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Your Legal Corner - Client Alert Blog

New Landlord Tenant Rules Governing Carbon Monoxide and Smoke Detectors – SB 1394

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2013

Posted In: Real Estate Reporter 

New California Laws Governing Tenant Abandoned Property

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2013

Under pre-existing law, if a tenant abandoned belongings which remained unclaimed for the statutory 15-or 18-day notice period, the disposition of the property by the landlord was dependent on whether the landlord reasonably believed the total resale value of the abandoned unclaimed tenant property was less than $300.

If the abandoned property was reasonably estimated to be worth less than $300, the landlord was entitled to dispose of it in any manner as she/he saw fit; but if the property was worth $300 or more, a landlord was required to hold an advertised public sale or auction open to competitive bidding.

Finally, after years of debate, the above monetary threshold value has finally been increased from $300 to $700, thereby allowing a California landlord to keep, sell, or destroy a tenant’s unclaimed abandoned personal property if the total resale value of the property is reasonably believed to be less than $700.

Under recently enacted legislation, California Civil Code §1950.5 (f)(1) and 1946 are amended to further provide that a landlord may not charge for storage costs if the former tenant reclaims their abandoned property within two (2) days; and to provide that a landlord may send the 15-day or 18-day abandoned personal property notice to the tenant by e-mail to an address provided by the tenant. [...]

Posted In: Real Estate Reporter 

California Tenants Have New Protections Against Rats and Bed Bugs

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2013

Under existing law, a building or portion thereof including any dwelling unit, room or suite of rooms, or the premises on which these are located, is deemed to be ""substandard"" if specified conditions exist to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants.

Under newly enacted legislation, [...]

Tags: bed bugs
Posted In: Real Estate Reporter 

New CA Law Limits Attorneys Fees to Employers in Wage Claims.

Written By: Melissa C. Marsh, Esq., California Business Attorney, September 2013

Beginning January 1, 2014, a California employer's ability to recover attorney’s fees and costs in wage claims is further restricted. Effective January 1, 2014, Labor Code §218.5 will only permit an employer to recover attorney's fees and costs if the employer can prove that the employee brought the action in "bad faith." "Bad faith” is not defined by the statute, but typically a showing of "bad faith" requires proof of some type of intentional wrongdoing, or malice, on the part of the employee bringing the claim.

Posted In: Employment Law News 

New California Minimum Wage Effective January 1, 2014

Written By: Melissa C. Marsh, Esq., California Business Attorney, September 2013

California Governor Jerry Brown on September 25, 2013, signed a bill into law that amends Labor Code §1182.12 and increases the state’s hourly minimum wage for all industries from $8.00 (presently) to at least $9.00 per hour effective January 1, 2014 and to at least $10.00 an hour by January 1, 2016. California employers should review their commissioned and salaried exempt pay rates to ensure their exempt from overtime employees pay continues to meet the minimum salary test.

Tags: minimum wage, overtime pay
Posted In: Employment Law News 

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Disclaimer: The information presented on this web site was prepared by Melissa C. Marsh for general informational purposes only and does not constitute legal advice. The information provided in my articles and alerts should not be relied upon, or used as a substitute for professional legal advice from an attorney you retain to advise or represent you. Your use of this Internet site does not create an attorney- client relationship. Transmission of this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. All uses of the contents of this site, other than personal uses, are prohibited. You may print or email a copy of any information posted on this web site for your own personal, non-commercial, use, but you may not publish any of the articles or posts on this web site without the Express Written Permission of Melissa C. Marsh.

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Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.