A family court decision can be appealed on one of two grounds: error of law or abuse of discretion. Be careful, because procedural errors could result in the dismissal of your appeal. An understanding of the California family court appeals process can help you avoid mistakes that could undermine or even defeat your claim.
California employment law is in many ways quite different from the employment law of other states, and these differences can significantly affect the operations of an out-of-state party who seeks to employ workers in California. As a general statement, California employment law tends to be more protective of employees than the employment law of other states. Some (but not all) of California’s employment law is contained within the California Labor Code.
How you use social media can impact the outcome of your divorce proceedings, property division, child support, spousal support, and child custody arrangements Even material shared only with friends may become available to your ex if the family court judge orders you to release your social media passwords, which is quite possible. It is imperative, therefore, that you exercise care in how you use social media before, during, and after divorce proceedings.
Federal law already prohibits discriminating against someone based on their national origin. California law offers additional protections, and in 2018, it supplemented these protections with additional regulations. These regulations apply almost unformly, regardless of immigration status – in other words, they protect undocumented workers almost as much as they protect US citizens. Your company could face great legal liability if you are unaware of the law in this area.
An easement is a legal right to pass through another party’s property, or use it for certain other purposes, without being considered a trespasser. Easements are considered legal interests in real property, and in some cases, they can be bought, sold, or even leased. California easement law recognizes four different major types of easements.
Under California’s ‘palimony’ system, in the event of the separation of an unmarried but cohabitating couple, one separating partner may owe the other partner financial support (‘palimony’). The rules for ordering palimony are different than the rules for ordering alimony in a divorce case, and the purpose is different as well.
With estimates of the US divorce rate ranging from 40 to 50 percent, divorce is an issue that affects almost everyone at some point of another, either as a child or as an adult. One of the most complex issues surrounding divorce, especially for some families, is the issue of property division. The division of property between divorcing spouses requires full disclosure of the financial resources of both spouses.
The statistics are little short of astonishing – nearly one-third of Californians have criminal records. If employers refused to hire anyone with a criminal record, how would that affect the unemployment rate? Fortunately, such is not the case. A decade old criminal conviction for possession of a user’s amount of marijuana, for example, is not likely to get you blacklisted except for certain sensitive positions, such as those requiring government security clearance.
A potential problem remains, however, for responsible citizens with criminal records who are searching for employment – and such people abound. California has responded by enacting the Fair Chance Act, an amendment to the California Fair Housing and Employment Act (FEHA).
Once upon a time there was no such thing as parental leave, except as a voluntary policy at a handful of progressive companies. Then came mandatory maternity leave (which includes pregnancy disability leave), and finally, paternity leave. The term “parental leave” refers generally to either or both of maternity leave and paternity leave. California parental leave is some of the most employee-friendly legislation in the nation.
Parental leave prevents an employer from firing or laying off an employee for taking time off to spend time with their new child (and, in the case of pregnant women, due to disability caused by pregnancy).
California has enacted a special statute, the California Home Improvement Business statute, that sets out what must be included in a home improvement contract. This was a somewhat unusual (although hardly unprecedented) move by the California legislature since most California contracts are governed by general contract law, much of it created by courts rather than by the legislature. The statute includes:
A real estate contract is a private deal between at least two parties. In a sense, it is a form of private law, because it is binding on the parties once they enter into a valid contract. If the contract is breached, the party who committed the breach is obligated to pay the other party the amount that is necessary to restore the non-breaching party to the same financial position that he would have enjoyed had the contract not been breached.
Over the past decade or so, gay rights has been one of the fastest-changing areas of the law in the nation’s history, especially in California. And of course, gay rights incude rights with respect to child custody, visitation, child support payments and even adoption. The following is a brief description of California law as it stands in 2019.
The conventional wisdom is that, in a California divorce, “property is divided 50/50.” While this statement is fairly accurate as a crude approximation, the reality is often far more complex. It gets even more complicated, however, when the marital finances are complicated – after all, you have to know how much a marital estate is worth before you can fairly divide it. California divorce proceedings typically involve certain financial disclosures during the discovery process.
Arbitration is, quite simply, a “rent-a-judge” procedure whereby a person who is probably not a judge decides a dispute between two parties in a private proceeding. For an arbitration to occur, the opposing parties must agree to arbitrate, either before or after a dispute breaks out. California law supports arbitration, and California courts enforce arbitration awards. An arbitration award cannot be appealed to a court except under limited circumstances.
The California Privette doctrine, an example of judge-made law, established the general principle that project owners and higher-tiered contractors do not bear liability for worksite injuries suffered by employees of subcontractors. A property owner enjoys a qualified immunity from liability to an injured employee of one of his subcontractors, even if the accident occurred at a worksite he owns.
It is well known that both federal and state laws require certain employers to accommodate employees with disabilities under certain circumstances. This legal requirement has revolutionized the lives of many disabled individuals, rendering formerly “unemployable” people productive members of the nation’s workforce, to the advantage of both the affected individuals and the public at large.
What is less well known is that both California and federal law requires employers to accommodate certain mental disabilities as well. Since federal law applies along with state law throughout the state of California, employers must be sure to comply with both laws. If they directly conflict with each other, of course, federal law prevails.
California cannabis law is changing rapidly, and that change includes the laws relating to its application in an employment context. Much of this new law is being created by the courts, not the legislature. Cannabis law is a unique legal minefield, because its medical and recreational use is legal (although restricted) under state law, and yet it remains illegal (although unenforced) for both purposes under federal law.
