August 2023   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 other finance-related transactions from structuring through loan closing. He is a licensed real […]

  August 2023   Dynamix Operations W. v. Superior Court and the subsequent passage of AB 5 represent seismic shifts in independent contractor rules in California.  We have previously provided details of these changes and their impacts. The Recent Evolution of Independent Contractor Laws; California Assembly Bill 5: Drastic Changes to the Healthcare Industry Are Certain and Immediate; California Motor Carriers Are Subject to AB-5; Ten Common Employment Law Violations; New California Employment Laws for 2022; California Employment Law Update 2021. But how do these laws impact the construction industry, and specifically the relationship between the prime contractor and subcontractors?  […]

  August 2023 On June 20, the United States Supreme Court denied a petition by Mobilize the Message LLC (“Mobilize”) challenging California’s test for classifying workers as independent contractors.  We have previously addressed how California made it significantly harder to classify workers as independent contractors when it passed Assembly Bill 5 (“AB 5”).  The Recent Evolution of Independent Contractor Laws; California Assembly Bill 5: Drastic Changes to the Healthcare Industry Are Certain and Immediate; California Motor Carriers Are Subject to AB-5; Ten Common Employment Law Violations; New California Employment Laws for 2022; California Employment Law Update 2021. Mobilize contracts with […]

July 2023 If you not a professor or attorney that LOVES civil procedure (and specifically personal jurisdiction), I highly recommend moving on to a different article! But if you fall into either of the above categories, you are in luck! In the latest appellate decision (Davis v. Cranfield Aerospace Solutions – June 23, 2023) from the Ninth Circuit Court of Appeals on personal jurisdiction, the court delivers a gift to civil procedure law professors everywhere by walking through and reiterating the law on personal jurisdiction — i.e., whether a particular court has the power to exercise its authority over a particular […]

June 2023   The L.A. Times B2B publishing team has listed 101 of the very best thought leaders and power brokers in the legal space. According to the Times the standout attorneys were judged on success rates, settlements, and verdicts from 2019-2022. Gibbs Giden is proud to have had two attorneys on this list, partner Richard Wittbrodt and managing partner Chris Ng. You can read more about the visionaries here. https://npaper2.com/business–visionaries/2023/06/#?page=36&mode=3&dpg=1&z=62   The content contained herein is published online by Gibbs Giden Locher Turner Senet & Wittbrodt LLP (“Gibbs Giden”) for informational purposes only, may not reflect the most current […]

May 2023 James I. Montgomery, Jr. answers questions from Gibbs Giden’s Meghan Behar. After 22 years James is leaving Gibbs Giden this month to start his new position as Superior Court Commissioner.    Where were you born?  I was born and raised in Louisville, Kentucky What was your first job? James: My first legal job was with the firm of Daniels, Baratta, & Fine in 1982. It was my introduction into civil trial work and where I learned to be a trial attorney. My very first job was working in a laundrymat/cleaners in the evening while in high school. How […]

  May 2023 In a new appellate case published on May 5, 2023 (Dua v. Stillwater Insurance), the California Court of Appeal reminded insurance companies that an insurer’s duty to defend is broader than the duty to indemnify — much broader. In California, the duty to defend and the duty to indemnify are two important obligations that insurance companies have towards their policyholders. The key difference between the two duties is that the duty to defend is based on the potential for coverage, while the duty to indemnify depends on the actual outcome of the claim or lawsuit. Generally speaking, the duty […]

April 2023 Sustainable Building Materials Presented at the American Bar Association Forum on Construction Law Annual Meeting 2023 Download here  Sustainable Building Materials – Paper  For more information contact the author and presenter Theodore L. Senet, Esq (310)-734-3311 tsenet@gibbsgiden.com Theodore L. Senet is a partner of the firm. Since joining the firm, Mr. Senet’s areas of practice have been insurance, construction, environmental, and real property law. Mr. Senet has been involved in planning and construction of major projects, including high rise buildings, hospitals, airports, roadways, pipelines, power plants, refineries, and major commercial and residential developments. He currently represents private and […]

April 2023 Wage theft is undoubtedly a major issue in the United States.  According to a study by the Economic Policy Institute, wage theft could amount to $50 billion dollars per year owed to unpaid workers. To combat wage theft, California has passed onerous regulations and severe penalties for non-compliance.  These rules are often so burdensome that it can be difficult for even the most well-intentioned employers to comply with all requirements. The ramifications of non-compliance can be devastating to businesses as they may face crippling class-action lawsuits and Private Attorneys General Act (“PAGA”) claims. There are, however, steps that […]

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 […]