California employers are subject to countless federal, state and local laws, imposing various requirements, including wage and hour and anti-discrimination laws. Unfortunately, many employers – particularly small businesses – are unaware of their obligations and violate various worker protection laws, often resulting in expensive lawsuits, civil settlements and penalties. Here are some common, costly mistakes […]
Continue reading…When Is A Person Unfit To Make A Will?
Testamentary capacity refers to a person’s ability to understand and execute a will. As a general rule, most people who are over the age of eighteen are thought to be competent to make and sign the will. They must be able to understand that they are signing the will, they must understand the nature of […]
Continue reading…Don’t Let Your Social Networking Activities Undermine Your Divorce Negotiations
According to the American Academy of Matrimonial Lawyers, in the past five years 81% of its members have represented clients in cases involving evidence from social networking sites, such as Facebook, Twitter, YouTube and LinkedIn. Posted pictures and comments can make the job all-too-easy for your former spouse’s attorney to attack your credibility and ensure […]
Continue reading…Neighbor Disputes: Property Boundaries
Disputes with neighbors can range widely, from loud parties, to poor upkeep, to boundary encroachments. If you are like most property owners, you take great pride in your land, and you do not want anyone to use property that is rightfully yours. When neighbors start taking down shrubs, planting trees, or putting up fences on […]
Continue reading…Mandatory CalSavers Retirement Program – What Does it Mean for Employers?
Beginning July 1, 2019, CalSavers Retirement Program became a new employment law in California. CalSavers is a state-run retirement savings program for private-sector workers whose employers do not offer a retirement program (such as a 401k plan). Employers with five or more employees are required to either provide a retirement plan for their workers or […]
Continue reading…Financial Disclosure in Divorce
During the pendency of a divorce in California, each divorcing party is required to exchange full and complete financial information with the other. Family Code Section 2100 requires full disclosure of all assets and debts, income and expenses to the opposing party, from the date of filing of the Petition until the Judgment of Dissolution […]
Continue reading…4 Reasons Everyone Needs An Estate Plan
Many people are under the misconception that estate plans are only necessary for those with substantial wealth. In fact, estate plans are important for everyone who wants to plan for the future. For those unfamiliar with the concept, an estate plan coordinates the distribution of your assets upon your death. Without an estate plan, your […]
Continue reading…Characteristics (and Red Flags) to Look for When Buying a Business
An entrepreneur is one who organizes, manages, and assumes the risks of a business or enterprise. Being an entrepreneur means taking financial risk for economic profit, it doesn’t have to mean building a completely new business. For those with an entrepreneurial spirit who don’t have the latest and greatest idea for an app or new […]
Continue reading…Starting a New Business – Common Start-Up Costs
Starting a new business is an exciting time. For serial entrepreneurs, starting a new business is often more routine because they have developed a system from their prior ventures. For those who are just diving into entrepreneurship, understanding how to handle the early stages of the business, such as start-up costs, won’t be so routine. […]
Continue reading…Kathi Smith Featured in Attorney At Law Magazine
Attorney Kathi Smith’s article, “Prevailing Party Attorney’s Fees” was recently published in Attorney at Law Magazine! Prevailing Party Attorney’s Fees By Kathleen J. Smith When the parties’ contract provides that the prevailing party shall recover reasonable attorney’s fees in any dispute arising out of the contract, fees sought must be unreasonable in relation to the […]
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