNIA LAW|Tags: , |0 Comments

Webb Law Group Handling a Breach of Contract

Webb Law Group proudly takes you inside a real case that was handled by our firm. While names have been omitted for privacy purposes, we will approach the matter of a breach of contract within the context of this real case. We will take you from the complaint to the conclusion, providing a segue from legal problem to solution, with the strong support of Webb Law Group's team of attorneys and staff.

By |December 19th, 2016|Categories: BLOG, BUSINESS LITIGATION|Tags: , |0 Comments

Responding to a California Cease and Desist Letter

A cease and desist letter can be a nightmare for a business owner. More often than not, an order to cease and desist comes unexpectedly. Most ethical business owners do not intend to do anything that would infringe upon another business owner's rights, but it can happen accidentally or without the business owner's knowledge.

By |October 10th, 2016|Categories: BLOG, BUSINESS LITIGATION, CALIFORNIA LAW|Tags: , |0 Comments

Legal Recourse in Nondisclosure of Property Defect Cases

A common occurrence in the real estate world that enters the legal realm is nondisclosure of property defects. While in many cases the seller was aware of the problem and did not disclose it to the buyer, there are many circumstances where the seller was unaware of the problem when they sold the property and is now being sued for damages.

By |October 3rd, 2016|Categories: BLOG, CALIFORNIA LAW, REAL ESTATE LITIGATION|Tags: , |0 Comments

California Bank Levies, Property Levies, and Assignment Orders

Refusing or otherwise failing to pay on a debt can result in many different legal actions being taken against you. Options include bank levies, property levies, and assignment orders. Different actions may be taken for different situations. It's a good idea to know your rights as they pertain to each of these actions and what your options may be before, during, and following application of them.

By |May 4th, 2016|Categories: BLOG, CALIFORNIA LAW|Tags: , , |0 Comments

Non-Compete Agreements in California Law

Non-compete agreements are almost always found to be unenforceable in California, with only a small list of very specific exceptions listed in the statute. A notable exception is that non-compete agreements are enforceable against former owners of a company who agree to such a clause with reasonable limitations in time and geographic scope.

By |January 15th, 2016|Categories: BUSINESS LITIGATION, EMPLOYMENT LAW|Tags: , |0 Comments

Joint Tenancy Law in California

The vast majority of joint tenancies in California are used as a will substitute among family members, according to the California Legislature. In a joint tenancy, the surviving member among the title holders will inherit the property. An alternative method is to hold the property as tenants in common, in which case each party owns a percentage interest in the property.

By |January 15th, 2016|Categories: BLOG, CALIFORNIA LAW, REAL ESTATE LITIGATION|Tags: , , , |0 Comments

California Law and Cybersquatting

Cybersquatting, sometimes referred to as domain squatting, is registering, trafficking in, or using an Internet domain name with bad faith intent to profit from the goodwill of a trademark belonging to someone else. This is the term as defined by the United States federal law known as the Anti-cybersquatting Consumer Protection Act.

By |January 15th, 2016|Categories: BLOG, BUSINESS LITIGATION, CALIFORNIA LAW|Tags: , , |0 Comments

Property Dispute: Partition in Kind v Partition by Sale

Purchasing real estate can be a rewarding investment. Unfortunately, purchasing a home or business alone may be financially overbearing, and coupled with the unstable economy, the responsibility of sole ownership can be overwhelming.

Exercising Your Rights as A Co-Owner in Property

When co-owners of property are in dispute regarding co-owned property, they are entitled to bring that dispute before the court. Traditionally, when the dispute between co-owners reached an impasse, the court would physically divide the land into equal portions, with each co-owner receiving one split of the land. This is known as a partition by kind, and it is the preferred method of resolving disputes amongst co-owners of property.

By |July 8th, 2015|Categories: BLOG|Tags: , |0 Comments

Sugerencias de Deposición de California

Webb Law Group, APC is a civil law firm with offices in both Fresno and San Diego, California with a heightened focus on dedicated, honest client service. Unlike other law firms, our attorneys provide honest, straightforward advice in order for our clients to clearly understand the options and solutions available to them and we never make promises we can’t keep.

By |January 1st, 2015|Categories: BLOG, CALIFORNIA LAW|Tags: , |0 Comments

Mattress Warranty “Stain Exclusions” and Improper Inspection Fees Lead The Attorneys at Webb Law Group, APC, and Norton & Melnik, APC, to Pursue a Class Action Against Mattress Manufacturers

Over the last decade, top mattress manufacturers, such as Sealy, Serta, Simmons, and Stearns & Foster, have seen a significant rise in warranty claims. Mattress manufacturers sell their mattresses with warranties that supposedly protect against defects such as sagging or body impressions. However, they do not always honor these warranties.

