February 2023   Although Senate Bill 688 did not receive much attention, this new California law effective January 1, 2023 takes away a creditor’s ability to secure a Confession of Judgment. Specifically, SB 688 amends Code of Civil Procedure section 1132(a) as follows, in pertinent part: (a) A judgment by confession is unenforceable and may not be entered in any superior court. The law does not apply retroactively and does not impact those confessions of judgment obtained or entered into before January 1, 2023. But the new law does have significant ramifications for credit professionals and financial executives that have […]

Although there is a strong public policy favoring arbitration, such a policy cannot displace the necessity for a voluntary agreement to arbitrate. In a recent decision, the appellate court held that the trial court could reasonably determine that there was no agreement to arbitrate where the form of the agreement is deceptive. Specifically, the court said the arbitration clause was invalid “because the clause is as inconspicuous as a frog in a thicket of water lilies.” In Domestic Linen Supply Co., Inc. v. L J T Flowers, Inc., Case Nos. B292863/B294788, 2020 Cal. App. LEXIS 1148 (Cal. Ct. App. December […]

  The Passive Income Attorney Podcast with Seth Bradley hosted a discussion with corporate and real estate attorney Jeffrey Love on how to avoid the most common mistakes when investing in real estate, as well as the five W’s you need to know before starting your own business entity. If you want to hit the ground running with your business and investments to set yourself up for quick success, listen to the podcast.    Podcast here: HOW TO USE THE 5 W’S TO PROTECT YOUR ASSETS WITH JEFFREY LOV‪E‬   For more information contact: Jeffrey B. Love, Esq. email: jlove@gibbsgiden.com Jeff […]

It’s crucial to pay attention to the legal side of your bookkeeping business to ensure that you’re protected both in times of success and most especially in times of chaos and uncertainty. Jeffrey Love is a corporate lawyer and partner at the firm, Gibbs Giden in California. His practice areas include business, commercial and real estate law. He provides outside general counsel to a wide array of businesses, advising on joint ventures, strategic alliances, partnership arrangements, entity formation, and general contract preparation.  Listen here.  For more information contact: Jeffrey B. Love, Esq. email: jlove@gibbsgiden.com Jeff Love is a partner with the firm. […]

John Chapman talks with Jeff Love, who is a Partner at Gibbs Gidden law firm in Los Angeles, about the importance of a Buy-Sell agreement in a partnership or small business. Jeff talks about some of the unforeseen risks that can come up when a partnership doesn’t have a Buy-Sell agreement in place. And he also talks about what all is included in the drafting process of the agreement and how you can get started today.  Listen here. Making Sense of a Buy-Sell Agreement with attorney Jeff Love For more information contact: Jeffrey B. Love, Esq. email: jlove@gibbsgiden.com Jeff Love is a partner […]

New ballot measure may force business owners to rethink their real property exposure. Enacted in 1978, Proposition 13 established that real property taxes in California (whether on commercial, residential or industrial property) are based on the purchase price of the subject property. These taxes are generally[1] limited to 1% of the purchase price of the property and are subject to an annual increase of 2% or the rate of inflation[2], whichever is lower. These limitations are often a boon to property owners since property tax liability is pegged to the owners’ cost basis instead of the property’s market value (which, […]

2019 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 […]

  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 […]

2017 It is widely known that if you want to conduct business in the State of California using a fictitious business name, you must properly register your fictitious business name. Whether your business is a sole proprietorship, partnership, corporation or other legal entity seeking to use a fictitious trade name, the registration process requires the business owner to file a fictitious business name statement (within 40 days of first using the business name) with the county clerk’s office where the principal place of business is located in California. Within 30 days of the filing, the fictitious business name statement must […]

2015 What should you do when you receive a check from a customer for an amount less than your total claim, but the check is marked with a “payment in full” or similar restrictive notation? Should you return the check to the debtor? Or can you simply cross out the “payment in full” language, deposit the check and pursue the unpaid balance? And what if you use a lockbox to handle the numerous checks you receive and those checks are deposited before you see them? Short Answer The answer to this question depends on what state law applies to your […]