More Litigation Brewing Under AB5 & Worker Misclassification

In another update to the AB5 independent contractor litigation, the California Labor Commissioner’s Office has recently filed lawsuits against transportation companies Uber and Lyft for committing wage theft by misclassifying employees as independent contractors.  The lawsuits allege that by misclassifying workers, Uber and Lyft failed to meet

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Mobile Wash, Inc. Misclassification Lawsuit

The misclassification of workers as independent contractors is a serious and persistent problem nationwide, and certainly in California. A study by the U.S. Department of Labor found that between 10% – 30% of audited employers misclassified workers and that up to 95% of workers who claimed they

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Pena v. Dey aka The Post-it Note Case

In a recent California Court of Appeal case, a beneficiary, the individual for whom a trust is created, attempted to have a signed Post-it note attached to handwritten interlineations on a trust deemed sufficient to amend the trust.  While the Court acknowledged that a signed Post-it note

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Can My Employer Fire Me Because I am Pregnant?

Do you believe you weren’t hired, denied a promotion or benefits, or were fired because of your pregnancy? If so, you’re not alone. Thousands of women file pregnancy discrimination with the federal Equal Employment Opportunity Commission (EEOC) each year. If your employer has taken adverse action against

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Independent Contractor or Employee in California?

Worker misclassification is all too common in California workplaces. According to the California Department of Industrial Relations, “misclassification of workers occurs when an employer improperly classifies their employees as independent contractors so that they do not have to pay payroll taxes, minimum wage or overtime, or comply

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Should You Use a Patent or Trade Secret?

For business owners in California, protecting your intellectual property should be a top priority. Generally speaking, a company’s intellectual property is its number one asset. Safeguarding that property through patents, copyrights, trade secrets is critical for control and monetization. What kind of intellectual property protection you choose

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Racial Discrimination in the California Workplace

In California and across the country, peaceful protests in support of equality for people of color are taking place. Our attorneys believe everyone deserves to be treated with respect, and no one deserves to have their rights violated. If your employer has discriminated against you based on

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Common Types of Workplace Sexual Harassment

Even in the era of the #MeToo movement, a recent study by the EEOC shows that nearly 75% of people who experience workplace harassment fail to bring it up with a manager, supervisor, or union representative. This hesitancy can be attributed to fear of workplace retaliation (also

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COVID-19 and Business Interruption Claims

Due to COVID-19, businesses across California and the US are facing unprecedented challenges to their operations and indeed, many small and medium-sized businesses have been forced to shut their doors permanently. While some businesses in California have been able to weather the challenges and are starting to

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Have You Experienced Personal Injury Due to Mold Contamination While Living in Lincoln Military Housing?

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.

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Stars & Stripes Coverage – Lawsuits Filed in San Diego Over Marine Corps Families’ Housing Conditions

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.

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Webb Law Group Presents at National Business Institute Seminar on HR Law and Wage Issues

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.

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Handling Partnership Disputes

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.

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Understanding Fiduciary Duty

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.

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The Importance of Communication

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.

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Labor Code Violations: Who’s Responsible?

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.

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Pregnancy and Disability: Know Your Rights

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.

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What Makes Someone an Independent Contractor?

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.

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Litigation Strategy

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.

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Am I Responsible for Both Rental Car Keys?

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.

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Trial Lawyers vs Litigators

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.

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California Labor Violations & PAGA

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.

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Billing Methods

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.

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The Value of Service

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.

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California Trust Litigation

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.

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Statewide Practice

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.

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Probability of Success

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.

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Wrongful Termination Could Get You $8 Million

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.

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Usury Law in California

Usury Law in California

Imagine being a lender and loaning someone $100,000 and not being able to collect on the interest or even the original borrowed amount. Now imagine instead if you collected interest on that loaned amount, but due to violating a California law on the loan had to pay

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Webb Law Group Handling a Breach of Contract

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.

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California Property Title Transfers

California Property Title Transfers

Transferring a California title of real estate can appear to be a complicated venture, particularly if you’re not familiar with the process. However, if you’re familiar with the process, it can be very simple. It can be done directly by the home or property owner in most

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California Bank Levies, Property Levies, and Assignment Orders

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.

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Handling a Breach of Employment Agreement

Handling a Breach of Employment Agreement

An employment agreement is a legal agreement documented in writing between an employer and their employee that creates a contract between them and explains the terms of employment. An employment contract may include any of the following: Contact information, including the names, phone numbers, emails, and/or other

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Non-Compete Agreements in California Law

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.

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Joint Tenancy Law in California

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.

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California Law and Cybersquatting

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.

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Your Intellectual Property Deserves to be Protected

Often times, most people believe that they don’t need to protect their company brand or other related intellectual property. Unfortunately for these individuals, they soon learn that protecting their intellectual property could have saved them money, time, and the rights to the hard earned property that they

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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.