By |September 29th, 2014|Categories: BLOG, CLASS ACTION|Tags: |0 Comments

The Attorneys at Webb Law Group, APC, and Olsen Law Offices, APC, are pursuing a Class Action Against Samsung for Alleged False Advertising of their Galaxy S5 Active Smartphone

Samsung advertised its galaxy S5 Active as being "[e]ngineered for your active lifestyle," going as far as saying that the Galaxy S5 Actives is both shock resistant from a drop onto a flat surface of less than 4 feet and water resistant in up to 3 feet of water for up to 30 minutes. Some Galaxy S5 Active owners have claimed they were unaware that the actual shock and water resistance was far less than advertised capabilities of their devices.

By |September 29th, 2014|Categories: BLOG, CLASS ACTION|Tags: |0 Comments

Business Partnerships: Why Having a Business Attorney Draw Up a Partnership Agreement is so Important

You have reached your goals and are finally ready to join the 5.68 million partnership businesses all ready in existence in the United States. You have carefully researched and found the perfect location, tools, staff, product, website, and partner. Webb Law Group wants to draw up those ever so important and essential partnership papers for you. You worked too hard not to have all your bases covered for your new business venture.

By |June 13th, 2014|Categories: BLOG|Tags: , |1 Comment

7 Tips on How to Apply and Obtain A Restraining Order

Documents to be Completed to Obtain a Temporary and/or Permanent Restraining Order To obtain a Temporary Restraining Order and/or a Permanent Restraining Order, you will need to fill out legal documents informing the Court of the circumstances which have given rise to your need for protection and/or immediate relief.

By |April 16th, 2014|Categories: BLOG, CALIFORNIA LAW, EMPLOYMENT LAW, Family Law|Tags: , , |0 Comments

WHAT’S EATING CORPORATIONS? ANSWER: GRIPE SITES

More than ever, consumers have the free reign to voice their opinions about products via the Internet. Whether the consumer is completely satisfied or dissatisfied they still have the ability to let their voices be heard in the loudest way possible. Consumers who want others to know about their dissatisfaction create Internet “gripe” sites. “Gripe sites” are websites devoted to critiquing a person, place, corporation, or products. Further they allow other consumers to chime in on their unpleasant experiences with a company or product.

By |March 4th, 2014|Categories: BUSINESS LITIGATION|Tags: , , |0 Comments

What is the Statute of Limitations for Breach of Contract?

Nearly every legal claim has a statute of limitations. Some are as short as thirty (30) days. Others may be longer. The concept of statute of limitation came about after World War II and the war crimes trial of Nazi officers. The statute of limitations for war crimes is rather long.

By |August 14th, 2013|Categories: BUSINESS LITIGATION, Family Law|Tags: , , , |0 Comments

Racial Discrimination 101: San Diego Employment Attorney Notes that Discrimination Comes in Different Shades

Employers and employees alike should know that racial discrimination is prohibited both under state law and federal law.  Hence, if an employee feels that if he is being treated unfairly because of his race, then he should talk to an employment attorney.

By |August 8th, 2013|Categories: EMPLOYMENT LAW|Tags: , |0 Comments

More Reasons to Consult a Reputable San Diego Employment Lawyer

Both employers and employees have to grapple with constantly changing labor laws on the federal and state levels. If you've been mistreated or let go from your job without a satisfactory explanation, a one-man crusade against a powerful and influential corporation can only go so far. Meanwhile, even if all employment in California is considered “at-will” (unless otherwise stated), employers still need to tread carefully when terminating employees.

By |August 2nd, 2013|Categories: BLOG, EMPLOYMENT LAW|Tags: |0 Comments

Government Officials and San Diego Business Litigation Firms Protect Senior Citizens from Fraud

Financial or business fraud is defined as a case wherein financial resources are not legally and ethically managed. California law allows a person to file for fraud under these circumstances: intentional misrepresentation, negligent misrepresentation, concealment or failure to disclose relevant data with intent to defraud the victim, and a false promise.

By |July 29th, 2013|Categories: BUSINESS LITIGATION, Industry News|Tags: , |0 Comments

HOW LONG DO I HAVE TO PAY CHILD SUPPORT IN CALIFORNIA?

For many people, there is a common misconception that child support ceases to exist on the child's 18th birthday.  This is simply not the case.  Absent an agreement by the parents or an incapacitated adult child, the statutory child support duty normally terminates when the child reaches age 19 or completes high school, which ever occurs first.

By |July 18th, 2013|Categories: BLOG, Family Law|Tags: , , |0 Comments

How a Business Lawyer Can Help Protect Your Stockholders’ Liabilities in Your Corporation or LLC

When you are thinking of going into business in California, you may consider forming a corporation or a limited liability company (LLC).  With both these organizations, you are protected from personal liability.  Thus, if someone were to sue you, you can rest in peace with the thought that your personal property will not be included as settlement for liabilities.

By |July 10th, 2013|Categories: BLOG, BUSINESS LITIGATION|Tags: , , |0 Comments

Sister-State or Domesticated Judgments

Have you obtained a Judgment against a Defendant who is either located in another state or whose assets are located outside of California? Do you have a judgment from another state that you are trying to enforce in California with no results? Are you worrying that you may never collect against such a Judgment Debtor?

