Background on Ban the Box LegislationAttempting to end existing discrimination towards job applicants, many cities have enacted the Fair Chance Initiative for Hiring or "Ban the Box" ordinances that aim to protect job applicants from being discriminated against by...
In In re Mainline Equipment, Inc., Case No. 15-60069, the Ninth Circuit Court of Appeals held that the County of Los Angeles ("County") could not enforce its tax liens on personal property against a bona fide purchaser when the County had failed to perfect its liens....
Every California attorney knows that he/she owes a duty of confidentiality to the attorney's client. According to Rule 3-100(A) of the California Rules of Professional Conduct, an attorney cannot reveal client information, and the attorney has a duty to "maintain...
The Worker Adjustment and Retraining Notification Act ("WARN") requires employers to provide its employees with 60-day notice before the employer (i) orders the closing of a plant involving 50 or more employees during a 30-day period, (ii) lays off 50 to 499 full-time...
In Weil v. Elliott, decided June 14, 2017, the Ninth Circuit Court of Appeals decided the statute of limitations for the filing of an action to revoke a debtor's discharge is not jurisdictional and can be waived if not timely raised as an affirmative defense. The...
In Heimlich v. Shivji, 2017 Cal. App. LEXIS 499 (May 31, 2017), Plaintiff (Attorney) sued Defendant (Client) in the trial court for unpaid invoices despite a retainer agreement providing for arbitration. After answering, Client made a § 998 offer to Attorney for...
In In re Kupfer, No. 14-16697, the Ninth Circuit Court of Appeals, in an opinion published on December 29, 2016, has determined that the cap on the amount of damages a landlord can claim under Bankruptcy Code Section 502(b)(6) applies only to damages directly related...
In Schoenmann v. Bank of the West (In re Tenderloin Health), No. 14-17090, D.C. No. 4:13-cv-03992-JSW, the Ninth Circuit Court of Appeals reversed the district court's order affirming the bankruptcy court's summary judgment in favor of Bank of the West ("BOTW") in an...
In a lot of cases, a California corporation will need shareholders' consent to take action, and in order for shareholders to take action, a quorum must be established. California Corporations Code Section 602(a) states that a quorum is established if a majority of the...
A recent California Case makes clear that reliance on the selection of another state's law to provide an enforceable jury waiver is mistaken.In Ricon EV Realty LLC v CP III Rincon Towers, Inc. No. A138463 (Cal. App. 1/31/2017) involved a loan by a New York lender...