Archive for the ‘Lawsuits’ CategoryCan Your Business Sue for a Bad Online Review?Friday, 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? (more…)
Copyright Law: Protecting Your Creative WorksMonday, June 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. (more…)
California Contracts: Reading the Fine PrintFriday, April 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. (more…)
Options for California Homeowner’s Associations to Collect Past-Due AssessmentsWednesday, November 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: (more…)
Using a Mechanic’s Lien in California to Get Paid for Construction Work PerformedFriday, October 22nd, 2010The San Diego construction industry has been hit hard by the current recession and the fragile California economy. According to the National Association of Home Builders, the construction industry lost 7,000 jobs statewide from July to August. While the statistics paint a picture of the staggering losses that have been sustained by the industry as a whole, there are also a shocking number of industry workers who have not been paid for work performed. Whether because an owner abandoned a project, or a developer defaulted, even the most reputable and seasoned contractors can find themselves in a position where they must take legal steps to get paid for work performed. What is a Mechanic’s Lien? A mechanic’s lien is a hold against a property that is recorded at the County Recorder’s Office by a contractor, subcontractor, or supplier who has not been paid for work performed. Ultimately, it can result in a foreclosure action and even prevent the refinancing or sale of a property until the lien is satisfied. Consequently, the complicated procedures, filing deadlines, and statutory notice requirements of a mechanic’s lien must be followed without mistakes for a lien to be effective. (more…)
Mold Injury Claims in CaliforniaFriday, September 10th, 2010When an individual or community is injured by a harmful or deadly substance, they have the right to sue whomever caused the exposure. An example would be the recent high- profile cases involving lawsuits filed by homeowners against the builders and manufacturers of homes built with defective drywall whose chemicals caused injuries to the homeowners. These cases are complicated, and can involve expensive and time-consuming investigations and difficulty proving how the toxic substance caused health problems for the persons exposed. As a result, it can be quite difficult for California tenants, homeowners, employees, and building occupants to try to recover money for personal injuries caused by exposure to substances such as toxic mold. Proving Causation in a California Mold Injury Claim In mold claims in California a person must prove causation in two steps. First, a person must show that mold exposure can cause a physical illness. Second, a person must show that the exposure did cause their particular illness. A recent California case demonstrates just how important it is to make a causal link between illness and exposure when suing to recover money for personal injuries. Consider the Case of Dee v. PCS Property Management In the case of Dee v. PCS Property Management, Darcee Dee lived in an apartment for slightly over four months. She sued her landlord and the property management company for physical injuries from being exposed to toxic mold. The experts in the case argued that Dee’s exposure to mold caused her symptoms, but did not present any evidence that she was exposed to the harmful toxin at her apartment. In the end, Dee’s claims were rejected by a jury and she got nothing. It is clear that bringing or defending a mold claim in California requires the testimony of experts that show or rebut a causal connection. It you are in either situation you need a legal team that understands the complexity of mold lawsuits in California. The attorneys at San Diego Law Firm can help with this unique type of claim. Please call us at (619) 794-0243.
California Lawsuits: Sometimes Asking For Money Isn’t EnoughFriday, May 14th, 2010California is home to many big money settlements and verdicts. But if you’re filing a lawsuit, you may need to ask the court for something besides money. Depending on your situation and the problem you face, there are many different things that a court can potentially order. One example is an “injunction.” An injunction is a court order that requires someone to either do or not do something. For example, if your inheritance rights are in jeopardy because of something a personal representative is about to do, then you might be able to ask for an injunction to prevent the transaction. (more…)
Your Rights if You’re Injured By a Dangerous Product in CaliforniaThursday, April 22nd, 2010Say what you will about the number of lawsuits filed in California, but the truth is that lawsuits are one important reason why many manufacturers have put more effort into making the products that we use in our everyday lives safer. But with so many products on the market, all too often consumers are still injured by dangerous products. Many unsafe products make it onto the market and into consumers’ homes, only to cause serious and even fatal injuries. Sometimes manufacturers and sellers don’t do enough to ensure safety because they don’t want to cut into profits or delay sale of the product. (more…)
Law 101: Understanding The Line Between Federal and California LawFriday, March 12th, 2010If you’re involved in a dispute that goes to court, then the odds are that your case will be started in a California Superior Court instead of a federal court, but do you know why? It all begins with the U.S. Constitution, which set up a national government and state governments. This division of power is called “federalism,” and it gives states control over many local issues. The federal and state governments then create laws to carry out their separate powers. States can create laws that cover a broad range of subjects, but have to stay within the limits of state power. The national government’s law making power is even more limited, because the Constitution outlines the specific areas that federal law can address. (more…)
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