This is the big new 2016 law. This allows women to ask questions about their own pay and ask others what they make without the threat of discipline. While this is not a “new law”, this law helps lawyers to help their female clients! Also the employer’s record keeping requirements is increased from two to
Cheerleaders are employees!! (Labor Code 2754)
Yaaay! Lets hear it for the lawyers! Cheerleaders are not classified as employees. Labor Code 2754. Note, this only helps California based team cheerleaders. Assembly Women Lorena Gonzalez, was the sponger of this bill. Lorena was a Stanford cheerleader, she is in the photo, second from the left. She was a smart and hot cheerleader!
Grocery Store Workers Protected from Termination for 90 days after merger (Labor Code §2504)
For the first 90 days after a grocery store is sold to a new owner, grocery store workers cannot be fired. AB359 codified as Labor Code §2500, et seq. The store must be at least 15,000 square feet.
New 2016 Civil Procedure Laws
Here are a few new 2016 laws for litigators:
Continue Reading New 2016 Civil Procedure Laws
Demurrers Require “meet and confer” before filing CCP §430.41
C.C.P. § 430.41 added to require demurring party to attempt to meet and confer prior to filing demurrer and file meet and confer declaration with demurrer; limits on subsequent demurrers; limits amendments to pleadings after demurrer. This statute also makes other changes, but some useful parts of this new law are:Continue Reading Demurrers Require “meet and confer” before filing CCP §430.41
Statutes referring to Mailing use a different date For Calculation of Responses
In law, every word has a meaning and often one statute contradicts another. Today with more electronic service occurring, many statutes need to be updated to reflect that form of service of notice. When that occurs, look at the structure of the statute and if it has a specific focus, (e.g. look at the object of the sentence) . For example, rules calculating dates can be either upon service of a document OR mailing of a document. “Mailing” is a specific fact, while “service” is more general. While the basic/common rule is CCP 1013 referring to “after service”, other rules for specific documents are after “mailing”. Think, the postmarked date may differ from service. An example is the deadline for service of a memo of costs after judgment is after the clerk/party mails notice of entry of judgment (CRC Rule 3.1700) So depositing into a post box at 6:00 p.m. Friday but it is picked up and postmarked the next Monday is mailing on Monday. So look beyond the common “extension statute” CCP § 1013 (mailing) and CCP §1010.6 (fax/overnight delivery) for others such as the following:
Continue Reading Statutes referring to Mailing use a different date For Calculation of Responses
City (anti-Airbnb) Law Trumps Lease Term allowing short term rentals (Chen v. Kraft (2016) 243 Cal.App. 4th Supp 13)
The Appellate Department of the Los Angeles Superior Court (Chen v Kraft (2016) 243 CA4th Supp 13) allowed a landlord to evict a tenant for running short-term rental business out of his residential rental unit in Los Angeles.
In Chen, the Court affirmed a summary judgment granting possession to the landlord EVEN THOUGH
45 Day Rule Runs from date of Verified Response CCP §2031.310(a), (c)
If only objections are served, you have an unlimited amount of time to file a motions to Compel because the time limit is now based on the date of service of the verified response. New law, Stats 2013 ch 18; see CCP § 2031.310(a),(c)].
Landlord can deduct a portion of the value of rental unit to resident manager as part of wages due
In Von Nothdurft v. Steck, (2014) 227 Cal.App.4th 524, the manager challenged the written management agreement with the landlord as being “unconscionable” or “an adhesion contract” so void. The Court of Appeal said the agreement was fine and confirmed it was freely entered into. The Court told the manager/tenant she could not have it both ways. Further, managers cannot claim to be “on call”, they are only paid for the time actually working, even if the manager is waiting for a tenant or worker to come to the property.
Continue Reading Landlord can deduct a portion of the value of rental unit to resident manager as part of wages due
HOA may charge fees short term rental fee to homeowner who rents to short term tenants (AirBnB)
In Watts v Oak Shores Community Association (2015) 235 Cal.App.4th 466, the Court said an HOA may impose reasonable regulations and charge reasonable fees that are related to short term rentals that are not imposed or charged other owners of longer term rentals.
Continue Reading HOA may charge fees short term rental fee to homeowner who rents to short term tenants (AirBnB)