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.
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.
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.
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.
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.
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.
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.
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.
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 [...]
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. [...]
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 [...]
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 [...]
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.
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 [...]
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.
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.
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 [...]
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.
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 [...]
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.
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.
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.
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.
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.