Pros and Cons of a Partition Action
When real estate property is left to multiple beneficiaries in a will, the parties often do not agree on whether to utilize or sell the property. The law provides a solution in these cases called a partition action. Under the California Code of Civil Procedure under C.C.P. 872.210, petitioning to partition is a legal right under the law. What is a Partition Action? There are two types of partition actions available in the State of California: “partition in kind” and “partition by sale”. A partition in kind action terminates each individual property owners’ interest in the real estate as joint
California Businesses Liable for Retaliation
The California Fair Employment and Housing Act (FEHA) prohibits any type of workplace harassment and discrimination of employees based on race, religion or sex. Under California law, employees have the right to report any kind of discrimination, harassment or illegal employment actions of their employer. An employer must not retaliate against an employee for exercising their rights under the law to report any illegal activity to a government agency, company human resource department or supervisor. Retaliation Claims Under California Labor Code Section 1102.5, an employee can sue their employer for retaliation if the following elements are met: The employee engaged
Facing Foreclosure in California – Civil Code Section 2923.5
If you are facing foreclosure on your home in California, it is no doubt a very scary and stressful time for you and your family. However, it is crucial that you know that you have legal rights during this process. Learning as much as you can about the foreclosure process can help you understand your rights, and determine which action is best to take for your specific situation. Under California’s Civil Code Section 2923.5, you have the right to receive notice from the lender to assess your financial situation and explore options in an attempt to avoid foreclosure. Foreclosure in
Remedies for California Businesses When Trade Secrets are Misappropriated
When a business works hard to develop systems, procedures, recipes, formulas, and practices—protectable as trade secrets—to advance the success, productivity, and profitability of their business, they have great interest in protecting that information from those who may steal or misappropriate the business’s trade secrets. Trade secrets are a form of intellectual property, along with patents, copyrights, and trademarks; however, there is no formal registration process to protect trade secrets. Instead, trade secrets are protected by a contractual agreement between the owner of the proprietary information and any other individual who may have access to this information and signs a confidentiality
Smart decisions during business formation for long-term success
On behalf of Thaler Law posted in business formation on Wednesday, October 16, 2019. The initial stages of a California business are some of the most exciting, but they can also be some of the most complex and confusing. The decisions made during the business formation process will lay the groundwork for the future direction of the company, and it's important for an owner to choose wisely every step of the way. One of the smartest things an entrepreneur can do is to realize that he or she does not have to be an expert in everything in order
Steps to reduce the chance of business litigation
On behalf of Thaler Law posted in business litigation on Tuesday, October 1, 2019. A California small business owner has many things to consider during the initial stages of his or her business. These include necessary steps that can help reduce the chance of problems in the future. Business litigation can be costly and stressful, and an owner will find it beneficial to try and reduce problems by planning and thinking ahead. One common issue that can cause problems for business owners are accusations of discrimination or harassment in the workplace. These allegations are serious, but it's possible to reduce
Uber facing business litigation over employee classification
On behalf of Thaler Law posted in business litigation on Tuesday, September 17, 2019. When a person starts work for a company, he or she will have a certain classification. The way that companies classify workers affects how these individuals are paid, including whether they are eligible for overtime and a guaranteed minimum wage. The issue of classification presents a unique problem for rideshare companies that contract with drivers on an as-needed basis, and as a result, Uber is currently facing business litigation. New laws in the state of California may change the way the company views its employees. A
The facts about discrimination suits for california employees
On behalf of Thaler Law on Monday, September 9, 2019. In America today, common sense tells you that the cost for any form of workplace discrimination is likely to be high, both personally and professionally. There’s probably going to be shaming on social media and possibly a lawsuit. The chance of a lawsuit increases exponentially with the size of the business. Here in California, there are several laws at play in a discrimination suit. If your business is currently at risk in terms of a discrimination suit, consider discussing your options with an experienced lawyer. But first, it’s important to
Business formation decisions impact a young business
On behalf of Thaler Law posted in business formation on Tuesday, September 3, 2019. Starting a business involves much more than just deciding on a good business idea and creating a Facebook page. The business formation stage involves much planning, financial preparation and legal steps that will impact a young California business for years to come. When a company is not able to secure the capital needed, there are choices that an owner can make that can prove beneficial for years to come. Starting a company without much cash to work with is exceptionally difficult. One way that an owner
Using preprinted contracts may not be good for business
On behalf of Thaler Law posted in contracts on Tuesday, August 20, 2019. Running a successful small business is not easy, which is why many California business owners often look for ways they can save time and money. One way they may do this is by using preprinted contracts when negotiating and formalizing business transactions. Simply printing off a pre-made contract seems like a good idea, but in reality, it may not be the best choice. In simple and straightforward transactions or in situations where two familiar parties are repeating the same transaction again, a pre-made contract could work. Sometimes,
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