In California, a partition action occurs when one co-owner of real property wants to sell but remaining owners do not. Under California law, a cause of action for partition is governed by the requirements of CALIFORNIA LAW CIVIL PROCEDURE CODE SECTION 872.230, which provides, in pertinent part: The Complaint shall set forth: (a) a description …
In California, a demurrer effectively serves as a motion to dismiss at the beginning of a case. More often than not a strong defense move is to determine when a demurrer is appropriate to file in the case. A demurrer tests the sufficiency of the pleading, i.e., whether the complaint properly stated a cause of …
Employment policies can be challenged if, for example, an employer hires only men, fires older workers, or separates employees by race, gender, or age. You may be entitled to compensation even if the employer’s practices are not intentionally designed to exclude, but have the effect of disproportionally disadvantaging employees with protected characteristics. Systematic disparate treatment …
It depends. Agency law is all about asking when one party is responsible for the actions of another and what rights and obligations do those parties have to one another. This relationship is determined by the jury at trial. Indeed, an employer who personally engages in no misconduct may be vicariously liable for the wrongful …
Can you sue an employee while they are on the job? Read More »
Other than the standard corporation or partnership, there are other types of business entities that are worth looking into for your business. For example, S Corporations are simply corporations that have a special tax status. It is formed as a corporation at the state level and then you select S corporation with the IRS. It …
In California, the division of property made upon a divorce is based on community property laws. The community property law system is based on the principle that the efforts of each spouse contribute equal to the accumulation of wealth during marriage. Thus, unless there is an agreement between the spouses that states otherwise, all property …
Family Law? Divorce Law? No, it’s actually all about Community Property Law Read More »
