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Your Legal Corner - Client Alert Blog - Archives for April 2012

California Supreme Court Meal & Rest Break Decision in Brinker

Written By: Melissa C. Marsh, Esq., California Business Attorney, April 2012

On April 12, 2012 the California Supreme Court issued its very long awaited decision relating to employee meal and rest breaks in Brinker Restaurant Corporation v. The Superior Court of San Diego County, (Hohnbaum), ___ Cal.4th ___ (April 12, 2012).

In Brinker, the California Supreme Court answered the following questions:

  1. When Must 10 Minute Rest Breaks Be Given?
  2. Whether [...]

Tags: California law on employee meal and rest breaks, California Supreme Court decision in Brinker
Posted In: Employment Law News 


Are Expiration Dates on Gift Certificates and Gift Cards Legal?

Written By: Melissa C. Marsh, Esq., California Business Attorney, April 2012

California Law on Gift Cards and Gift Certificates.

In California, California Civil Code Sections 1749.45-1749.6 prohibit the inclusion of an expiration date, service fee, and dormancy (non use) fee on most gift certificates and gift cards (if purchased) from a California retailer for use with the retailer and/or its affiliates. In addition, pursuant to California Civil Code Section [...]

Tags: California gift card law, California gift certificate law
Posted In: Business Law Bulletin  Corporate Client Bulletin 


Should You File a Homestead Declaration in California?

Written By: Melissa C. Marsh, Esq., California Business Attorney, April 2012

In California, there are two types of homesteads: (1) automatic and (2) declared. Although the filing of a declared homestead does add a little to the homestead protection that California law automatically provides to all homeowners, similar protections are enjoyed by homeowners who have not properly recorded a homestead declaration.

As implied, [...]

Tags: california homestead, Ca homestead declaration, homestead in california
Posted In: Real Estate Reporter 


Employee Non-Solicitation Clause May Be Enforceable in California

Written By: Melissa C. Marsh, Esq., California Business Attorney, April 2012

Although covenants not to compete and non solicitation clauses are generally unenforceable in California, on March 21, 2012, in Pyro Spectaculars North Inc. v. Souza, a judge in the Eastern District of California issued an injunction against an employee who had been soliciting the customers of his former employer. This case illustrates that when a California employer implements the right procedures to protect its customerís lists and data, a court may [...]

Tags: california non solicitation clause, california nonsolicitation clause, Pyro Spectaculars North
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.