Operation Warp-Speed well under way and millions of Californians vaccinated for COVID-19, many still have yet to be vaccinated. And some do not want to be. In fact, a recent survey by the Kaiser Family Foundation found that 27% of Americans are “vaccine hesitant,” saying they probably or definitely would not [...]
Although estate planning is very personal, and requires a detailed understanding of your intent, there are four critical documents that every California estate plan should have, particularly if you want your heirs to avoid probate or costly litigation. Will Your will serves as the ultimate guidebook on who will receive the [...]
What can employers expect next in terms of COVID legislation and oversight? Since President Biden took office, he has signed a number of Executive Orders relating to COVID-19 as well as a detailed, if not ambitious, 200-page National Strategy For The COVID-19 Response and Pandemic Preparedness (the “Plan”). The purpose of [...]
2020 was a year for the books and as a result, there are several new laws that require employers of all sizes to update their employee handbook. If your company has not updated its employee handbook to address these new laws, you will want an experienced business lawyer to review your [...]
As we have discussed in previous posts, the 2020 Families First Coronavirus Response Act (FFCRA) was drafted to provide temporary paid leave benefits due to COVID-19. The benefits extended to employees of U.S. employers with less than 500 employees. While the FFCRA leave benefits expired under the original statute on December [...]
Several new laws went into effect at the start of this year, several of which have a substantial impact on California businesses. These laws range from Covid-19 policies, minimum wage increases, to expanded leave benefits. Continue reading for highlights of the new laws, effective January 1, 2021. Notification of Potential Covid-19 [...]
Last March, businesses across the state of California were forced to temporarily and permanently shutter their doors. For business owners considering filing an insurance claim for business interruption resulting from the pandemic, now is the time. What’s more, if your business filed a claim that your insurer has disputed, you may [...]
Proposition 19 will go into effect February 16, 2021, and due to the substantial impact California Proposition 19 will have on your property taxes, we are publishing this newsletter to provide you a summary of the major effects of Proposition 19. Effect of Proposition 19 on Homeowners Proposition 19 will adversely [...]
When companies put their financial interests over employee rights, issues can arise. One common issue relates to bonus and commission earners. As a California employee, you have the right to be paid what you have earned and there are several California laws that protect against the unlawful withholding of bonuses and [...]
Over the last year, we have talked extensively about AB 5 and its effect on businesses and workers across California. To recap, AB 5 codified the Dynamex court decision and made the ABC Test for classifying workers as independent contractors the law in California. Many independent contractors were negatively affected by [...]
Over the last six months, many people have found themselves without work, and for a number of these workers, their unemployment status is not welcome. During the coronavius pandemic, many businesses have had to quickly cut costs and sometimes, this includes terminating hardworking men and women. While California is an at-will [...]
As counties are taken off the COVID-19 watch list and state and local governments slowly permit employees to return to work, California employers need to be prepared to protect both themselves and their employees against a myriad of issues relating to COVID-19. In our current climate of uncertainty, those issues can [...]
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 their obligations as employers [...]
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 may be sufficient in [...]
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 were misclassified as independent [...]
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.
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.
Failure to exercise reasonable care when supplying information that could significantly impact one’s life is cause to validate negligent misrepresentation.
The utilization of checklists has powerful applications in and out of the courtroom. Webb Law Group is successful because we utilize checklists regularly.
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.
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 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.
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.
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.
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.
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.
Without that case number, without the lawsuit, without a filled complaint, you have nothing more than a breach of another agreement.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
Breach of contract cases can be extensive and costly for all parties involved. There is a lot to document before you can even file suit and, as time is money, unpaid dues can balloon quickly with interest accumulation. Webb Law Group would like to take you inside a recently settled breach [...]
In April of this year, the California Supreme Court gave a ruling that made it more challenging for employers to classify employees as independent contractors. If you heard about this ruling, you also probably heard about its potential implications for big companies that revolve around independent contractors like Uber and Lyft. [...]
