Contract Disputes
Landlord Tenant Law: Lease Assignments
We recently posted an article about subleases, and how this may be a remedy for renters who need help paying the rent, or need to move out of their rental unit temporarily but plan on coming back. However, if a tenant who has entered into a written lease agreement for a fixed period of time [...]
Trade Secrets and California Law – Defining Trade Secrets
For many businesses, success depends upon keeping certain, key pieces of company information strictly in-house. This information might be a certain technique or formula used to create a product, a client list, or a business plan- all of these could indeed represent “trade secrets.” Yet there is no hard-and-fast list of types of information that [...]
Confidentiality Agreements: Protecting Business Owners in San Diego
While non-compete agreements are generally unenforceable in California, an employer can restrict an employee from utilizing, stealing, disclosing or compromising the employer’s trade secrets, data, client lists, patents, etc. Such confidential, proprietary information is owned by the employer and cannot be taken by the employee for use outside his or her employment with the employer. [...]
Interpleader Actions: Potential for Resolving Real Estate Escrow Disputes
An interpleader action aims to determine the party who is entitled to receive money or property when a neutral third party is holding funds or property and is confronted with two or more claimants to the same money or property. The interpleader action allows for the neutral third party, or “stakeholder,” to avoid liability to [...]
Unlawful Detainers: 3 Day Notice, 30 Day Notice or 60 Day Notice?
As discussed in my recent blog article about the San Diego eviction process, the first step in evicting a tenant is issuing the appropriate notice. The most common notices are the 3 Day Notice, the 30 Day Notice and the 60 Day Notice. 3 DAY NOTICES The 3 Day Notice will require the tenant to [...]
San Diego Unlawful Detainer/Eviction Process and the Roles of Landlords and Tenants
Eventually, any owner or manager of a property will come to the point where they need to remove a tenant from their rental property. In this article, I will outline the steps necessary to actually, and legally, re-establish possession of the property. 1. Service of Notice- This first step is not technically the “start of [...]
Lawsuits In San Diego: When is Small Claims Court Appropriate? Do I Need an Attorney?
Small claims court can be a great option for individuals involved in disputes. While parties may instinctively seek to “lawyer up,” getting lawyers involved may not make financial sense. I guess you could say this information goes against my business interests as a private attorney in San Diego…well, so be it. Small claims court allows [...]
Avoiding Business Disputes: Should You Go Into Business With Family And/Or Friends?
It is natural to partner up with friends and family for a business venture. These are the people with which you most often socialize and share ideas. Also, these are the people you trust. Going into business with family and/or friends is perfectly okay–as long as you remember it is “business.” For those of you [...]
The California Civil Litigation Process: Complaints, Answers, Discovery, Trials, and Judgments
I am asked on a daily basis by potential clients, “how does a lawsuit work?” As I begin to explain the dry, meticulous, and laboring process…I am typically abruptly cut off with the next question, “how long does all that take?” In typical lawyerly fashion, my response is, “it depends.” Knowing full well that the [...]
Wrongful Foreclosure Action: Homeowners Armed with Powerful Remedy Against Sloppy Lenders
My intention in writing this post is not to stoke up another debate over the current real estate debacle in California. I do not intend to spark once again the philosophical wrangling between homeowners and their lenders. I am a lawyer, not a radio talk-show host (yes, there is a difference). I take this opportunity [...]