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.
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.
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.
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.
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.
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 the matter of a wage and hour dispute within the context of this real case. We will provide a segue from legal problem to [...]
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 [...]
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.
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.
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 [...]
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.
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.
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 [...]
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 [...]
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.
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?
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.
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.
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.
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.
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.
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.