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Yearly Archives: 2020

  • Matthew Ma talks about real estate investing from a legal perspective with partner Jeff Love.  Watch here.  For more information contact: Jeffrey B. Love, Esq. email: jlove@gibbsgiden.com Jeff Love is a partner with the firm. His practice encompasses all facets of real estate transactions, including drafting and negotiating purchase, sale, syndication, and financing transactions in connection with commercial, industrial, and residential assets. He also regularly drafts and negotiates office, retail, and industrial leases for regional landlords and tenants throughout the West Coast. Mr. Love has extensive experience drafting, negotiating, and reviewing real estate loan documents, including originations, modifications, note purchase agreements and […]

  •   November 2020 Despite being a single sentence, Business and Professions Code § 16600 establishes substantial rights for employees to freely work in the profession of their choosing.  Section 16600 says in its entirety: “Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.”  Section 16600 makes most non-compete agreement unenforceable in California. Understandably, section 16600 frustrates employers who have spent time and expense training employees only to see those employees freely leave to work for the competition. While employers […]

  • November 2020 For many businesses, a commission-based workforce seems like a win-win arrangement.  Employees do not have a cap on how much they can earn while employers get the benefit of a motivated workforce and no guaranteed salaries for underperforming employees. Semprini v. Wedbush Securities, Inc. No. G057740 2020 Cal.App. LEXIS 1061, is a cautionary tale that commission only employees are not exempt from overtime. In Semprini, two financial advisors brought a class action claim against Wedbush Securities, Inc. (“Wedbush”) for unpaid overtime. At trial, the trial court determined that the financial advisors were properly classified as exempt employees and, […]

  •   November 2020 Several new employment laws are going into effect in California on January 1, 2021. These new laws expand coverage of the California Family Rights Act (“CFRA”) and establish employer obligations in response to COVID-19 outbreaks.  SB 1383 Expands Coverage of the CFRA SB 1383 is an expansion of the CFRA. The most sweeping change to the CFRA in SB 1383 is the expansion to small businesses. The CFRA currently guarantees unpaid leave to employees if the employer has 50 or more employees within a 75-mile radius. SB 1383 will guarantee leave to employees if the employer has […]

  •   November 2020 Attorneys know all too well the propensity of apathetic or discontented defendants for evasive litigation strategies, but a recent case serves as an important reminder that a willful failure to participate in a lawsuit, even at times of significant personal hardship, may have dire consequences. In Kramer v. Traditional Escrow, Inc., No. G058522, 2020 Cal. App. LEXIS 972 (Cal. Ct. App. Oct. 20, 2020), Michelle Kramer (“Kramer”) filed a lawsuit against her employer, Traditional Escrow, Inc. and Annette Scherrer-Cosner (“Cosner”), seeking a $20,030.90 commission payment. Kramer’s allegations were never heard in court, however, after Cosner made the […]

  • 2021 is just around the corner and with it comes significant changes to the California Family Rights Act (“CFRA”) from Senate Bill (“SB”) 1383. The CFRA is the state companion statute to the federal Fair Employment and Housing Act (“FEHA”).  It generally provides qualifying employees up to 12 weeks of paid or unpaid leave for the birth or adoption of a child, to care for an immediate family member with a serious health condition, or because of an inability to work because of a serious health condition.  Employees qualify if they have worked for an employer for at least 12 […]

  •   October 23, 2020 PROPERLY DRAFTED SEVERANCE AGREEMENTS CAN PROTECT EMPLOYERS AGAINST LAWSUITS At some point, every employer faces the dilemma of needing to terminate an employee but fearing that the employee will respond with a lawsuit.  To complicate matters, California enacted AB 9 as of January 1, 2020, extending the deadline for file a claim of discrimination with the Department of Fair Employment and Housing (“DFEH”) from one year to three years.  A DFEH complaint is a prerequisite to filing a discrimination lawsuit in California.  After a DFEH complaint has been filed, the employee has another year to file […]

  • October 2020 Read Barbara Holland’s Las Vegas Review-Journal article where she interviews Partner Matthew Grode regarding Nevada’s SB4 pertaining to limiting liability regarding COVID-19.  SB4 does not offer HOAs complete immunity from liability_ Las Vegas Review-Journal For more information contact: Matthew L. Grode mgrode@gibbsgiden.com (310) 734-3345 In his many years of practice, Mr. Grode represents hundreds of community associations relative to a broad array of legal issues including, but not limited to, interpretation and enforcement of governing documents, drafting of governing documents, contract negotiations and disputes, and construction defect litigation.  The content contained herein is published online by Gibbs Giden […]

  • October 2020 CALIFORNIA COURTS DELIVER ANOTHER BLOW TO COMMERCIAL POLICYHOLDERS SEEKING BUSINESS INTERRUPTION COVERAGE FOR LOSSES CAUSED BY GOVERNMENT-MANDATED “STAY AT HOME” ORDERS IN RESPONSE TO COVID-19. Another California court has held that an insurer is not obligated to cover business interruption losses for a policyholder that closed its operations due to the government-ordered shutdown in response to COVID-19.  In Mudpie Inc. v. Travelers Casualty Insurance Co. of America (“Mudpie, Inc.”), the U.S. District Court for the Northern District of California held that Travelers Casualty Insurance Co. (“Travelers”) was not obligated to pay a lost income claim by Mudpie Inc. […]