Perhaps as many as half of all California adults will become a party to a child custody proceeding at some point in their lives. The stakes couldn’t be higher, because the well-being of both the child and the parents are likely to be greatly affected by the outcome. Although, once upon a time, California family judges gave preference to the mother when making custody decisions, this is no longer the case – at least in theory.
AirBnB arranges short-term rentals (typically between one day and one month) in private homes throughout the world. The rise of AirBnB has been controversial for more than one reason. Hotels obviously do not like it because of the competition it represents, of course. Long-term residents often object to AirBnB rentals, because if an AirBnB home is located in their neighborhood, they never know who their neighbors will be from day to day.
As a consequence of this controversy, local governments have been regulating AirBnB rentals. The rules vary from locality to locality – there is no statewide set of regulations. The following is a sample of some of the regulations that local governments have enacted concerning AirBnB and companies like it. Remember, however, that these regulations are changing rapidly, and some of this information may be outdated by the time you read it.
Three rules concerning AirBnB are likely to apply to you no matter where you are in California:
If you are renting an establishment, you almost certainly cannot sublet it to an AirBnB guest. Even if this practice is legal under local law, it is almost certainly a violation of your lease.
You cannot place a camera inside the residence to monitor the activities of your guests. You can, however, film exterior areas such as the front yard.
Almost all jurisdictions require hosts to register with the local government, and most of them will charge a steep “hotel tax.”
The following is a brief summary of some of the regulations that apply in the Los Angeles metro area:
Los Angeles: Hosts must use the residence as their own primary residence (they must live there for at least six months a year), and they may rent out their homes for up to 120 days per year, subject to a local hotel tax. Experienced hosts are sometimes allowed to exceed this limit for an extra $850 fee. Housing that is under rent stabilization or that has been classified as “affordable housing” cannot be rented out on AirBnB.
Santa Monica: The minimum rental period for a full unit is 30 days, but you may rent out a single room for less than 30 days. A 14 percent hotel tax applies.
Unincorporated LA County: Single family homes can be rented to up to four guests, but a hotel tax of 12 percent applies. Check with the Department of Regional Planning for renting out a multi-family home.
If you are considering renting out your home to guests with AirBnB or a similar service provider, consult with CKB Vienna first so that you will understand not only the local law that pertains to you, but also the legal risks you may face in a fast-changing regulatory environment.
Telephone us at 909-980-1040, or contact us online to schedule a consultation with us. We serve clients in Rancho Cucamonga, San Bernardino County, Los Angeles County, Orange County, and Riverside County.
Federal law requires every dealer of used cars to place a Buyer’s Guide in a conspicuous place in or on the car. Federal law also mandates the content of the Buyer’s Guide, and the required content keeps changing as the law is amended. The most recent amendment of the Buyer’s Guide requirement became effective on January 27, 2018.
You need to keep current on the state of the law, because the Federal Trade Commission can impose serious penalties on dealers who fail to comply with it.
Space does not permit a full listing of every detail of federal Buyer’s Guide requirements. Nevertheless, some of the more salient aspects of the law include:
The Buyer’s Guide must be conspicuously placed the moment you display the car for sale or allow a prospective customer to inspect it. This rule applies even if the car is not yet prepared for delivery.
The Buyer’s Guide requirement also applies to used cars sold at public auctions. Motorcycles, vehicles sold under a Salvage Certificate, and agricultural equipment (such as tractors) are exempt from the Buyer’s Guide requirement.
The Buyer’s Guide must be posted conspicuously. “Conspicuously” means (i) hanging from the rear-view or side-view mirror); under a windshield wiper; or attached to a side window.
As of January 27, 2018, used cars sold “as-is” must now display the designation “AS IS – THE DEALER DOES NOT PROVIDE A WARRANTY FOR ANY REPAIRS AFTER SALE.” Remember to use upper case letters.
If the car is not being sold “as is,” you must include a notification of the type of warranty that is offered: (i) a dealer’s full warranty or (ii) a limited warranty. In the latter case, the dealer must disclose which systems are covered as well as the duration of coverage.
A notification of any non-dealer warranty offered with the car, including any manufacturer’s warranty, manufacturer’s used vehicle warranty, and any other used vehicle warranty must be included.
The Buyer’s Guide must state whether a service contract is available.
Any “major defects” must be listed and described, and the 2018 amendments require any defects in airbags or catalytic converters to be listed as “major defects.”
Prospective buyers must be advised to obtain a vehicle history report and to check for any open recalls. The guide must also provide the URL for (i) the FTC web page that contains information on how to obtain a vehicle history report (ftc.gov/usedcars) and (ii) the web page that allows prospective buyers to check for open safety recalls (safercar.gov).
If the dealer conducts the sale in the Spanish language, a Spanish-language notification, advising prospective buyers to ask for a Spanish language Buyer’s Guide, must be included.
If you chose to, you can include a signature line on the Buyer’s Guide so that the customer can sign for receipt of the guide (this is a very good idea, by the way). If you include a signature line, you are also required to include the statement “I hereby acknowledge receipt of the Buyers Guide at the closing of this sale” above the signature line (in Spanish if the sale was conducted in Spanish). Use this exact wording.
Any dealer who sells at least six used cars per year is subject to the Buyer’s Guide requirements. If you are concerned about how to comply with federal or state regulations of used car dealers, or if you are involved in a related dispute or administrative action, contact CKB Vienna by calling 909-980-1040, or by contacting us online us online to schedule a consultation with us.
We serve clients in Rancho Cucamonga, San Bernardino County, Los Angeles County, Orange County, and Riverside County.
