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California.
MY COMMERCIAL TENANT WON’T PAY THEIR RENT! CAN I EVICT AB 3088 forestalls evictions of California residential tenants who have suffered financial hardships resulting from the COVID-19 Pandemic but does not forgive or cancel a tenant’s obligation to pay rent, or back rent owed. Importantly, AB 3088 does not apply to commercial tenants. On January 29, 2021, Governor Newsom also signed into law PROP 19 – BEWARE OF PROPERTY TAX REASSESSMENTS Prop 19 – Beware of Property Tax Reassessments. Proposition 19 was passed in November 2020 by California voters. This proposition was marketed to voters as a way to protect the property tax basis of a primary residence for seniors 55+, those who are severely disabled, and victims of wildfire and natural disasters, but what they didn’ttell
SPOTLIGHT ON ETHICS: RULES OF REMOTE WORK Carole Buckner is a member of the California Lawyers Association Legal Ethics Committee. As partner and general counsel for Procopio, Cory, Hargreaves & Savitch, LLP, she advises lawyers and law firms, and serves as an expert witness in matters involving legal ethics and professional responsibility. The views expressed are solely her own. 2021 JOINT LITIGATION AND APPELLATE SUMMIT Earn up to 10 Hours of MCLE, which includes 3.5 Hours of Legal Specialization in Appellate Law, 1 Hour of Elimination of Bias We kick off our Summit with programs of interest to all trial and appellate practitioners, including our ever popular review of the current SCOTUS term with U.C. Berkeley School of Law Dean Erwin Chemerinsky and former Strict Scrutiny co-host Jaime Santos; ourDUNLAP V. MAYER
Following the death of Erwin Mayer in 1995 a settlement agreement was entered into between family members and business entities. The agreement modified the terms of the Marital Trust whereby the decedent’s wife, Josephine, would be the sole income beneficiary and his daughter, Maria, would be the remainder beneficiary. RENT RELIEF CONSIDERATIONS FOR COMMERCIAL LANDLORDS 6. Rent Relief Alternatives. The appropriate form of rent relief will vary based on a tenant’s particular circumstances and the landlord’s tolerances and goals, and may include any one or more of the following arrangements: rent deferral, rent abatement, temporary or permanent rent reduction, waiver of late charges and interest,continued
SALE VERSUS REDEMPTION OF LLC MEMBERSHIP INTERESTSSEE MORE ONCALAWYERS.ORG
HOW TO ANALYZE APPORTIONMENT I recommend the following analysis: Define the injury. Determine the cause (s) of the injury. Define the disability resulting from the injury. Determine the cause (s) of the permanent disability. Here is an example: A 60 year-old woman has significant osteoporosis. She WHAT DOES IT MEAN TO ‘MEET AND CONFER’ ON A DISCOVERY The meet-and-confer effort should reflect the same level of persuasive effort as the discovery motion itself. Here are some rules of thumb: The meet-and-confer discussions should have the same level of professionalism as papers filed with the court and argument occurring in the court’s presence. Even in a relatively uncomplicated case,merely
CALIFORNIA LAWYERS ASSOCIATION Excellence. The California Lawyers Association (CLA) is a member-driven, mission-focused organization dedicated to supporting the professional advancement of attorneys practicing in the State ofCalifornia.
