Plaintiff sued for fraudulent transfer. Defendants then paid the judgment, but instead of dismissing his complaint, plaintiff amended it to seek damages caused by the delay in paying the judgment. The trial court sustained defendants’ demurrer. On appeal, plaintiff argued his amended complaint asserted a common law fraudulent transfer claim, which gives rise to
Sexual Harassment Training Now Applies to Small Businesses
Employers with 5 or more employees (not including independent contractors), must provide at least 2 hours of sexual harassment training to all supervisory employees and at least one hour of sexual harassment training to all non-supervisory employees by January 1, 2020, and once every 2 years thereafter. An employer includes a person who regularly receives
Employers can now inquire into an applicant’s salary history (Labor Code §432.3, 1197.5)§
Prior law prohibiting an employer from asking or relying upon the applicant’s salary history is modified. Employers may now inquire into an applicant’s salary expectation for the position being applied for such as for seniority or merit. Sexual based salary decisions remain illegal. Labor Code §§ 432.3 and 1197.5. Effective January 1, 2018.
Cannot Require, Induce or Condition employment upon the signing of a release or non-disparagement agreement unless part of an existing dispute. (Govt. Code 12964.5
An employer cannot require the execution of a release or non-disparagement agreement in exchange for any condition of employment and broadened non-employee harassment. Changes to the laws concerning harassment, discrimination, etc. (Government Code § 12940, 12965, 12923, 12950.2, and 12964.5) broadened the definition of harassment to include any type of harassment, not merely sexual,
Late Fees in a 3 day Notice Are almost always unenforceable (Excellent analysis by the Court)
The primary published case is Del Monte Properties & Investments, Inc. v. Dolan (2018) 26 Cal.App.5th Supp. 20, 24. In Del Monte the Court held that the landlord must prove that the actual losses caused by late payment of rent were extremely difficult or impracticable to determine. Moreover, an agreement to the term setting
2019 New Laws for Real Estate Issues
Here is a summary of some of the larger new real estate oriented laws for 2019.
- Landlord Tenant: Evictions – Three Days’ Notice Excludes Holidays and Weekends: When counting a three days’ notice to pay rent or quit or a three days’ notice to perform covenant or quit, or in responding to a complaint
Default Judgments (including for accounting and related damages) remain limited to what is set forth in the pleading (Sass v. Cohen (2019) 32 Cal.App.5th 1032.)
Due process prevails. A common mistake is pleading damages (other than as limited in Family/PI/wrongful death cases) according to proof without providing the defendant with a number of possible damages. The result is a default but no money to the plaintiff. The law states a default judgment cannot exceed the type and amount of relief
Broker Must Disclose all Material Facts, Even if Obtained from a Neighbor! (In Ryan v Real of the Pacific, (2019) 32 Cal.App.5th 637)
The Court held that a broker must disclose that the seller’s neighbor told him he planned to remodel and his remodeled house would overlook the seller’s pool and interfere with the view. This case case also found expert broker testimony is not always necessary to find breach of a broker’s duty care. The Court stated
Landlord’s Must Disclose if a CASp Report Exists Civil Code Section 1938 requires commercial landlords to state in every lease executed on or after July 1, 2013, whether the property being leased has been inspected by a Certified Access Specialist (CASp) (Civil Code §1938
January 1, 2017, Civil Code § 1938 was expanded to require:
A Certified Access Specialist (CASp) report can reduce the minimum statutory damages and allow for a stay of the lawsuit pending a mediation session with the court. Effective January 1, 2017, revised Code Section 1938 also requires:
- A commercial property lessor shall state on
Amended Complaint Must be Filed 9 Court Days Before the Demurrer hearing (CCP §472)
The trial court research attorneys s are now happier! No longer can an amended pleading be filed the morning before the demurrer hearing! As of 2018, amended Code of Civil Procedure §472 now provides:
(a) A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or