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November 2014 Archives

Independent Contractor versus Employee - Know the Difference!

Courts have long acknowledged that misclassifying an employee as an independent contractor can be a costly slip-up for a business. In making this employee/independent contractor classification, the California Supreme Court has noted that employers may consider (i) whether the work is part of the hiring entity's regular business, (ii) the degree of skill required for the work, (iii) whether the worker provides his or her own tools and equipment, (iv) whether the worker maintains his or her own business, (v) the length of time of the job, (vi) the method of payment, and (vii) whether the parties believed that they were created an employment relationship. See Ayala v. Antelope Valley Newspapers, Inc., 59 Cal. 4th 522, 533 (Cal. 2014).

AB 1897 - Joint Liability For Businesses & Labor Contractors in CA

Effective January 1, 2015, California will impose apply joint liability on labor contractors and their business clients who fail to pay adequate wages or fail to provide workers' compensation coverage (AB 1897). This new law will be codified as Section 2810.3 of the California Labor Code.

I've Finalized My Estate Plan - Now What?

After the lengthy estate planning process has finally been completed, clients are often ready to move on to greener pastures; however, this can prove to be a costly mistake. One of the most important post-formalization steps is placing the original estate planning documents in a place where they can be found when they are needed.

Right of First Refusal versus Right of First Offer - What's the Difference?

The terms Right of First Refusal (ROFR) and Right of First Offer (ROFO) are often thrown around in real estate and corporate negotiations. Whether you are negotiating rights relating to stock/membership options, commercial lease expansions, or property purchases, the general terms have the same applicability. However, the provisions under each are unique and may impact your rights. For the purpose of this blog, we will discuss the rights relating to commercial real estate deal where the parties are anticipating an expansion of leased space.

Starting a Business? Consider These Five Tips!

When starting a business, there are many common mistakes made by entrepreneurs. By recognizing these mistakes early, or by preventing them altogether, the business will have a better chance of long-term success. Below are five tips that entrepreneurs should consider when starting their new business.

9th Circuit Permits Commercial Property Owners to File "Property-Based" Tort Claims Against Unions

Unions engaging in the federally protected right to picket can cause difficulties for commercial real estate property owners, driving away potential customers and impacting sales. The Ninth Circuit has just handed owners a powerful tool to create and maintain content-neutral time, place, and manner restrictions for picketing activities. Reasonable restrictions allow union members to exercise their First Amendment rights while helping property owners limit potential impacts. Most importantly, owners can file suit in state court to enforce these restrictions.

Update: SB 968 Signed Into Law by Gov. Brown

As previously noted on this blog, a clash between private property owners and coastal access advocates has been raging in the court system. By signing SB 968 on September 30, 2014, the State of California is now meddling with the previously private dispute. SB 968 will be codified in Section 6213.5 of the California Public Resources Code.

Pet Restrictions and Enforcement in Mobilehome Parks

Mobilehome parks often have pet restrictions and pet conduct policies embedded within their rules and regulations; however, the park owners and managers must understand what restrictions are enforceable under the current laws. As a practical matter, mobilehome park pet restrictions and policies should be unambiguous and enforced equally throughout the park. Although failure to do so may result in potential liability, issues often arise that require a detailed factual analysis by an experienced mobilehome attorney. For example, ambiguity typically exists in the definition of a "pet" and that definition's application to "service animals."

Subdivided Mobilehome Parks - Protections to Residents

The process of converting a mobilehome park to resident ownership is a lengthy and complex process. The process is made even more complicated and fraught with fear due to extensive misinformation about the process and protections ultimately afforded to residents during the conversion process. Focusing on the protections given to residents in a subdivided park, we will try to clear up some of the misinformation.

Short-Term Vacation Rentals and Homeowners Associations (HOAs)

If you would like to rent out your condominium unit on short-term vacation rental websites like Airbnb or Craigslist - be careful! Property owners often do not consider the rules and regulations of their Homeowners Association ("HOA") before doing so. As one San Diego man found out, the penalties for violating a HOA's rules and regulations can be costly.

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The Loftin Firm, P.C.

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

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Phone: 760-814-9649
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