Blog

A subpoena is a way to get either documents or testimony about a case from a non-party.  For example, assume John is suing Suzy, but Tom has relevant records.  A subpoena could be sent to Tom for relevant records even though Tom is not a party to the lawsuit.  What...

"To prevail on a cause of action for breach of contract, the plaintiff must prove (1) the contract, (2) the plaintiff's performance of the contract or excuse for nonperformance, (3) the defendant's breach, and (4) the resulting damage to the plaintiff." (Richman v....

A Summons is a Document which gives you information about when you need to respond to a lawsuit. A Summons can vary depending on the Court involved, or other agency. Below is an image of a Summons similar to one that a party might receive if they were sued in...

Added on 04/30/2025, Updated on 05/06/2025 Sometimes parties have a dispute about the amounts owed under a contract. For example, many types of contracts require payment that is not always a fixed amount per month. Examples of this can include payments based on the...

Many employers already know that you cannot hire someone who does not have the right to work in the USA. That means that most illegal immigrants (unless granted work authorization) cannot work for a business. The legal problems from hiring someone without proper work...

Recently, I had to search out Roof Contractors to replace my roof. I learned a number of things. I took a few steps that helped me. There are multiple ways to check up on a contractor, and combining these methods gives you the best protection. Step One: Check Their...

Added on 04/30/2025 Yes, Attorney Nick Heimlich has dealt with commissions or bonuses based on performance. Sometimes the disputes about pay are adjudicated by the California Department of Labor Standards Enforcement, under the Department of Industrial Relations by a...

As of 2025, California state minimum wage is $16.50 per hour and the state minimum salary for exempt workers now $68,640.00. 2025 Local City Minimum Wages In 2025, multiple cities have increased their minimum wages: San Jose: $17.95 per hour Sunnyvale: $19.00 per hour...

In the bay area of California, home prices are really high. These high prices sometimes lead to people deciding to buy properties together even if they are not married yet, or are just friends or colleagues. While it is legal to buy property with other people,...

Yes. When someone wrongfully interferes with your control of personal property then often a lawsuit for a conversion cause of action may apply. What is personal property? Personal Property is for most individuals or businesses are things like cars, belongings,...

There are a variety of cases that Nick Heimlich handles. Below is a short bulletpoint list of categories of cases that he has handled or could handle. While he handles these types of cases, this is not a guarantee that he will handle your case, as each client is...

Among other things, you need to specify whether that contract is written, oral, or is implied by conduct under California Code of Civil Proc. § 430.10(g). So, to do this, it is possible to attach the contract as an exhibit. It is also possible to specify what parts of...

The California Department of Labor and Standards Enforcement is an administrative agency in California that provides a forum to have hearings about labor laws for both employees and employers. Typically, an employee would file a claim with the Department of Labor...

New California Requirement for Businesses California is now requiring (not an option) that businesses allow crime victims to take time off as "sick leave" to recover from the trauma of crimes. Understanding Labor Code Section 230.2 As many employers may already know,...