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Your Legal Corner - Client Alert Blog - Archives for February 2010

California Homestead Exemptions - Protect Your Home

Written By: Melissa C. Marsh, Esq., California Business Attorney, February 2010

On October 11, 2009, the Governor signed Assembly Bill 1046, which increases California’s statutory homestead exemptions by $25,000. Effective January 1, 2010, the base homestead exemption is $75,000 for a single person, $100,000 for a member of a family unit, and $175,000 for a person who is (1) 65 years of age or older, (2) physically or mentally disabled and unable to work, or (3) 55 years of age or older with a gross annual income of $15,000 or less (or $20,000 [...]

Tags: california, california homestead
Posted In: Real Estate Reporter 

California Unlicensed Contractors

Written By: Melissa C. Marsh, Esq., California Business Attorney, February 2010

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 

Long Overdue Good Samaritan Law

Written By: Melissa C. Marsh, Esq., California Business Attorney, February 2010

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 

Employers May Deduct Accrued Vacation and/or Sick Leave for Partial Day Absences

Written By: Melissa C. Marsh, Esq., California Business Attorney, February 2010

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 

Shortened Statute of Limitations in Employment Agreements Are Void

Written By: Melissa C. Marsh, Esq., California Business Attorney, February 2010

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 [...]

Tags: overtime pay, overtime pay claim
Posted In: Business Law Bulletin  Corporate Client Bulletin  Employment Law News 

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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.