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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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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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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Collecting on Contract & Business Debts

Collecting on Contract & Business Debts

Running a business can be tough. Trying to get the clients to make ends meet is hard enough. When your clients or customers won’t pay, things are even worse. There are lots of options available to you in collecting from customers that won’t pay, but a good

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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

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California Law and Cybersquatting

California Law and Cybersquatting

The practice that’s come to be known as cybersquatting began when most organizations were not aware of the commercial opportunities available on the internet. Many individuals decided to buy up domain names with the idea that when business owners began to look to register such domain names

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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. This is when a partnership interest in a property becomes financially appealing. With this

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What You Need to Know About Patent Litigation

The mind of an inventor never stops. They are continuously thinking of new ideas and innovative methods. When they’ve finally mastered their latest idea, they can apply for a patent. In the most basic terms, a patent is a form of protection that provides a person or

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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

Jane and Jill, sisters, inherit a 3,500 sq. ft. parcel of property located in a residential neighborhood that has a 3,000 sq. ft. home built on it. The property was inherited from their parent’s will shortly after both parents passed away. The house is located in California,

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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

Welcome to Webb Law Group, APC. 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

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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

Webb & Bordson, APC, together with Norton & Melnik, APC, are currently pursuing a proposed class action against the mattress companies of Sealy, Serta, Simmons, and Stearns & Foster for alleged unfair business practices. Consumers who purchased mattresses from any of the above-named mattress companies may be

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What is the Difference between Mediation and Arbitration?

Litigation is time consuming and expensive. Instead, many opt for dispute resolution whenever possible because it eliminates the need for a jury and provides more control for the parties. The two primary types of dispute resolution in the American court system are mediation and arbitration. If you

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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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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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Are You Being Sexually Assaulted at Work? How to Know

Although sexual harassment can carry severe legal consequences it is still a serious problem in workplaces across the United States. As San Diego employment lawyers, we understand how difficult it can be to cope with such a situation. This blog post will explain what sexual harassment is

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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 & Bordson, 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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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?  OR Do you have a judgment from another state that you are trying to enforce in California with no results? Are you worrying that

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From Soft Drinks to Silicon Valley, a San Diego Business Attorney Believes that the Secret to Having the Edge in Business is Keeping Your Trade Secrets

The sweet-taste with the distinctive “kick” is one flavor many Americans wouldn’t forget.  It’s the taste that has earned Coca-Cola billions of dollars in sales.  The formula for Coca-Cola is also one of the best-kept trade secrets in American corporate folklore. Today, in the Information Age, the

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