2012 IRS Standard Mileage Rate Deduction Remains 55.5 Cents Per Mile
Written by: Melissa Marsh, a California Business Law Attorney on 1-6-2012Â
Beginning January 1, 2012, the IRS standard mileage rate deduction for business use of a vehicle is 55.5 cents per mile.  In 2011, the IRS standard mileage rate was 51 cents per mile for January through June of 2011  Beginning July 1, 2011, the IRS standard mileage rate deduction for business use of a vehicle was increased from [...]
Posted in Business Law Bulletin, Corporate Client Bulletin, Employment Law News, Tax Update
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January 6th, 2012 by mmarsh | Comments (0)
New Rules For Service Of A Mechanics Lien
Written by: Melissa Marsh, a California Business Law Attorney on 11-20-2011A.B. 456 amends California Civil Code Sections 3084 and 8416, relating to mechanics liens. Existing law requires a claim of mechanics’ lien to be served on the “owner or reputed owner” of the property. Accompanying the lien is a proof of service affidavit which is required to state the name of the person upon whom [...]
Posted in Real Estate Reporter
Tags: mechanics lien
November 20th, 2011 by mmarsh | Comments (0)
New California Rules Governing Corporate Dividends and Distributions
Written by: Melissa Marsh, a California Business Law Attorney on 11-20-2011Effective January 1, 2012, A.B. 571 amends and greatly simplifies Chapter 5 of the California Corporations Code governing corporate distributions (dividends and share repurchases). In effect, A.B. 571 permits a solvent corporation to make a distribution to its shareholders so long as the value of the corporation’s assets will exceed its liabilities after the distribution.Â
Prior [...]
Posted in Corporate Client Bulletin
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November 20th, 2011 by mmarsh | Comments (0)
The New “Flexible Purpose Corporation” and the New “Benefit Corporation”
Written by: Melissa Marsh, a California Business Law Attorney on 11-20-2011If you plan to form or change a business in California, then your decision on what type of corporation to form just got even more difficult. Prior to January 1, 2012, individuals seeking to form a corporation had two options: form a for profit corporation which focuses on maximizing shareholder profit, or form a nonprofit corporation which prohibits [...]
Posted in Business Law Bulletin, Corporate Client Bulletin
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November 20th, 2011 by mmarsh | Comments (0)
Joint Venture Exception to California’s Usury Laws
Written by: Melissa Marsh, a California Business Law Attorney on 11-20-2011In Junkin v. Golden West Foreclosure Service, Inc.,180 Cal.App.4th 1150 (2009), Gary Bennett (a hard money lender) loaned Donald Junkin III (a licensed real estate agent and investor) $856,000 to purchase a property for $1.975 million. The balance of the purchase price came from a licensed financial institution and both Bennett and Junkin were on [...]
Posted in Business Law Bulletin, Corporate Client Bulletin, Real Estate Reporter
Tags: promissory note, usury
November 20th, 2011 by mmarsh | Comments (0)
California’s New Trustee Sale Notice Requirements
Written by: Melissa Marsh, a California Business Law Attorney on 11-19-2011Effective April 1, 2012, S.B. 4 amends California Civil Code §2924(f) to require a notice of trustee’s sale for the non-judicial foreclosure of a single family residence, and properties with one-to-four residential units, to contain two (2) additional written notices:
a notice to the property owner facing foreclosure about the foreclosure process and that the sale [...]
Posted in Real Estate Reporter
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November 19th, 2011 by mmarsh | Comments (0)
Small Claims Limit Increases To $10,000
Written by: Melissa Marsh, a California Business Law Attorney on 11-19-2011Beginning January 1,2012, the Small Claims Court jurisdictional limit will increase from $7,500 to $10,000 for personal claims, other than bodily injury resulting from a car accident.  For a claim of bodily injury resulting from a car accident, the increase to $10,000 will not occur until January 1, 2014. Â
It should be noted that the jurisdictional limit of [...]
Posted in Business Law Bulletin, Corporate Client Bulletin, Employment Law News, Real Estate Reporter
Tags: Small Claims Limit in California
November 19th, 2011 by mmarsh | Comments (0)
California Landlords Can Now Ban Smoking
Written by: Melissa Marsh, a California Business Law Attorney on 11-19-2011On September 7, 2011, Governor Brown signed into law Senate Bill 332. Under the new law, beginning January 1, 2012, a residential landlord can prohibit the smoking of cigarettes and other tobacco related products on the property, so long as proper notice is provided and local regulations are followed. Â
This new law also requires all California landlords to state [...]
Posted in Real Estate Reporter
Tags: California Smoking Ban in Rentals
November 19th, 2011 by mmarsh | Comments (0)
New 2012 Law on Renting and Leasing a Condominium or Townhome
Written by: Melissa Marsh, a California Business Law Attorney on 11-19-2011Effective January 1, 2012, S.B. 150 amends Sections 1368 and 1373 of the Davis-Stirling Common Interest Development Act and adds California Civil Code 1360.2. to prohibit a homeowner’s association (HOA) from restricting an owner’s right to rent or lease out their residential unit, “unless that governing document, or amendment thereto, was effective prior to the date [...]
Posted in Real Estate Reporter
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November 19th, 2011 by mmarsh | Comments (0)
California Employers Required To Pay Health Insurance Premiums For Pregnancy Disability Leaves
Written by: Melissa Marsh, a California Business Law Attorney on 11-19-2011Effective January 1, 2012, S.B. 299 and A.B. 592 amend California’s Fair Employment and Housing Act set forth in Government Code §12945 to require California employers with five (5) or more employees and who provide health insurance benefits to maintain and pay (for up to 4 months) the health insurance premiums for employees who availed [...]
Posted in Employment Law News
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November 19th, 2011 by mmarsh | Comments (0)