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Civil Lawsuit Statute of Limitations and Time Limits by San Diego law firm Webb Law Group

SERVICE OF PROCESS Serve Defendant after Complaint Filed – 60 days after filing.  [Source: CRC 3.110] Serve Doe Defendant Added via Amended Complaint – 30 days after adding.  [Source: CRC 3.110(b)] Deadline to file Proof of Service of Summons and Complaint (proving to Court Defendant was served) – 60 days after serving

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What is the Unfair Competition Law in California?

Tom works for a marketing company that handles online marketing campaigns. His company has a general marketing strategy that they utilize in their business to successfully attract clients and effectively market them. Tom is laid off by his company and goes into business for himself. He ends

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What Does California Law Say About Cybersquatting?

With the internet growing more and more in usage for business purposes, it’s no surprise that more and more business litigation matters involve online crimes. Everything from website copyrights  and online marketing strategies to cases involving hacking and theft of online “property” are capable of being business

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How To Collect On a Promissory Note

A promissory note is a signed and legally binding document containing a written promise by the borrower to pay a stated sum to a specified person or the bearer at a specified date or on demand. Promissory notes are used for a wide variety of loans including

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How to Avoid Successor Liability

Imagine your company decides to purchase a business. The business is up for sale at a great price and seems a worthy investment for future revenue. You purchase the business, oversee a merger, and quickly begin to start generating revenue from your new enterprise. Everything seems great,

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The Basics of Business Law in California

Business law varies based on state. Whether you are a current employee or potential job seeker, or you manage a business of your own, you should be aware of the laws of your state. This is important not only in ensuring that you are being treated fairly

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Are Your Employees Committing Fraud?

You’ve worked hard to build your business into a successful organization that is run professionally and legally. If you’re like most legitimate business owners, you seek to run your business in a manner that makes money while adhering to basic standards of business ethics. More importantly, you

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How to Avoid Getting Sued

A lawsuit has the potential to be devastating for your business. You’ve worked hard to build your company into something that is financially successful and capable of building pride in yourself and the employees that work under you. There is no reason to put your business at

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Top 5 Class Action Lawsuits of the Past Decade

A class action lawsuit has the potential to devastate a business. While some companies have survived a crushing blow from a lawsuit, some companies have completely fallen apart from being sued. Let’s discuss some of the top examples of lawsuits that have happened in the past ten

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Employment Law in California

Employment law varies based on state, with each state having its own unique set of laws that apply to its employers that employees would be empowered to familiarize themselves with. Surprisingly, while employment is clearly one of the most important and common things an individual will be

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How to Prepare for a Business Lawsuit

The best time to prepare for a business lawsuit is before you have been sued or the need arises to file a lawsuit against someone or a business. There are several ways to survive a business lawsuit after the process has started, but remembering to be proactive

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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.

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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.

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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.

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Child Custody Basics

A divorce is a difficult and complex matter. Splitting up possessions and breaking up a home is not easy (check out this infographic about divorce in America). There are many important decisions to be made during the dissolution process. You should always consult your legal team to

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Divorce In America

Here at Webb & Bordson, APC we specialize in several areas of law.  Divorce and family law is one of our specialties.  We recently created this infographic to inform our readers about divorce statistics in America. Check it out and feel free to share: Feel free to

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Why Do Domain Name Disputes Occur?

Managing Partner Lenden F. Webb: “Webb Law Group, APC’s attorneys represent commercial domain name registrants in portfolio protection matters, trademark infringement threat letters and litigation. Our understanding of cyber squatting and trademark law ensures that our litigation techniques are not only advanced but comprehensive and cost-effective.  Our firm also

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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.

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Class Action Lawsuits in the United States

  Feel free to embed this infographic on your blog by copying the code below: Fresno Branch: 466 W. Fallbrook, Suite 102 Fresno, CA 93711 T: (559) 431-4888 F: (559) 821-4500 San Diego Branch: 10509 Vista Sorrento Pkwy., Suite 430 San Diego, CA 92121 T: (619) 399-7700 F:

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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.

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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.

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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.

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The Attorneys at Webb Law Group, APC, and Blumenthal, Nordrehaug & Bhowmik filed a Class Action Complaint Against General Atomics for Alleged Wage & Hour Violations

On March 19, 2013, the employment attorneys at Webb Law Group, APC, and Blumenthal, Nordrehaug & Bhowmik filed a class action complaint against General Atomics for alleged wage and hour violations.  Gray v. General Atomics, Case No. 37-2013-00040131-CU-BT-CTL, is currently pending in the San Diego County Superior

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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.

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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.

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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?

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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.

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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.

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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.

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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.

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