MY COMMERCIAL TENANT WON’T PAY THEIR RENT! CAN I EVICT AB 3088 forestalls evictions of California residential tenants who have suffered financial hardships resulting from the COVID-19 Pandemic but does not forgive or cancel a tenant’s obligation to pay rent, or back rent owed. Importantly, AB 3088 does not apply to commercial tenants. On January 29, 2021, Governor Newsom also signed into law PROP 19 – BEWARE OF PROPERTY TAX REASSESSMENTS Prop 19 – Beware of Property Tax Reassessments. Proposition 19 was passed in November 2020 by California voters. This proposition was marketed to voters as a way to protect the property tax basis of a primary residence for seniors 55+, those who are severely disabled, and victims of wildfire and natural disasters, but what they didn’ttell
SPOTLIGHT ON ETHICS: RULES OF REMOTE WORK Carole Buckner is a member of the California Lawyers Association Legal Ethics Committee. As partner and general counsel for Procopio, Cory, Hargreaves & Savitch, LLP, she advises lawyers and law firms, and serves as an expert witness in matters involving legal ethics and professional responsibility. The views expressed are solely her own. 2021 JOINT LITIGATION AND APPELLATE SUMMIT Earn up to 10 Hours of MCLE, which includes 3.5 Hours of Legal Specialization in Appellate Law, 1 Hour of Elimination of Bias We kick off our Summit with programs of interest to all trial and appellate practitioners, including our ever popular review of the current SCOTUS term with U.C. Berkeley School of Law Dean Erwin Chemerinsky and former Strict Scrutiny co-host Jaime Santos; ourDUNLAP V. MAYER
Following the death of Erwin Mayer in 1995 a settlement agreement was entered into between family members and business entities. The agreement modified the terms of the Marital Trust whereby the decedent’s wife, Josephine, would be the sole income beneficiary and his daughter, Maria, would be the remainder beneficiary. RENT RELIEF CONSIDERATIONS FOR COMMERCIAL LANDLORDS 6. Rent Relief Alternatives. The appropriate form of rent relief will vary based on a tenant’s particular circumstances and the landlord’s tolerances and goals, and may include any one or more of the following arrangements: rent deferral, rent abatement, temporary or permanent rent reduction, waiver of late charges and interest,continued
SALE VERSUS REDEMPTION OF LLC MEMBERSHIP INTERESTSSEE MORE ONCALAWYERS.ORG
HOW TO ANALYZE APPORTIONMENT I recommend the following analysis: Define the injury. Determine the cause (s) of the injury. Define the disability resulting from the injury. Determine the cause (s) of the permanent disability. Here is an example: A 60 year-old woman has significant osteoporosis. She WHAT DOES IT MEAN TO ‘MEET AND CONFER’ ON A DISCOVERY The meet-and-confer effort should reflect the same level of persuasive effort as the discovery motion itself. Here are some rules of thumb: The meet-and-confer discussions should have the same level of professionalism as papers filed with the court and argument occurring in the court’s presence. Even in a relatively uncomplicated case,merely
MEET THE CLA TEAM
Meet the CLA Team. Ona Alston Dosunmu is the Chief Executive Officer of the California Lawyers Association (CLA). A recognized leader in the legal profession, Ona joined CLA with deep expertise in non-profit governance and operations. Her legal experience includes stints in PROVISIONAL LICENSURE The State Bar’s website has more details on provisional licensure. If you have any questions, please email us at info@calawyers.org.. Resources. New as of April 19th: Employing a Participant in the Provision Licensee Program – Why and How? The State Bar of California has developed several resources to explain and support the Provisional Licensure Program; click here to learn more from The FASTCASE – CALIFORNIA LAWYERS ASSOCIATION Fastcase. Fastcase is the leading next-generation legal research service that puts a comprehensive national law library and powerful searching, sorting, and data visualization tools at your fingertips, and it’s available for free to all California Lawyers Association members. For many years, the 17 sections of the California Lawyers LABOR AND EMPLOYMENT LAW The 37th Labor and Employment Law Section Annual Meeting. You're invited to the 37th Labor and Employment Law Section Annual Meeting, July 15-16. August 2021. Wed 18. August 18 @ 12:00 pm - NEWLY-PUBLISHED LABOR AND EMPLOYMENT CASES Magadia v. Wal-Mart Associates (9 th Cir. 19-16184 5/28/21) Wage and Hour/PAGA/Meal Breaks & Wage Statements Plaintiff lacked Article III standing to bring California Private Attorneys General Act claim for meal break violations because he did not suffer injury himself.CHAIR REPORT
June is LGBTQ+ Pride Month around the nation, and for the Environmental Law Section. This month, the Section has two diversity, equity, and inclusion programs we want to highlight. RECORD AND FILE RETENTION POLICY I. General. It is CLA’s policy to maintain complete, accurate and high-quality records. Records are to be maintained for the period of their immediate use, unless longer retention is required for historical reference, contractual or legal requirements or for otherpurposes.
MESSAGE FROM THE CHAIR DEBORAH MADDUX As we move into summer and an exciting return to normalcy, the Labor & Employment Executive Committee will be working closely with CLA todetermine when and
IF YOU CHARGE DEFAULT INTEREST, YOU’LL WANT TO READ THIS If You Charge Default Interest, You’ll Want To Read This! Default interest is intended to compensate a lender for the additional cost and delay resulting from a borrower’s default on the loan. Default Interest Rate provisions come in all sizes and are found in many different types mortgage loans. While these provisions are notprohibited
WHAT DOES IT MEAN TO ‘MEET AND CONFER’ ON A DISCOVERY The meet-and-confer effort should reflect the same level of persuasive effort as the discovery motion itself. Here are some rules of thumb: The meet-and-confer discussions should have the same level of professionalism as papers filed with the court and argument occurring in the court’s presence. Even in a relatively uncomplicated case,merely
CALIFORNIA LAWYERS ASSOCIATION Excellence. The California Lawyers Association (CLA) is a member-driven, mission-focused organization dedicated to supporting the professional advancement of attorneys practicing in the State ofCalifornia.