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.
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.
Nonsolicitation agreements are binding and can land a former employee of a company in hot water for unfairly competing by trying to poach clients from their previous employer.
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.
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 back the borrower 3 [...]
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 a Royalty Agreement Contract within the context of this real case. We will take you from the Complaint [...]
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 this Class Action wage and labor dispute within the context of this real case. We will provide a segue from legal problem to the [...]
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 wage and hour dispute within the context of this real case. We will provide a segue from legal problem to [...]
For information about the Ackerman v Chico’s lawsuit, please visit and view the documents available at the Los Angeles County Superior Court at the following link: "https://www.lacourt.org" using case number BC586078
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 professional negligence case within the context of this real case. We will take you from the complaint to the conclusion, [...]
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.
A breach of contract occurs when an agreement between two parties is not honored and any or all of the terms have been violated. When a breach of contract has occurred, the adverse party will often seek damages in order to recover losses from the contract not being honored. There are [...]
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.
Knowledge of employment law in California can be particularly beneficial in situations involving hour and wage disputes. Most California workers are aware of the basics.
Contracts are very important for many reasons. Not having a contract and going strictly off of a handshake or a spoken agreement can make your case pretty shaky in court. It's not undoable, granted, but it's difficult. It's just hard to prove anything if there isn't some form of documented evidence. [...]
You've worked hard your entire life with this day often in the back of your mind: the day you can put all that hard work into a long, enjoyable retirement. You've been a valuable employee to your company. You've done all the right things and this time is yours to enjoy. [...]
One of the most important decisions a business owner can make when establishing a new business is whether to establish the business as a California Limited Liability Company, LLC, or as the California S Corporation, S-Corp.
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.
Having a job where you don't feel valued or properly compensated can certainly be a bad thing. It can get ugly, however, when you're actually not paid in accordance with the terms in your employment contract and/or state law.
Quiet title action is performed in order to determine who the actual owner of a property is. It may also be used to determine individual interests in a property. A quiet title action will usually occur when parties with interest in a property disagree or have a dispute about their rights [...]
WEBB LAW GROUP, APC, is currently pursuing a proposed class action against Coast Dental Services, Inc., dba Smilecare. Consumers who received dental services from the above named companies may be eligible to join in a class action lawsuit. Coast Dental Services, Inc., purchased Smilecare in 2012. In California, there are approximately [...]
Breach of contracts can often times be settled out of court. It may take a little coaxing, a few reminder letters, and you may even have to threaten legal action, but often you can get an individual who owes you money through a breach of contract to pay. Regardless of whether [...]
Running a business can be tough. Trying to get the clients to make payments 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 idea is to start out [...]
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 cases. In cases involving [...]
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.
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 identifying information of all [...]
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 idea is to start [...]
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.
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.
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.
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.
Having a great idea can lead to a product patent and ultimately make you money. Learn the process of getting a patent and make sure no one steals your ideas.
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 have developed. If you [...]
Labor Laws can often be confusing and difficult to understand, that is why it is extremely important that you are aware of your rights as an employee. Laws can vary from state to state; however, in the state of California, the laws are written quite specifically. If you believe you may [...]
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.
Sometimes parties to a lawsuit will find themselves in a situation in which multiple Plaintiffs are suing a particular Defendant for the same cause of action and/or based on the same facts. This most often occurs in a class action lawsuit, however it is possible for this to occur without a [...]
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 complaint. [Source: CCP § 583.210] [...]
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 up building a successful [...]
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 litigation matters that end [...]
Trade secrets are sometimes more valuable to a company than even a large sum of money. How a company does business, from its manufacturing processes to its client lists, is valuable information that could cost a company dearly if revealed. If a secret formula or manufacturing process for a product is [...]
Covenants not to compete, also known as non-compete clauses, are very common and popular additions to employment contracts. These clauses are written by the employer in order to prevent former employees from either working for or starting a similar company in a comparable field. The concept is protection from former employees [...]
