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Author: GibbsGiden

  • In February 2012, Aetna Life Insurance Company (“Aetna”) filed a lawsuit in Santa Clara County Superior Court against Bay Area Surgical Management, LLC (“BASM”). The case is captioned Aetna Life Ins. Co. v. Bay Area Surgical Management, LLC.  The outcome of the Aetna case is profound, and in my own practice, I have consistently warned physicians to be mindful of when they waive co-pays and deductibles, and to do so only in certain, limited circumstances. Just ask BASM, a moderately sized outpatient surgery practice which was tagged with a $37,400,000.00 jury verdict. The Aetna case is relatively dated, but the lessons will never stale. […]

  • Partner Jeffrey Love offers consultation services to developers from acquisition through to titling, construction, and holding or leasing stages of the development process. He has also recently been assisting investors and business owners as he is a real estate investor himself. One of Jeffrey’s key services is the legal support he gives regarding incorporating a business. Listen to the podcast as Jeffrey takes you through the five W’s involved in such a process: the who, what, when, where, and why. A key takeaway  is what Jeff says about different state laws and where to start a business depending on your […]

  • California healthcare practices, including group practices and outpatient surgery centers, should brace for sweeping changes beginning on January 1, 2020, to the way they engage providers and staff, including nurses, physicians’ assistants, nurse practitioners, and technicians. At its core, Assembly Bill 5 puts a much greater burden on businesses to establish a worker is an independent contractor as opposed to an employee. According to the Los Angeles Times, “California’s bill is arguably the strongest of its kind in the nation, giving the state and cities the right to file suit against companies over misclassification, overriding the arbitration agreements that many […]

  • How do you shield yourself from liabilities and avoid the top mistakes, unfortunately, often made when investing in real estate? Jeff Love, in a discussion with Ellie Perlman, highlights some of the most common mistakes he has seen investors encounter, and more importantly, how to avoid them.  Ellie is the Founder and CEO of Blue Lake Capital, a real estate investing firm specializing in multifamily investments. At Blue Lake Capital, Ellie helps investors grow their wealth by investing alongside her in large multifamily deals.     The content contained herein is published online by Gibbs Giden Locher Turner Senet & […]

  • Businesses throughout California have a common New Year’s Resolution this year: ensure compliance with the California Consumer Privacy Act (CCPA). Earlier this year we posted an article comparing the highlights of CCPA—which will come into effect on January 1, 2020—to the General Data Protection Regulation (GDPR). Though strict enforcement of CCPA will likely not occur until July 1, 2020, it’s best not to delay. Here are a few reminders to get you started as we turn into the New Year: Does CCPA Apply to Your Business? CCPA applies to any business that collects or processes the personal information of a […]

  • Listen to Sean Pan interview Jeff love. Sean interviews the top real estate investors and professionals to give you the inside tips and tricks of the industry.  In this podcast Jeff focuses on real estate transactions  clarifying a lot of Sean’s questions about Real Estate Law and what to do to stay out of trouble with the SEC. Listen here. https://anchor.fm/sean-pan/episodes/108—What-You-Need-To-Know-About-Real-Estate-Law-with-Jeff-Love-e95hq5/a-a12l937             The content contained herein is published online by Gibbs Giden Locher Turner Senet & Wittbrodt LLP for informational purposes only, may not reflect the most current legal developments, verdicts or settlements, and does […]

  • Raising capital from private investors can be tricky. There are a lot of laws you need to be aware of and having the right members on your team to guide you through the legal world of the SEC (Security Exchange Commission) is paramount to your success as a real estate business owner. Access to more capital means access to more deals, but it has to be done right. On Reed Gossen’s SoundCloud podcast Investing In The U.S. he talks with real estate attorney and partner Jeff Love about the difference between a broker dealer and a co-GP when raising money […]

  • The debate over whether rent control is the solution to California’s affordable housing crisis is now at an all-time high as Governor Gavin Newsom has signed Assembly Bill 1482 (“AB 1482”) into law. Newsom has said that with AB 1482 California will boast the “nation’s strongest statewide renter protections.”  California is following in the footsteps of New York and Oregon in implementing state-wide rent control to preserve affordable housing as the state’s housing crisis continues to grow.   What does AB 1482 Entail? AB 1482 has two central components: a limitation on rental increases and the implementation of “just cause” […]

  •   de la Carriere v. Greene, 39 Cal. App. 5th 270 (Cal. Ct. App. 2019). Date of Opinion: August 28, 2019   California Court of Appeal held that, under California Civil Code §1717, there may only be one prevailing party entitled to attorney fees on a given contract in a given lawsuit. An “action on a contract” refers to the entire lawsuit. When Party A prevails at trial, Party B’s subsequent success on appeal does not make Party B the prevailing party when it does not affect the trial determination. Facts and Procedural History As part of an agreement for […]