MY COMMERCIAL TENANT WON’T PAY THEIR RENT! CAN I EVICT AB 3088 forestalls evictions of California residential tenants who have suffered financial hardships resulting from the COVID-19 Pandemic but does not forgive or cancel a tenant’s obligation to pay rent, or back rent owed. Importantly, AB 3088 does not apply to commercial tenants. On January 29, 2021, Governor Newsom also signed into law PROP 19 – BEWARE OF PROPERTY TAX REASSESSMENTS Prop 19 – Beware of Property Tax Reassessments. Proposition 19 was passed in November 2020 by California voters. This proposition was marketed to voters as a way to protect the property tax basis of a primary residence for seniors 55+, those who are severely disabled, and victims of wildfire and natural disasters, but what they didn’ttell
SPOTLIGHT ON ETHICS: RULES OF REMOTE WORK Carole Buckner is a member of the California Lawyers Association Legal Ethics Committee. As partner and general counsel for Procopio, Cory, Hargreaves & Savitch, LLP, she advises lawyers and law firms, and serves as an expert witness in matters involving legal ethics and professional responsibility. The views expressed are solely her own. 2021 JOINT LITIGATION AND APPELLATE SUMMIT Earn up to 10 Hours of MCLE, which includes 3.5 Hours of Legal Specialization in Appellate Law, 1 Hour of Elimination of Bias We kick off our Summit with programs of interest to all trial and appellate practitioners, including our ever popular review of the current SCOTUS term with U.C. Berkeley School of Law Dean Erwin Chemerinsky and former Strict Scrutiny co-host Jaime Santos; ourDUNLAP V. MAYER
Following the death of Erwin Mayer in 1995 a settlement agreement was entered into between family members and business entities. The agreement modified the terms of the Marital Trust whereby the decedent’s wife, Josephine, would be the sole income beneficiary and his daughter, Maria, would be the remainder beneficiary. RENT RELIEF CONSIDERATIONS FOR COMMERCIAL LANDLORDS 6. Rent Relief Alternatives. The appropriate form of rent relief will vary based on a tenant’s particular circumstances and the landlord’s tolerances and goals, and may include any one or more of the following arrangements: rent deferral, rent abatement, temporary or permanent rent reduction, waiver of late charges and interest,continued
SALE VERSUS REDEMPTION OF LLC MEMBERSHIP INTERESTSSEE MORE ONCALAWYERS.ORG
HOW TO ANALYZE APPORTIONMENT I recommend the following analysis: Define the injury. Determine the cause (s) of the injury. Define the disability resulting from the injury. Determine the cause (s) of the permanent disability. Here is an example: A 60 year-old woman has significant osteoporosis. She WHAT DOES IT MEAN TO ‘MEET AND CONFER’ ON A DISCOVERY The meet-and-confer effort should reflect the same level of persuasive effort as the discovery motion itself. Here are some rules of thumb: The meet-and-confer discussions should have the same level of professionalism as papers filed with the court and argument occurring in the court’s presence. Even in a relatively uncomplicated case,merely
CALIFORNIA LAWYERS ASSOCIATION Excellence. The California Lawyers Association (CLA) is a member-driven, mission-focused organization dedicated to supporting the professional advancement of attorneys practicing in the State ofCalifornia.
