Definitions of Common Words and Phrases Used in Civil Litigation in California
COMMON TERMS AND PHRASES USED IN CIVIL LITIGATION IN CALIFORNIA Throughout the litigation process, you’re bound to run into a variety of terms and phrases that you’ve never heard before, or that you may have heard, but don’t really understand. This article seeks to...
The ABC’s of Civil Litigation in California
INTRODUCTION Often, when people hear the word “litigation,” they tend to picture a courtroom—with a judge, jury, lawyers, and witnesses all playing their parts. And there’s nothing wrong with that picture. Trials are, after all, what gets featured in TV shows and...
Owner’s Guide to California HOA Laws
GOOD HOA v. BAD HOA A good HOA plays an important role in maintaining your property values and ensuring your quiet enjoyment of your property. A bad HOA can decrease the value of your home, force you to needlessly waste thousands of dollars, and turn your life upside...
Accessing an Employee’s Private Social Media Accounts
OVERVIEW A lot of my corporate clients ask me whether they can monitor employees' private emails and social media accounts while the employee is using the employer's network, computer equipment, etc. This typically starts a long discussion about whether the company...
Disputes Involving Your Neighbor’s Trees in California
OVERVIEW It might surprise you to know that trees are among the most frequent causes of disputes between neighbors. Tree-related neighbor disputes take many forms, including, most commonly, disputes related to: property damage associated with encroachment of a...
Can an HOA Prevent Members Who Have Not Received the COVID-19 Vaccine From Using the Association’s Amenities?
Here's a question a client of ours posed last week. Since I think it's bound to come up a lot more once the weather warms up and COVID-19 restrictions are eased, I thought it might be worth while to post my brief response. I'll post another blog on this subject in the...
Should You Operate Your Business as a Corporation, LLC, or Sole Proprietorship?
OVERVIEW One of the most important decisions an entrepreneur will make is deciding how to structure the business. Should the company be operated as a sole-proprietorship or partnership? Or should the owner form a legal entity, such as a limited liability company or...
AVOID Generic NDAs
OVERVIEW Nowadays, it seems like everyone has been asked to sign a non-disclosure agreement (“NDA”)—from employees and independent contractors, to people looking into buying a business. For example, your company might use an NDA while exploring whether to hire an...
Should My Company Bother with Employee Severance Agreements?
OVERVIEW Most business owners know that California is, at least in theory, an at-will state. In other words, except in cases of discrimination (e.g., race, gender, religion, etc.) or retaliation (e.g., whistleblower, etc.), an employer can fire an employee whenever it...
Getting Your Attorneys’ Fees Back When You Sue Your HOA in California
OVERVIEW By far, the most common concern that homeowners have when considering whether to sue their HOAs is whether they'll get their attorneys' fees and costs back if they win. The answer is relatively straightforward: in most cases, yes. In fact, not only are...
Can You Take Your HOA to Court?
OVERVIEW Homeowners Associations (“HOAs”) are associations formed, most often as non-profit corporations, to own and manage common interest developments in California. The shareholders of an HOA (or “members,” as they’re more commonly referred to) own not only their...