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 but not limited to [...]
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, right? Two years later, [...]
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 if you are an [...]
Lawsuits involving breach of contract are becoming more and more common. There are many reasons why a breach of contract lawsuit may be necessary. Often times, an individual or company may fail to deliver the services or products for which they were paid and refuse a refund. Other times, this individual [...]
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 take the law seriously. [...]
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 risk for a lawsuit, [...]
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 years and their impact [...]
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 involved with, there are [...]
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 in all that you [...]
Fresno Business Litigation Attorney
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.
Protecting your business from fraud is a daily task that is draining if ignored. Prevention is both time saving and can save the company if a lawsuit is filed. When owning, or being a part of a business both big and small, your name is on the line when it comes [...]
How does fraud impact a business? Some statistics may alarm you. Business Fraud Statistics (click for larger view)
A class action lawsuit can be a nightmare for a small business. If you have taken the time, efforts and money to build your business, you do not want to see it be destroyed by a class action lawsuit. Learn more about how these lawsuits can destroy your business and how [...]
If you find yourself in a situation where you have entered a contact, and have met the obligations per the terms, but you cannot get the other party to fulfill their obligations, you may be in need of filing a breach of contract lawsuit. There are several things you need to [...]
Webb & Bordson discusses the FCRA and employers failing to properly notify potential employees of when a consumer report will be obtained.
Webb & Bordson discusses a Mattress Manufacturer Class Action Lawsuit and how you may benefit.
Webb & Bordson discusses questions to ask your potential litigation attorney.
There are many laws governing the hiring of employees, from the questions an employer is allowed to ask, to how job placement ads must be worded. While there are many ways to hire a new employee, there are also many ways to get into trouble when doing so. Here are five [...]
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.
Are Employers Violating Applicants’ Fair Credit Reporting Act Rights When They Obtain An Applicants Consumer Report?
When you applied for your job how many forms did you sign? Often times employers force applicants to sign a multitude of forms that allow employers access to an employee's personal and private information.
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.
It’s one of the worst things you can ever find yourself facing in any kind of business. A lawsuit has the potential to rock everything you do right to the core and leave you with a mess that takes years to clean up. That’s assuming of course that it doesn’t turn [...]
There are times in business when a non-compete agreement is an absolute must for the sake of all involved parties, though the actual agreement itself is the subject of much misunderstanding. From what it involves to the way in which it is both produced and enforced, it’s important to understand at [...]
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 are looking into dispute [...]
Your payment to the insurance company is a contract of sorts. An insurance company's failure to defend you could lead to a breach of contract action.
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 make sure you are [...]
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 embed this infographic on [...]
Deciding to get a divorce is a long and emotional decision. It should not happen overnight, and rest assured the divorce will certainly not take place overnight. It will be a lengthy and strenuous process that could take months or years to finalize. Many factors, personal and financial, have to be [...]
The thought of going to court to settle a business matter can be overwhelming. Generally this type of business dispute can take a great toll on your business, and some companies never return to the pre-law dispute status. Business ligation could be between business partners (click here read our blog on [...]
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 engages in complex litigation [...]
Here at Webb and Bordson, APC we hope that you never have to go through the pain of a business dispute litigation process. On that note, we want to give you some handy and valuable business tips that may keep you and your business out of the court system or may [...]
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.
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: (619) 819-8400 The content [...]
For employers, an employee handbook can provide employers with an extra layer of protection if sued by a disgruntled employee. A well drafted employee handbook can be used as evidence of the standard policies governing conduct within the company on many key issues such as length of employment, anti-harassment policies, compensation [...]
The United States Department of Agriculture, through the Perishable Agricultural Commodities Act (PACA), assists individuals and entities in the produce industry by ensuring fair trade practices with respect to the buying and selling of fruits and vegetables. Specifically, PACA assists by facilitating the mediation and/or arbitration of claims, as well as [...]
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.