By |July 2nd, 2013|Categories: BLOG, BUSINESS LITIGATION, CALIFORNIA LAW|Tags: , |0 Comments

San Diego Employment Lawyer Explains the Importance of Employee Handbooks

Being a business owner in California can be a frustrating experience at times. Not only do you have to worry about keeping your day-to-day operations running smoothly, but you also need to ensure that you are complying with each and every employee-friendly labor law California has to offer. Sadly, many business owners learn the hard way exactly what type of protections California employees are entitled to.  No matter how big or small your business is, you could likely benefit from an employee handbook that clearly and concisely lays out your employment policies and practices.

By |June 26th, 2013|Categories: EMPLOYMENT LAW|Tags: , , |0 Comments

San Diego Business Attorney Shows that there is a Correct Way to Collect

If a person owes another a very huge amount of money, the latter may simply fear not receiving a single cent of the debt.  Such a situation happens frequently in civil cases.  For example, you won in a civil case and the court ordered your opponent to pay you so much in moral and exemplary damages.

By |June 18th, 2013|Categories: BLOG, BUSINESS LITIGATION, CALIFORNIA LAW|Tags: , |0 Comments

Start a Business Prepared: Seek Legal Advice from a Business Attorney

Putting up a business in America's eighth largest city requires knowledge of and compliance with business laws, which a proficient San Diego business attorney can help you with. California corporate law stipulates some state requirements for the creation of a new company or business. Once you have complied with these, your business can be recognized as a juridical entity.

By |May 24th, 2013|Categories: BUSINESS LITIGATION|Tags: , |0 Comments

Essential Legal Facts to Discuss with Your Divorce Attorney in Fresno

California stipulates that a person cannot be allowed to call for a judgment on dissolution of marriage within the State's jurisdiction unless the same has been a resident for at least six months. If you fall within this law, you can file your petition with the state superior court. These requirements are provided for in California Family Code sec. 200 and 2320, respectively.

By |May 24th, 2013|Categories: BLOG, CALIFORNIA LAW, Family Law|Tags: |0 Comments

A San Diego Business Attorney has a Simple Standard in Determining Bad Faith and Cause for Litigation

When a case is presented to the court for bad faith, the court will simply employ the standard of “reasonableness.”   In other words, the court will determine if the actions of the company are reasonable under the circumstances.

By |April 22nd, 2013|Categories: BLOG, BUSINESS LITIGATION, CALIFORNIA LAW|Tags: , , |0 Comments

A Business Litigation Lawyer in San Diego Stresses It’s to Your Advantage if You Tell Everything to Your Attorney

A business litigation attorney from San Diego, Lenden Webb, advises that one key factor to getting  the most from your legal team is to trust them with all the relevant information you can give them. That means you have to tell your attorney everything.

By |March 21st, 2013|Categories: BLOG, BUSINESS LITIGATION, CALIFORNIA LAW|Tags: , , |0 Comments

If You Feel You’ve Been Dismissed Illegally, You Can Turn to these San Diego Employment Attorneys

You have just been dismissed from your work effective immediately.  You will be unemployed the next day and you have a family to support. Would you consider suing your employer in court?  You may want to see an employment attorney in San Diego before you do.

By |February 28th, 2013|Categories: EMPLOYMENT LAW|Tags: , |0 Comments

Things to Consider When Leaving Your Current Employment to Start a Competing Business

Many employers consider covenants not to compete in employment agreements essential to protecting their confidential information, their companies, and their top employees from former employees whose departures raise the threat of unfair competition.

By |February 18th, 2013|Categories: BLOG, BUSINESS LITIGATION, EMPLOYMENT LAW|Tags: , |0 Comments

How Do I Get Someone Out of My Property When They Refuse To Leave?

Most of the time when someone is residing in a residence/commercial space as a tenant there is a lease or rental agreement in place. However, at times there may be neither. In these cases, the law will likely support a finding that the tenant is a month-to-month “tenant at will”.  This is the default category for tenancies not supported by a written lease agreement in which the occupying party was initially welcome on the premises.

By |January 30th, 2013|Categories: BLOG, CALIFORNIA LAW, REAL ESTATE LITIGATION|Tags: , , |0 Comments

What are the Exceptions to At Will Employment in California?

Employment in California is presumed to be “at will” unless otherwise agreed upon between the employer and employee.  “At will” employment means that an employer can terminate the employee for any justifiable reason – or even no reason at all.  The same is true for an employee.

By |December 29th, 2012|Categories: BLOG, CALIFORNIA LAW, EMPLOYMENT LAW|Tags: , , |0 Comments

What is the Difference between Divorce, Legal Separation and Annulment in California?

If you are married in California and are considering terminating your marriage, it would be a prudent idea to consult your family law attorney before you do so.  In California, you have three options to terminate your marriage or domestic partnership.

By |December 22nd, 2012|Categories: BLOG, CALIFORNIA LAW, Family Law|Tags: , , , |0 Comments
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