MY COMMERCIAL TENANT WON’T PAY THEIR RENT! CAN I EVICT AB 3088 forestalls evictions of California residential tenants who have suffered financial hardships resulting from the COVID-19 Pandemic but does not forgive or cancel a tenant’s obligation to pay rent, or back rent owed. Importantly, AB 3088 does not apply to commercial tenants. On January 29, 2021, Governor Newsom also signed into law PROP 19 – BEWARE OF PROPERTY TAX REASSESSMENTS Prop 19 – Beware of Property Tax Reassessments. Proposition 19 was passed in November 2020 by California voters. This proposition was marketed to voters as a way to protect the property tax basis of a primary residence for seniors 55+, those who are severely disabled, and victims of wildfire and natural disasters, but what they didn’ttell
SPOTLIGHT ON ETHICS: RULES OF REMOTE WORK Carole Buckner is a member of the California Lawyers Association Legal Ethics Committee. As partner and general counsel for Procopio, Cory, Hargreaves & Savitch, LLP, she advises lawyers and law firms, and serves as an expert witness in matters involving legal ethics and professional responsibility. The views expressed are solely her own. 2021 JOINT LITIGATION AND APPELLATE SUMMIT Earn up to 10 Hours of MCLE, which includes 3.5 Hours of Legal Specialization in Appellate Law, 1 Hour of Elimination of Bias We kick off our Summit with programs of interest to all trial and appellate practitioners, including our ever popular review of the current SCOTUS term with U.C. Berkeley School of Law Dean Erwin Chemerinsky and former Strict Scrutiny co-host Jaime Santos; ourDUNLAP V. MAYER
Following the death of Erwin Mayer in 1995 a settlement agreement was entered into between family members and business entities. The agreement modified the terms of the Marital Trust whereby the decedent’s wife, Josephine, would be the sole income beneficiary and his daughter, Maria, would be the remainder beneficiary. RENT RELIEF CONSIDERATIONS FOR COMMERCIAL LANDLORDS 6. Rent Relief Alternatives. The appropriate form of rent relief will vary based on a tenant’s particular circumstances and the landlord’s tolerances and goals, and may include any one or more of the following arrangements: rent deferral, rent abatement, temporary or permanent rent reduction, waiver of late charges and interest,continued
SALE VERSUS REDEMPTION OF LLC MEMBERSHIP INTERESTSSEE MORE ONCALAWYERS.ORG
HOW TO ANALYZE APPORTIONMENT I recommend the following analysis: Define the injury. Determine the cause (s) of the injury. Define the disability resulting from the injury. Determine the cause (s) of the permanent disability. Here is an example: A 60 year-old woman has significant osteoporosis. She WHAT DOES IT MEAN TO ‘MEET AND CONFER’ ON A DISCOVERY The meet-and-confer effort should reflect the same level of persuasive effort as the discovery motion itself. Here are some rules of thumb: The meet-and-confer discussions should have the same level of professionalism as papers filed with the court and argument occurring in the court’s presence. Even in a relatively uncomplicated case,merely
PROVISIONAL LICENSURE The State Bar’s website has more details on provisional licensure. If you have any questions, please email us at info@calawyers.org.. Resources. New as of April 19th: Employing a Participant in the Provision Licensee Program – Why and How? The State Bar of California has developed several resources to explain and support the Provisional Licensure Program; click here to learn more from TheMEET THE CLA TEAM
Meet the CLA Team. Ona Alston Dosunmu is the Chief Executive Officer of the California Lawyers Association (CLA). A recognized leader in the legal profession, Ona joined CLA with deep expertise in non-profit governance and operations. Her legal experience includes stints in FASTCASE – CALIFORNIA LAWYERS ASSOCIATION Fastcase. Fastcase is the leading next-generation legal research service that puts a comprehensive national law library and powerful searching, sorting, and data visualization tools at your fingertips, and it’s available for free to all California Lawyers Association members. For many years, the 17 sections of the California Lawyers LABOR AND EMPLOYMENT LAW The 37th Labor and Employment Law Section Annual Meeting. You're invited to the 37th Labor and Employment Law Section Annual Meeting, July 15-16. August 2021. Wed 18. August 18 @ 12:00 pm - NEWLY-PUBLISHED LABOR AND EMPLOYMENT CASES Magadia v. Wal-Mart Associates (9 th Cir. 19-16184 5/28/21) Wage and Hour/PAGA/Meal Breaks & Wage Statements Plaintiff lacked Article III standing to bring California Private Attorneys General Act claim for meal break violations because he did not suffer injury himself.EVENTS FOR JULY 16
Filters Changing any of the form inputs will cause the list of events to refresh with the filtered results.CHAIR REPORT
June is LGBTQ+ Pride Month around the nation, and for the Environmental Law Section. This month, the Section has two diversity, equity, and inclusion programs we want to highlight. IF YOU CHARGE DEFAULT INTEREST, YOU’LL WANT TO READ THIS If You Charge Default Interest, You’ll Want To Read This! Default interest is intended to compensate a lender for the additional cost and delay resulting from a borrower’s default on the loan. Default Interest Rate provisions come in all sizes and are found in many different types mortgage loans. While these provisions are notprohibited
EVENTS FOR JULY 21
Filters Changing any of the form inputs will cause the list of events to refresh with the filtered results. MESSAGE FROM THE CHAIR DEBORAH MADDUX As we move into summer and an exciting return to normalcy, the Labor & Employment Executive Committee will be working closely with CLA todetermine when and
CALIFORNIA LAWYERS ASSOCIATION The Bar Association for All California Attorneys From MCLE to advocacy, CLA supports our members with an exceptional lineup ofservices
THE 2021 ANNUAL ESTATE AND GIFT TAX CONFERENCE Presented by the Taxation Section. Earn 5.0 Hours of MCLE, which includes Legal Specialization in Taxation Law and Estate Planning, Trusts and Probate Law. MY COMMERCIAL TENANT WON’T PAY THEIR RENT! CAN I EVICT By Kiki Manti Engel. On or about September 2020, California Governor Gavin Newsom signed into law Assembly Bill (“AB”) 3088. AB 3088 forestalls evictions of California residential tenants who have suffered financial hardships resulting from the COVID-19 Pandemic but does not forgive or cancel a tenant’s obligation to pay rent, orback rent owed.
