FAQ

California no longer categorizes duty based on whether the injured party is a trespasser, invitee, or licensee. However, these categories come into consideration in evaluating whether a landowner acted reasonably in light of the circumstances. As stated in Beauchamp v. Los Gatos Golf Course (1969) 273 Cal.App.2d 20, 25 [77 Cal.Rptr. 914], factors to consider are:

1. whether a possessor of the premises has acted as a reasonable man toward a plaintiff,
2. probability of injury,
3. the circumstances under which the trespasser came upon defendant’s land,
4. the probability of exposure of plaintiff and others of his class to the risk of injury,
5. as well as whether the condition itself presented an unreasonable risk of harm, in view of the foreseeable use of the property.

A private conversation with a neutral mediator. Each side has its own conference room. You will not be speaking to the other side or their counsel directly. The conversations occur between the mediator and the parties, usually one at a time and privately in a separate room with your attorney at your side anytime you are speaking with the neutral.
The mediator will spend the day going back and forth between parties sharing information and offering their opinion on what we should do. We share all of your facts with the mediator in an effort to get the mediator’s honest opinion of your case.

If we settle the case, then a settlement agreement is signed immediately with a formal version in the following weeks. Payment is usually made 30-60 days within date of final signature of the agreement. However, be prepared to walk away from the table if necessary.

All communications, negotiations, or settlement discussions in the course of a mediation are confidential and are not admissible or subject to discovery, with small exceptions under California law. However, facts disclosed to the mediator may be shared with opposing counsel during the mediation. If you do not want something shared, please be sure the mediator takes note of this instruction.

California Welfare and Institutions Code section 15610.30(a) broadly defines financial abuse, which occurs when a person or entity does any of the following:

• takes, secretes, appropriates, obtains or retains, any interest in real or personal property, for a wrongful use, or with intent to defraud or both; or
• assists in doing any of the above described acts; or
• does any of the above described acts through “undue influence” as defined in Welf. & Inst.C. § 15610.70. [Teselle v. McLoughlin, 173 Cal. App. 4th 156, 174, 92 Cal. Rptr. 3d 696, 712 (3d Dist. 2009)]

An abuser can be:

• Strangers
• Friends and/or neighbors
• Family members
• Caretakers
• Financial advisors or someone who manages the elder’s finances
• Bankers and tellers
• Insurance and annuity salespersons
• Mortgage brokers

Tenants in common own an equal share of real estate. Each co-tenant has an equal right to possess or use the entire property, and that the rent of maintenance costs of the property is shared among the co-tenants according to their ownership interest. Each co-tenant also possesses a share in the value of the real estate as it appreciates. Some examples of how tenants in common interest may work:

Example 1: Owners A, B, and C are tenants in common. A owns a 50% interest in the property while B and C each own a 25% interest. All three have an equal right to possess or use the entire property while they are living in it. But if they choose to rent out the property, A will receive 50% of the rent while B and C each get 25%.

Example 2: Owners A and B are tenants in common, each owning a 50% interest in the property. If A sells his interest to buyer C, then C becomes a tenant in common with B, with 50% interest and an equal right to use the property (regardless of B’s wishes).

Example 3: Owners A and B are co-tenants, each owning a 50% interest in the property. A dies without a will and is survived by his daughter X. So X now owns 50% interest in her father’s property and is an equal co-tenant with B.

If your food was grown or raised by California farmers or ranchers, you depend on someone who either has a water right or buys water from a water supplier who has a water right (such as an irrigation district). If you live in the city or suburbs and drink, cook with, wash with, or water your yard with water, you can do so because your city has a water right or buys water from someone who has a water right. If you swim, fish, or boat in a man-made lake or raft below a dam, you can do so because the dam owner has a water right.

We can assist with:

• Entitlements
• Easements
• Property rights
• Property Disputes
• Problems with governments
• Zoning
• Problems with governments
• State laws, local ordinances and municipal contracts
• Disputes with neighboring property owners
• Eminent domain
• Regulatory taking of property
• Unconstitutional restriction on uses or changes in uses
• Permitting, processing, negotiation and litigation with government agencies 

In any residential commercial transaction, a seller has a duty to disclose any material defect with the property. What is a material defect? Material defects are anything which would impact the value or desirability of the home. This is judged from the buyer’s perspective. A buyer who would not have purchased the property if they knew about the defect would be entitled to a claim for damages. For example, if you were sold a house and the seller failed to disclose that mold exists on the property, and you would not have bought the house if you had known about the mold, then you would be entitled to damages.

In California, the seller is required to provide the buyer with a comprehensive document known as the Real Estate “Transfer Disclosure Statement” or “TDS.” Sellers and their real estate agents must make a full disclosure in the TDS to avoid allegations of “fraud, misrepresentation or deceit.” The TDS covers a broad range of subjects from issues with the plumbing to cracks in the foundation and a host of other typical property issues.

Here is a list of the different types of non-disclosure issues.

• Non disclosure of leaky roof
• Seller non disclosure of toxic mold
• Seller non disclosure of past flooding
• Seller non disclosure of structural defects

These are only a small sample of the different non-disclosure issues. To know more about your rights feel free to contact our offices for a confidential evaluation.

• Death in the Home
• Neighborhood Nuisances
• Hazards
• HOA Information
• Repairs
• Water Damage
• Missing Items
• Pests
• Remodels with Missing Permits or Violating Building Codes
• Other Possible Disclosures

Any employee that works at least 30 days for the same employer within a year (including part-time, per diem, and temporary employees) are covered by the new law with a few exceptions:

• Employees covered by collective bargaining agreements with specified provisions.
• Retired annuitants working for governmental entities.
• Individuals employed by an air carrier as a flight deck or cabin crew member, if they receive compensated time off at least equivalent to the requirements of the new law.
• Providers of publicly – funded In – Home support services (IHSS) – but only until July 1, 2018

1. Lost wages and benefits;
2. Pain and suffering experienced as a result of the unlawful conduct
3. Punitive damages to punish the company for acting improperly; and
4. Attorney’s fees if you go all the way to trial and win.