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Pursuant to California Business & Professions Code § 7031(a), an unlicensed contractor cannot file a lawsuit to collect compensation for the performance of any act or contract requiring a license, regardless of the merits of the lawsuit. California Business and Professions Code §7031(b) further requires that an unlicensed contractor be disgorged of all monies paid by their victims (more than just economic loss) and does not require the client (victim) to prove [...]
Posted In: Real Estate Reporter
In response to a 2008 California Supreme Court decision that held a good samaritan who gave emergency assistance to an injured person at the scene of an accident liable for making the plaintiff's injuries worse, California’s legislature enacted Assembly Bill 83. Under the new law, any person who renders emergency assistance in good faith, and not for compensation, cannot be held liable for civil damages for any act, or omission.
Posted In: Real Estate Reporter
On November 23, 2009, the California Department of Industrial Relations' Division of Labor Standards Enforcement (DLSE) issued an opinion letter on whether an employer may deduct vacation and sick leave time when an exempt employee is absent for either a partial day, or an entire day. According to opinion letter number 2009.11.23, a California employer may deduct accrued vacation [...]
Tags: partial day absence, partial day off
Posted In: Employment Law News
On January 28, 2010, the Fourth Appellate District Court of Appeal held that employers cannot by agreement limit the time period in which an employee can file a lawsuit for wage and hour issues.
In Pellegrino v. Robert Half International, Inc., six former employees sued their temporary staffing company for various Labor Code violations including the [...]
Prior to the enactment of Assembly Bill 712, California Smalls Claims Courts had jurisdiction over actions seeking certain forms of relief, including money damages up to $7,500 and in such actions the Smalls Claims Court was also permitted to grant equitable relief in the form of rescission, restitution, reformation, and specific performance in lieu of, or in addition to, money damages. Under the new law, the Small Claims Court will be prohibited from issuing injunctive relief (e.g. specific performance) unless [...]
Blog Categories:Business Law Bulletin
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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.
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.