DUNLAP V. MAYER
Cite as D077561 Filed April 23, 2021 Fourth District, Div. One. By Jaime B. Herren Holland & Knight LLP www.hklaw.com. Headnotes: Accountings – Standing to Request 2021 JOINT LITIGATION AND APPELLATE SUMMIT Earn up to 10 Hours of MCLE, which includes 3.5 Hours of Legal Specialization in Appellate Law, 1 Hour of Elimination of Bias We kick off our Summit with programs of interest to all trial and appellate practitioners, including our ever popular review of the current SCOTUS term with U.C. Berkeley School of Law Dean Erwin Chemerinsky and former Strict Scrutiny co-host Jaime Santos; our ETHICS OF CRYPTOCURRENCY: NEW RULES, NEW MONEY, NEW ISSUES By David M. Majchrzak . Note: This article originally appeared in the Solo and Small Firm Section’s Spring 2019 issue of “The Practitioner.”. In a traditional transaction, California lawyers receive U.S. dollars in exchange for providing legal services. PROP 19 – BEWARE OF PROPERTY TAX REASSESSMENTS Proposition 19 was passed in November 2020 by California voters. This proposition was marketed to voters as a way to protect the property tax basis of a primary residence for seniors 55+, those who are severely disabled, and victims of wildfire and natural disasters, but what they didn’t tell you was that it also essentially eliminated the parent/child exclusion which protected families from WHAT DOES IT MEAN TO ‘MEET AND CONFER’ ON A DISCOVERY Julie Brook, Esq., reprinted with permission from CEB. Before moving to compel discovery responses, California law requires that the parties “meet and confer.” DOES AB 749 PROHIBIT COMPROMISE AND RELEASES WITH By Tom Richard, Managing Partner, RTGR Law, LLP. AB 749 was signed into law and took effect on January 1, 2020. The law places certain restrictions on employment resignation agreements. SALE VERSUS REDEMPTION OF LLC MEMBERSHIP INTERESTSSEE MORE ONCALAWYERS.ORG
CALIFORNIA LAWYERS ASSOCIATION The Bar Association for All California Attorneys From MCLE to advocacy, CLA supports our members with an exceptional lineup ofservices
THE 2021 ANNUAL ESTATE AND GIFT TAX CONFERENCE Presented by the Taxation Section. Earn 5.0 Hours of MCLE, which includes Legal Specialization in Taxation Law and Estate Planning, Trusts and Probate Law. MY COMMERCIAL TENANT WON’T PAY THEIR RENT! CAN I EVICT By Kiki Manti Engel. On or about September 2020, California Governor Gavin Newsom signed into law Assembly Bill (“AB”) 3088. AB 3088 forestalls evictions of California residential tenants who have suffered financial hardships resulting from the COVID-19 Pandemic but does not forgive or cancel a tenant’s obligation to pay rent, orback rent owed.
