The Loftin Firm, P.C.
Legal Question? We can help.
Call 760-814-9649

September 2016 Archives

Coastal Act Amendments Signed by Governor

Under Assembly Bill 2616, signed by Governor Brown on September 24, 2016, the California Coastal Commission will be reconfigured and will seek to "advance principles of environmental justice and equality." 

What is a "hybrid corporation"? Is it similar to a c-corporation?

Traditionally, directors of for-profit businesses are required to perform his or her duties in a manner that he or she believes is in the best interests of the corporation and its shareholders. This is often referred to as the duty to maximize financial return to shareholders. (Corp. Code ยง 309(a).) Today, some businesses are interested in more than just maximizing profits, which creates an inherent tension between the fiduciary duties owed to the corporation by its directors and the business operations of the corporation. 

Businesses Beware: Final paychecks are required for "retiring" employees too

Last month, the California Supreme Court handed down a decision that held that businesses must pay employees that "retire" in the same manner as prescribed by the Labor Code for employees who "quit."  (McLean v. California, 1 Cal. 5th 615 (2016).)

Join Us: Scare Away Hunger Peanut Butter Food Drive

Please join us in collecting peanut butter for the North County Food Bank throughout the month of October. Our office is happy to announce that we have a donation barrel for the Peanut Butter Food Drive in the front lobby of our building, so please drop by, say hello, and bring a jar of peanut butter to help make a difference in the lives of our North County neighbors! 

Arbitration Provisions in Residential Lease Agreements

Residential landlords must be careful in the wording and explanation of arbitration provisions in lease agreements, especially with Spanish speaking residents. In a recent case, Penilla v. Westmont, a California Appeals Court found that an arbitration provision in a mobilehome park rental agreement was unconscionable, and thus unenforceable, when it (1) substantially benefited the landlord, (2) imposed fees and limitations that would have substantially deterred residents from asserting their claims and (2) 15 of the 46 named parties spoke little or no English. The arbitration agreement, attached to the lease, required the tenants to pay half of the arbitration costs up front and determined that a failure to do so would result in a default judgment in favor of the landlord. The court found that due to the low income nature of the tenants, virtually none of them would be able to afford the cost of arbitration.

The Loftin Firm, P.C. Nominated as Small Business Awards Finalist in 3 Categories

The Loftin Firm, P.C. is proud (and humbled) to announce that the firm has been nominated by the Carlsbad Chamber of Commerce as a finalist for the 2016 Small Business Awards in the following categories: (1) Excellence in Professional Services, (2) Employee Development, and (3) Women-Owned Business (Sue Loftin, Managing Shareholder). We owe these honors to our hard-working staff whose contributions make it possible for us to provide excellent services to our clients. Also, a big thank you is owed to our amazing clients and colleagues here in North County San Diego who make these awards possible.

Fiduciary Duties in Nonprofit Organizations

"I'm a member of the Board of Directors of a local nonprofit organization and have been told that I owe a 'fiduciary duty' to the tax-exempt organization. What is a fiduciary duty?"

Email Us For A Response

Contact Us

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Leading You Down the Path to Sucessful Legal Solutions
The Loftin Firm, P.C.

The Loftin Firm, P.C.
5760 Fleet Street
Suite 110
Carlsbad, California 92008-4713

Toll Free: 866-933-2340
Phone: 760-814-9649
Fax: 760-431-2003
Map & Directions

map