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Yearly Archives: 2020

  •   December 2020 Out of state businesses with out of state employees may now be subject to California labor requirements under the recently published case Gulf Offshore Logistics, LLC v. The Superior Court of Ventura County. In Gulf Offshore, the Court held that employees were entitled to protections under California law because they performed all or most of their work in California, despite living outside of California and working for a Louisiana based company. The defendant company in Gulf Offshore was headquartered in Louisiana. The plaintiffs Gulf Offshore were “crew members on a vessel that provided maintenance services to offshore […]

  • December 2020 Changes to Home Improvement Contract Requirements in Effect January 1, 2021: New “5-Day Right to Cancel” Requirement for Contracts with Senior Citizens, New Construction Categories Added to “Home Improvement” Type Work and New License Classification for Residential Remodeling Contractors. As most contractors are aware, contracts for home improvement work must comply with unique requirements set forth in the Business and Professions Code (“BPC”).[1] BPC section 7159 identifies the requirements for home improvement contracts exceeding $500. Right to Cancel Home Improvement Contracts Extended for Individuals 65 Years of Age or Older from Three to Five Business Days. The changes […]

  • For the second year in a row, Gibbs Giden Locher Turner Senet & Wittbrodt LLP, was named in the LA Business Journal’s 2020 Most Law Admired Firms. “It’s truly a credit to the firm to be named to this list that includes many of the major law firms in Los Angeles,” current Managing Partner and Pepperdine Professor Chris Ng (JD ’01) said. In addition to Chris, Gibbs Giden boasts a bevy of Waves in their ranks: the firm has a grand total of sixteen practicing attorneys, one law clerk, and the head of marketing who all hail from Pepperdine Caruso […]

  • December 2020 LICENSED TO CONTRACT: A Reminder About Licensing Pitfalls for Contractors and How to Avoid Them James Bond, a.k.a. 007, was famously licensed to kill.  Without this license, Mr. Bond would have been in serious trouble with the authorities.  The same is true for a contractor. By performing construction work without a valid contractor’s license, a contractor is playing a very dangerous game and could lose it all.   It is well known that all contractors in California must be licensed by the Contractors’ State License Board (CSLB).  If a contractor is unlicensed at any point while performing construction […]

  • December 2020 One-Year Statute of Limitations Held to Apply to Disgorgement Under California Business & Professions Code § 7031 A recent decision by the Court of Appeal for the Second Appellate District should draw the attention of contractors (as well as project owners and developers) statewide.  In Eisenberg Village etc. v. Suffolk Construction Co., Inc. (2020) 53 Cal. App. 5th 1201, the Court of Appeal ruled that the disgorgement remedy provided in Business & Professions Code § 7031(b) is a penalty and therefore subject to a one-year statute of limitations pursuant to Code of Civil Procedure § 340(a).  The Court […]

  • 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 […]