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Due to the minimum wage increasing to $16.50 per hour for all employers, regardless of size, this also increases the minimum salary for all exempt California employees.  The new minimum salary for exempt workers is $68,640 per year. There is also a special minimum...

Sometimes a party can sue for negligent infliction of emotional distress. What must a party prove to have negligent infliction of emotional distress? First, a negligent infliction of emotional distress could be claimed if there is the negligent mishandling of...

Often in expensive real estate markets, people will join together to purchase a home.  Sometimes those people are just friends who are trying to combine finances to be able to qualify to afford a house.  While combining with others to purchase a home can help people...

As with most legal questions, the answer is it depends.  Generally, free competition between businesses is allowed.  However, certain things are considered to be unfair or illegal and might not be allowed by the law.  In this blog post, we will discuss one such...

The tort of intrusion “encompasses unconsented-to physical intrusion into the home, hospital room or other place the privacy of which is legally recognized, as well as unwarranted sensory intrusions such as eavesdropping, wiretapping, and visual or photographic...

To state a claim for defamation, a Plaintiff (or Cross-Complainant) must allege multiple facts.   “The elements of a defamation claim are (1) a publication that is (2) false, (3) defamatory, (4) unprivileged, and (5) has a natural tendency to injure or causes special...

In California, at the outset of a lawsuit, a party can choose to make a motion to dismiss, which is called in California state Court a demurrer or a motion for judgment on the pleadings (if made after an Answer is filed). However, when challenging the Complaint by...

There are two main ways that a lawsuit might provide a way for a party to get back their attorney’s fees and costs from another party.  One way is that there is a particular law or statute which gives you the right to seek your attorney’s fees and costs from the other...

Our firm often receives calls from homeowners who have disputes with contractors.  There are often things that homeowners are not aware of when working with contractors.  In this short note, I am going to discuss some helpful things that every homeowner should know...

Please note that the names used in this post are for example and ease, not reflective of an actual case or controversy. This is an interesting question because sometimes the answer of whom to sue in a lawsuit is not always immediately clear.  Careful analysis should...