First Case Under RULLCA Highlights Important New Remedy

ThinkstockPhotos-177644758The following is a guest blog post by Michael J. Thomas, a solo practitioner and founder of Creative Vision Legal, a Bay Area law firm offering legal services tailored to artists, musicians, and small business owners. 

Finally, there’s been a case that substantively interprets California’s new LLC law, RULLCA. The case highlights a key remedial feature that distinguishes RULLCA from its predecessor, and clears up statutory ambiguities regarding the law’s effective date. Continue reading

2 Reasons to Go for Defendant’s Default

ThinkstockPhotos-158687666A default occurs when a defendant served with a complaint doesn’t file the appropriate response within the time allowed. CCP §§585–586. After a defendant is in default, a plaintiff may file a request for entry of default and then apply for a default judgment. Here are two practical reasons to seek entry of default and default judgment. Continue reading

Trial Logistics: 4 Things to Set Up Before Heading to Court

Any trial strategy should incorporate the mundane. Not only must you get to court on time, but everything you need to try the case also has to be there, at your fingertips. Here are four things you should consider and arrange for before you head to court. Continue reading

Employee Leave Law F.A.Q.s

It can be very confusing to calculate entitlements under employee leave laws—particularly the federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)—and even more complicated trying to figure out how the laws interact with each other. Continue reading

When You Can and Can’t E-Sign

The definition of “signed” in the UCC includes “any symbol,” as long as it’s “executed or adopted with present intention to adopt or accept a writing.” Com C §1201(b)(37). E-Sign extends this approach to electronic signatures. Do you know when an electronic signature is permitted and when it’s not? Continue reading

Combating Comparative Fault for an Unhelmeted Cyclist

The following is a guest blog post by Michelle Weiss, an attorney with Bay Area Bicycle Law, the only firm in Northern California that exclusively represents cyclists.

A bill introduced earlier this year mandating helmet use for California adults (SB-192) was scaled back following opposition from bike organizations statewide. So for the time being at least, helmet use remains optional for adult cyclists in California. This means the issue of whether plaintiffs are contributorily negligent for not wearing a bicycle helmet remains a legal gray area. Continue reading

Protecting Digital Assets: 6 Steps to Take on Death or Incapacity

ThinkstockPhotos-174474186It used to be enough for a fiduciary and her attorney to simply search through a decedent’s or incapacitated person’s papers in his or her workplace and at home, watch the mailbox for a 90 day cycle, and review tax returns and account statements. Things are more complicated now and a fiduciary must take several more immediate steps with regard to digital assets. Continue reading

Prepare for Case Management Conferences in 4 Steps

ThinkstockPhotos-477805217In the past, most California superior courts routinely held trial-setting, pretrial, arbitration status, and status conferences. Delay reduction rules put a stop to this practice, consolidating all of these into a comprehensive conference that occurs in the first 180 days after the complaint is filed. Cal Rules of Ct 3.721. And woe to any attorney who comes to the conference unprepared! Take some of the stress out of preparing for your next case management conference by using these four steps. Continue reading

Time Will Soon Run Out for Petitions under Prop 47

ThinkstockPhotos-73979720Those individuals who are currently in custody or who are on probation or who have completed a sentence for one of the decriminalized felonies under Proposition 47 need to act soon. The clock is ticking on the filing deadline for petitions to reduce a felony charge and/or sentence to a misdemeanor, which in most cases is November 4, 2017, three years after the effective date of the The Safe Neighborhoods and Schools Act. See Pen C §1170.18(j). Continue reading

Play Fair: Guidelines for New Employees Hired from a Competitor

505283113It’s common for customers or clients to want to stick with the person who has been handling their account even when that person moves to a different company. But this situation can create serious issues around trade secrets and unfair competition. So, whenever you hire someone from a competitor, give that new employee guidelines to follow—it will save everyone legal headaches. Continue reading