Although sexual harassment can carry severe legal consequences it is still a serious problem in workplaces across the United States. We understand how difficult it can be to cope with such a situation.
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.
Double jeopardy is a law that stops the government from trying a defendant more than once for the similar or same charges following a legal conviction or acquittal. In addition, the legal theory of double jeopardy protects a person from being subject to successive punishments for the same offense. California has [...]
Do you have to be under contract to be sued for breach of contract? By its very term, “breach of contract” presupposes the existence of a contract. Hence, the parties in a breach of contract case must be under contract or a valid, legal agreement. Perhaps a better way to frame [...]
When a landlord agrees to rent a piece of his property to a tenant, he and the tenant execute a document called a lease agreement. That document is honored by the state as a legally binding contract. Thus, both parties are bound to honor the terms of the contract. Otherwise, the [...]
As a breach of contract attorney in San Diego, I know suing or getting sued for breach of contract requires three elements which may be compared to a camera’s tripod. Like a tripod, if one element or “leg” is missing, then the tripod or case cannot stand. The three elements that [...]
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.
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.
To file or not to file. That may be the question in the minds of victims of sexual harassment in California. The victim may have to gather evidence quickly and (with sufficient evidence) file a case against the offending party. Time is an important factor here. In California, an individual is [...]
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.
“You’re fired!” These words can be very devastating to an employee. When an employee is terminated from his job, he suddenly loses a regular source of income. In California, under the “at will” doctrine, an employer may terminate an employee for whatever reason as long as that reason is not unlawful. [...]
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.
Need for an Effective Business Lawyer in San Diego: New Ruling Warrants Smarter Decisions When Filing Class Action Suits
A New York federal appeals court recently reversed the ruling of a lower court regarding a class action suit filed against Google, specifically for its Library Project. The case was brought forth by the Authors Guild, which claims to represent tens of thousands of authors who are filing complaints against the [...]
Pregnancy is a joyful time in a woman’s life when she prepares for the birth of her new child. It is also a time when she takes time off from work as her pregnancy progresses, and also when it comes time to bond with her new-born baby. If the woman is [...]
As a law firm which specializes in Employment law matters in the city of San Diego, this is a question we come across often. California is one state which does not mandate employers to give their employees paid vacation. However, if a company chooses to provide its employees with vacation, then [...]
You fall in love, get married, and expect that your wedded bliss will last forever. Sadly, this is not the case for more than 40% of marriages in the United States. If you are dreading the traditional lengthy court battles that come along with divorce, perhaps it is time to consider [...]
For many people, the idea of a pre-nuptial agreement is insulting and ridiculous. However, for others, it is a way to ensure that the things you have worked so hard for are protected in the event of a divorce.
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 Court for the State [...]
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.
We only *defended* class actions, with several post-certification cases we were proud of. However, we began taking Plaintiff's cases a few years ago. Why? The answer is simple, bad actors often hide behind their corporate shield, spewing injustice to the public at large.
No deal is ever written in stone. Partnerships for whatever reason may be broken. Be it bad faith or bad habits, the break-up of a partnership is almost always painful. You (and your partners) are at a quandary as to what to do next.
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.
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?
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.
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.
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.
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.
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
Trade secrets by definition are confidential pieces of information that are proprietary in nature. Many different types of information can be considered confidential.
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.
Unfortunately, a number of insurance companies (or their marketing agents) may be engaged in unfair practices. It is precisely because insurance is a matter of public interest that California has enacted legislation to protect consumers.
Another business using an identical trademark as yours could sow confusion in the market. Who’s really selling what to whom? And that could mean lost revenues for your company.
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.
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.
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.
Not too many law firms have the experience and competence to take on a class action law suit. If you have experienced injury by a product or business entity and you think there are others in your situation, it is best to consult an attorney experienced in class actions.
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.
When you are going through a divorce in California, you may want to handle it yourself without the assistance of a lawyer. In legal terms, you would be an in propria persona, or what is more commonly known as a pro per.
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.
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.