When Can You Inherit Debt?January 30th, 2012Most inheritances are made up of financial assets, personal property, and/or real estate, and the general rule is that the debts of a deceased person cannot be inherited. There are a few narrow exceptions to these rules. If your situation is not covered by one of these exceptions, then you have no responsibility for the debts, and no “moral” or other obligation to pay them. Here are the exceptions. Read the rest of this entry »
Can Your Business Sue for a Bad Online Review?December 23rd, 2011If you’re in business, there’s a good chance that someone, someday will give one of your services or products a bad – and unfair – online review on Yelp, Google Places, Health Grades, or one of many other popular “customer reviews” websites. The reviewer will likely remain anonymous, and could be a customer, a client, a competitor, a fired employee, or even a stranger with a grudge against your entire industry. Can you sue to stop them and get the bad review taken down? Read the rest of this entry »
Avoid a Trademark Infringement LawsuitOctober 4th, 2011Counterfeit and knock-off goods have become a multi-million dollar industry. Consumers are attracted to high-end and recognizable brand names, but they look for inexpensive prices. This fuels sales for counterfeit goods through the internet, flea markets, and swap meets. However, most consumers do not realize that retailers selling fake brand-name items are breaking state and federal laws against “trademark infringement.” A trademark is an identifiable characteristic, such as a word, phrase, a symbol, or even colors combined with a typeface, that helps consumers identify a product. If someone owns the rights to a trademark, they have the right to sue others who use an identical or very similar mark on the grounds of trademark infringement. Brands such as Tiffany & Co., Chanel, and Louis Vuitton have all brought trademark infringement suits, seeking money on the grounds that the sale of the counterfeit goods –often of poor quality – caused confusion among consumers and reduced the value of their trademarked brands. Read the rest of this entry »
When a Loved One Has Alzheimer’s: Options for the FamilyAugust 19th, 2011According to the Alzheimer’s Association, one in six women and one in ten men aged 55 and older can expect to develop Alzheimer’s in their remaining lifetime. The risk of developing any dementia (permanent loss of mental ability) including Alzheimer’s, after 55, is even greater: one in five women, and one in six men. It can be helpful for families to know about options for assisting an older family member who is losing the mental ability to fully care for themselves and their finances. 1. Power of Attorney and Living Trust Read the rest of this entry »
Copyright Law: Protecting Your Creative WorksJune 20th, 2011Have you written a manual for your business that other businesses might like to use? Or do you take photographs, paint pictures, compose songs, write articles for your website, design websites, or write computer code? If you are a creative person, you should know about copyright law, which protects most creative works from unauthorized use, and lets you sell your creative work while prohibiting others from duplicating it without your permission. Read the rest of this entry »
California Contracts: Reading the Fine PrintApril 1st, 2011When you borrow money from a friend, rent an apartment, lease a car, park in a private lot or even join Facebook, you are making a legal agreement, called a contract. Contracts are all around us and come in a variety of forms. Not all contracts must be written, and California courts treat some types of contracts differently from others. Detailed terms in the fine print of a contract may determine whether you should accept, negotiate or reject it. For example, many unemployed persons find temporary work during a tough economy. In most cases, they must sign an independent contractor agreement with the person or company who hires them. The contract may list what types of services the persons will provide, how long the job will last, and how much the pay will be. But this temporary work contract may be full of “legalese,” and the employee may not completely understand all the terms. This can be risky: for example, the temporary employee may be agreeing to give up all legal rights to their creative output (such as graphic design or original computer coding), or to not accept work with competitors for a particular period of time. Read the rest of this entry »
The Consequences of Ignoring a LawsuitJanuary 28th, 2011If you are served with a lawsuit, you may find yourself feeling confused, frustrated, and upset. It may be tempting to ignore the suit and hope it will go away on its own. It won’t, and ignoring it could result in very serious consequences and high costs later on. For example, if you are sued by a creditor and you ignore the suit and choose not to participate in your defense, your inaction is equivalent to agreeing with everything the creditor says in their legal documents. You are essentially admitting that you owe the money. If you do not respond, your creditor will obtain a default judgment against you for the amount of their claim, and possibly, money for their attorney’s fees as well. The creditor can then enforce their judgment by garnishing your wages or levying your bank account until the entire amount of the judgment is paid. A garnishment can take up to 25% of your gross paycheck, and a levy can potentially take all the money in your bank account. There can also be serious consequences if you do not respond to a notice of foreclosure. Even if you are trying to work with your mortgage lender on a loan modification, it’s important that you also respond to the notice of foreclosure. If you do not respond, your mortgage holder may obtain a court order that your home be sold at a trustee’s sale, and you will then face eviction by the sheriff. If you receive any notice of a legal proceeding, in any type of case, please contact the experienced trial attorneys at San Diego Law Firm for an appointment. We can explain the numerous options available to you to resolve the dispute, and help you choose the best one for your situation. For lawsuits, these options may include settlement discussions, mediation, arbitration, or motions to dismiss the court case; for foreclosures, they may include a HAMP program application and/or a bankruptcy filing. There are other options depending on the type of legal case you are facing. By obtaining good legal counsel early on, you’ll avoid the possibility of a default judgment with a wage garnishment and/or a bank levy. You’ll also have the peace of mind of knowing you are receiving high-quality legal help by seasoned attorneys who have your best interests at heart. If you have been served with a lawsuit, or received a notice of foreclosure or other legal proceeding, please contact San Diego Law Firm today at (619) 794-0243 for help.
Obtaining Social Security Disability Benefits for Permanent InjuriesDecember 22nd, 2010Persons who are permanently injured may be entitled to Social Security Disability Insurance if they are so impaired they cannot perform any job. According to the Social Security Administration, “disability” is defined as “the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to last for a continuous period not less than 12 months.” Whether a person has a viable claim to Social Security Disability Insurance is determined by the Social Security Administration based on a number of factors. Read the rest of this entry »
Options for California Homeowner’s Associations to Collect Past-Due AssessmentsNovember 24th, 2010Effect of Delinquent Assessments The monthly and periodic assessments that a HOA collects from its homeowners are the source of the HOA’s operating capital, and allow the HOA to provide services such as maintenance for common areas, security, and amenities enjoyed by the community as whole. When one homeowner fails to pay an assessment, the HOA has less capital available to pay for these items. The result: to maintain the same level of services, maintenance, and amenities, the other homeowners in the association will end up paying more in monthly and/or periodic assessments. This situation has become more common with the recession, as many homeowners have lost their jobs or been unable to refinance “sub-prime” adjustable rate mortgages, and have stopped paying their HOA assessments. Collection Options There are several common methods for HOAs to collect delinquent assessments: Read the rest of this entry »
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