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Your Legal Corner - Client Alert Blog - Archives for October 2013

California Employers Must Be Mindful to Pay their Payroll Taxes, or Risk Jail Time

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

SB 390 Allows the Labor Commissioner to pursue criminal misdemeanor prosecution against California employers who fail to pay their payroll [...]

Posted In: Employment Law News 

Adjoining California Neighbors Equally Responsible for Shared Fences and Boundaries? Maybe Not

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

California Civil Code §841, enacted over 140 years ago, sets forth the obligations of adjoining neighbors to mutually share in the cost of maintaining boundary line monuments and fences. Effective January 1, 2014, Assembly Bill 1404 repeals and replaces California Civil Code §841 to bring California's antiquated fence law into the modern times.

Existing [...]

Posted In: Real Estate Reporter 

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 

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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.