DUNLAP V. MAYER
Cite as D077561 Filed April 23, 2021 Fourth District, Div. One. By Jaime B. Herren Holland & Knight LLP www.hklaw.com. Headnotes: Accountings – Standing to Request 2021 JOINT LITIGATION AND APPELLATE SUMMIT Earn up to 10 Hours of MCLE, which includes 3.5 Hours of Legal Specialization in Appellate Law, 1 Hour of Elimination of Bias We kick off our Summit with programs of interest to all trial and appellate practitioners, including our ever popular review of the current SCOTUS term with U.C. Berkeley School of Law Dean Erwin Chemerinsky and former Strict Scrutiny co-host Jaime Santos; our ETHICS OF CRYPTOCURRENCY: NEW RULES, NEW MONEY, NEW ISSUES By David M. Majchrzak . Note: This article originally appeared in the Solo and Small Firm Section’s Spring 2019 issue of “The Practitioner.”. In a traditional transaction, California lawyers receive U.S. dollars in exchange for providing legal services. PROP 19 – BEWARE OF PROPERTY TAX REASSESSMENTS Proposition 19 was passed in November 2020 by California voters. This proposition was marketed to voters as a way to protect the property tax basis of a primary residence for seniors 55+, those who are severely disabled, and victims of wildfire and natural disasters, but what they didn’t tell you was that it also essentially eliminated the parent/child exclusion which protected families from WHAT DOES IT MEAN TO ‘MEET AND CONFER’ ON A DISCOVERY Julie Brook, Esq., reprinted with permission from CEB. Before moving to compel discovery responses, California law requires that the parties “meet and confer.” DOES AB 749 PROHIBIT COMPROMISE AND RELEASES WITH By Tom Richard, Managing Partner, RTGR Law, LLP. AB 749 was signed into law and took effect on January 1, 2020. The law places certain restrictions on employment resignation agreements. SALE VERSUS REDEMPTION OF LLC MEMBERSHIP INTERESTSSEE MORE ONCALAWYERS.ORG
PROVISIONAL LICENSURE The State Bar’s website has more details on provisional licensure. If you have any questions, please email us at info@calawyers.org.. Resources. New as of April 19th: Employing a Participant in the Provision Licensee Program – Why and How? The State Bar of California has developed several resources to explain and support the Provisional Licensure Program; click here to learn more from The FASTCASE – CALIFORNIA LAWYERS ASSOCIATION Fastcase is the leading next-generation legal research service that puts a comprehensive national law library and powerful searching, sorting, and data visualization tools at your fingertips, and it’s available for free to all California Lawyers Association members. LABOR AND EMPLOYMENT LAW California Public Employment Relations Board (PERB) Members Ari Krantz and Erich Shiners discuss important points for labor and management attorneys to know from recent PERB decisions.EVENTS FOR JULY 16
Filters Changing any of the form inputs will cause the list of events to refresh with the filtered results. RECORD AND FILE RETENTION POLICY I. General. It is CLA’s policy to maintain complete, accurate and high-quality records. Records are to be maintained for the period of their immediate use, unless longer retention is required for historical reference, contractual or legal requirements or for otherpurposes.
RENT RELIEF CONSIDERATIONS FOR COMMERCIAL LANDLORDS This article has been reposted with permission from the author. The original article can be found HERE.. As more and more commercial tenants stop paying rent under their leases due to the impacts of COVID-19, much has been written in recent weeks about possible defenses to performance such as force majeure, frustration of purpose,and impossibility.
MESSAGE FROM THE CHAIR DEBORAH MADDUX As we move into summer and an exciting return to normalcy, the Labor & Employment Executive Committee will be working closely with CLA todetermine when and
2021 NOMINATIONS COMMITTEE APPLICATION Deadline: C.O.B. Friday, March 5, 2021. CLA is accepting applications to serve as an “At-Large” member of the Nominations Committee.This is an
WHAT IS “PERSONAL INFORMATION” UNDER CCPA? Footnotes Under Cal. Civ. Code § 1798.140(o)(1) “Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.’ There is pre-existing California Law that aligns with this definition. In particular, Cal Civ. § 1798.80 (e) defines IF YOU CHARGE DEFAULT INTEREST, YOU’LL WANT TO READ THIS by Taylor E. Hubbard, Esq. and T. Robert Finlay. Default interest is intended to compensate a lender for the additional cost and delay resulting from a borrower’s default on the loan. Default Interest Rate provisions come in all sizes and are found in many different types mortgage loans. CALIFORNIA LAWYERS ASSOCIATION Excellence. The California Lawyers Association (CLA) is a member-driven, mission-focused organization dedicated to supporting the professional advancement of attorneys practicing in the State ofCalifornia.
THE 2021 ANNUAL ESTATE AND GIFT TAX CONFERENCE Panel 2: Estate Planning for 2021. 11:30 AM – 12:30 PM. As the speaker says this can be summarized by paraphrasing Michael Corleone in The Godfather III – when 2020 ended, and you think that you’re finished with estate plans designed to maximize the use of your clients’ exclusion amount, here’s 2021 and it’s “pulling youback in.”.
