Attorney Blog

Neighbor Disputes: Property Boundaries

  • Jul 31 2019

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 your property, that is exactly what they are doing—using your real estate. What can you do to deal with...

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Don’t Let Your Social Networking Activities Undermine Your Divorce Negotiations

  • Jul 31 2019

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 you do not receive the relief that you are requesting from the court. A picture is worth a thousand...

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Financial Disclosure in Divorce

  • Jun 27 2019

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 is entered. The requirement is intended to provide each party with full transparency of all financial matters that may...

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Mandatory CalSavers Retirement Program – What Does it Mean for Employers?

  • Jun 27 2019

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 register for CalSavers and facilitate employees’ contributions to Individual Retirement Accounts. An employer that offers a tax-qualified retirement plan...

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4 Reasons Everyone Needs An Estate Plan

  • May 22 2019

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 estate (assets) will go through the probate system, regardless of how much or how little you have. There are...

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Characteristics (and Red Flags) to Look for When Buying a Business

  • Apr 26 2019

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 technology, acquiring and improving an existing business is just as entrepreneurial as starting a new company. When buying a...

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Starting a New Business – Common Start-Up Costs

  • Apr 19 2019

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. If you have a business idea and you’re considering taking the plunge with a start-up, it is essential to...

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Kathi Smith Featured in Attorney At Law Magazine

  • Feb 8 2019

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 services performed. If the opponent’s case was over-lawyered, if  fees are block-billed, if clerical tasks are included in the...

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New Sexual Harassment Prevention Training Laws in 2019

  • Jan 10 2019

California employers with at least five employees must now provide sexual harassment prevention training and education to all supervisory employees and non-supervisory employees in California. Since 2005, employers with at least 50 employees have been required to train and educate all personnel in supervisory positions in California in the prevention of sexual harassment. SB 1343 lowers the number of employees to five and includes non-supervisors in the mandate. The new law also requires covered...

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New Twist on Employer Liability for Commuting Employees’ Vehicular Accidents

  • Dec 22 2018

In general, employers are liable for any wrongful actions committed by their employees while the employees are carrying out their job duties — including vehicular accidents while on the job. Accident victims can sue not only the individuals at fault, but often their employers as well. An exception to this rule exists for accidents that occur during an employee’s normal commute. Because employees are not engaged in work duties while traveling to and from...

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