MY COMMERCIAL TENANT WON’T PAY THEIR RENT! CAN I EVICT AB 3088 forestalls evictions of California residential tenants who have suffered financial hardships resulting from the COVID-19 Pandemic but does not forgive or cancel a tenant’s obligation to pay rent, or back rent owed. Importantly, AB 3088 does not apply to commercial tenants. On January 29, 2021, Governor Newsom also signed into law 2021 JOINT LITIGATION AND APPELLATE SUMMIT Earn up to 10 Hours of MCLE, which includes 3.5 Hours of Legal Specialization in Appellate Law, 1 Hour of Elimination of Bias We kick off our Summit with programs of interest to all trial and appellate practitioners, including our ever popular review of the current SCOTUS term with U.C. Berkeley School of Law Dean Erwin Chemerinsky and former Strict Scrutiny co-host Jaime Santos; our PROP 19 – BEWARE OF PROPERTY TAX REASSESSMENTS Prop 19 – Beware of Property Tax Reassessments. Proposition 19 was passed in November 2020 by California voters. This proposition was marketed to voters as a way to protect the property tax basis of a primary residence for seniors 55+, those who are severely disabled, and victims of wildfire and natural disasters, but what they didn’ttell
DUNLAP V. MAYER
Following the death of Erwin Mayer in 1995 a settlement agreement was entered into between family members and business entities. The agreement modified the terms of the Marital Trust whereby the decedent’s wife, Josephine, would be the sole income beneficiary and his daughter, Maria, would be the remainder beneficiary. DOES AB 749 PROHIBIT COMPROMISE AND RELEASES WITH AB 749 was signed into law and took effect on January 1, 2020. The law places certain restrictions on employment resignation agreements. Some employers are asking if the law prohibits asking for a resignation and agreement not to re-apply as a condition of entering into a C&R Agreement. It is important to note that the new Code of Civil WHAT DOES IT MEAN TO ‘MEET AND CONFER’ ON A DISCOVERY The meet-and-confer effort should reflect the same level of persuasive effort as the discovery motion itself. Here are some rules of thumb: The meet-and-confer discussions should have the same level of professionalism as papers filed with the court and argument occurring in the court’s presence. Even in a relatively uncomplicated case,merely
SALE VERSUS REDEMPTION OF LLC MEMBERSHIP INTERESTSSEE MORE ONCALAWYERS.ORG
ETHICS OF CRYPTOCURRENCY: NEW RULES, NEW MONEY, NEW ISSUES Less than 18 months ago, Nebraska issued Ethics Advisory Opinion for Lawyers No. 17-03, the first published analysis of the circumstances, if any, under which lawyers may receive digital currencies as payment for legal services. While concluding it was permissible to receive cryptocurrency, Nebraska’s Lawyers Advisory Committee concluded that CALIFORNIA LAWYERS ASSOCIATION Excellence. The California Lawyers Association (CLA) is a member-driven, mission-focused organization dedicated to supporting the professional advancement of attorneys practicing in the State ofCalifornia.
THE 2021 ANNUAL ESTATE AND GIFT TAX CONFERENCE Panel 2: Estate Planning for 2021. 11:30 AM – 12:30 PM. As the speaker says this can be summarized by paraphrasing Michael Corleone in The Godfather III – when 2020 ended, and you think that you’re finished with estate plans designed to maximize the use of your clients’ exclusion amount, here’s 2021 and it’s “pulling youback in.”.
MY COMMERCIAL TENANT WON’T PAY THEIR RENT! CAN I EVICT AB 3088 forestalls evictions of California residential tenants who have suffered financial hardships resulting from the COVID-19 Pandemic but does not forgive or cancel a tenant’s obligation to pay rent, or back rent owed. Importantly, AB 3088 does not apply to commercial tenants. On January 29, 2021, Governor Newsom also signed into law 2021 JOINT LITIGATION AND APPELLATE SUMMIT Earn up to 10 Hours of MCLE, which includes 3.5 Hours of Legal Specialization in Appellate Law, 1 Hour of Elimination of Bias We kick off our Summit with programs of interest to all trial and appellate practitioners, including our ever popular review of the current SCOTUS term with U.C. Berkeley School of Law Dean Erwin Chemerinsky and former Strict Scrutiny co-host Jaime Santos; our PROP 19 – BEWARE OF PROPERTY TAX REASSESSMENTS Prop 19 – Beware of Property Tax Reassessments. Proposition 19 was passed in November 2020 by California voters. This proposition was marketed to voters as a way to protect the property tax basis of a primary residence for seniors 55+, those who are severely disabled, and victims of wildfire and natural disasters, but what they didn’ttell
DUNLAP V. MAYER
Following the death of Erwin Mayer in 1995 a settlement agreement was entered into between family members and business entities. The agreement modified the terms of the Marital Trust whereby the decedent’s wife, Josephine, would be the sole income beneficiary and his daughter, Maria, would be the remainder beneficiary. DOES AB 749 PROHIBIT COMPROMISE AND RELEASES WITH AB 749 was signed into law and took effect on January 1, 2020. The law places certain restrictions on employment resignation agreements. Some employers are asking if the law prohibits asking for a resignation and agreement not to re-apply as a condition of entering into a C&R Agreement. It is important to note that the new Code of Civil WHAT DOES IT MEAN TO ‘MEET AND CONFER’ ON A DISCOVERY The meet-and-confer effort should reflect the same level of persuasive effort as the discovery motion itself. Here are some rules of thumb: The meet-and-confer discussions should have the same level of professionalism as papers filed with the court and argument occurring in the court’s presence. Even in a relatively uncomplicated case,merely
SALE VERSUS REDEMPTION OF LLC MEMBERSHIP INTERESTSSEE MORE ONCALAWYERS.ORG
ETHICS OF CRYPTOCURRENCY: NEW RULES, NEW MONEY, NEW ISSUES Less than 18 months ago, Nebraska issued Ethics Advisory Opinion for Lawyers No. 17-03, the first published analysis of the circumstances, if any, under which lawyers may receive digital currencies as payment for legal services. While concluding it was permissible to receive cryptocurrency, Nebraska’s Lawyers Advisory Committee concluded that PROVISIONAL LICENSURE The State Bar’s website has more details on provisional licensure. If you have any questions, please email us at info@calawyers.org.. Resources. New as of April 19th: Employing a Participant in the Provision Licensee Program – Why and How? The State Bar of California has developed several resources to explain and support the Provisional Licensure Program; click here to learn more from The LABOR AND EMPLOYMENT LAW The 37th Labor and Employment Law Section Annual Meeting. You're invited to the 37th Labor and Employment Law Section Annual Meeting, July 15-16. August 2021. Wed 18. August 18 @ 12:00 pm - FASTCASE – CALIFORNIA LAWYERS ASSOCIATION Fastcase. Fastcase is the leading next-generation legal research service that puts a comprehensive national law library and powerful searching, sorting, and data visualization tools at your fingertips, and it’s available for free to all California Lawyers Association members. For many years, the 17 sections of the California Lawyers RENT RELIEF CONSIDERATIONS FOR COMMERCIAL LANDLORDS 6. Rent Relief Alternatives. The appropriate form of rent relief will vary based on a tenant’s particular circumstances and the landlord’s tolerances and goals, and may include any one or more of the following arrangements: rent deferral, rent abatement, temporary or permanent rent reduction, waiver of late charges and interest,continued
2021 NOMINATIONS COMMITTEE APPLICATION Deadline: C.O.B. Friday, March 5, 2021. CLA is accepting applications to serve as an “At-Large” member of the Nominations Committee. This is an important role that will influence the future of our Association. The role of the Nominations Committee will be to procure and vet nominations for CLA President and Vice President. RECORD AND FILE RETENTION POLICY I. General. It is CLA’s policy to maintain complete, accurate and high-quality records. Records are to be maintained for the period of their immediate use, unless longer retention is required for historical reference, contractual or legal requirements or for otherpurposes.
MESSAGE FROM THE CHAIR DEBORAH MADDUX As we move into summer and an exciting return to normalcy, the Labor & Employment Executive Committee will be working closely with CLA todetermine when and
WHAT IS “PERSONAL INFORMATION” UNDER CCPA? Footnotes Under Cal. Civ. Code § 1798.140(o)(1) “Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.’ There is pre-existing California Law that aligns with this definition. In particular, Cal Civ. § 1798.80 (e) defines IF YOU CHARGE DEFAULT INTEREST, YOU’LL WANT TO READ THIS If You Charge Default Interest, You’ll Want To Read This! Default interest is intended to compensate a lender for the additional cost and delay resulting from a borrower’s default on the loan. Default Interest Rate provisions come in all sizes and are found in many different types mortgage loans. While these provisions are notprohibited
HOW TO ANALYZE APPORTIONMENT I recommend the following analysis: Define the injury. Determine the cause (s) of the injury. Define the disability resulting from the injury. Determine the cause (s) of the permanent disability. Here is an example: A 60 year-old woman has significant osteoporosis. SheTrigger menu
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