I Have a Judgment. Now What?

As anyone can tell you that has been through a lawsuit, it is a long, challenging and arduous experience.  Starting from the filing of the complaint, serving the defendant(s) with the complaint, conducting written discovery and depositions to the trial, there are many obstacles in the way of obtaining a judgment against a defendant.  Assuming, for purposes of this article, that you have overcome the legal hurdles necessary to obtain a judgment; congratulations, you now have another fight on your hands. Continue reading

What is a Class-Action Lawsuit?

A class action lawsuit allows a civil lawsuit to be brought by numerous plaintiffs, either individuals or business entities, against one or more defendants.  The purpose of a class action lawsuit is to make the resolution of similar claims by multiple plaintiffs against defendants more efficient for both the courts and the parties. Continue reading

How does uninsured/underinsured coverage work?

While it is illegal to drive in California without liability insurance coverage, unfortunately, due to the number of California drivers, there are many individuals who drive without insurance.  In order to protect yourself from losing compensation for injuries suffered in a car accident with an uninsured driver, you can obtain uninsured/underinsured motorist coverage. Continue reading

California Statute of Limitations

The statute of limitations sets forth the time limit an individual or company has to file a lawsuit from the date of wrongdoing.  The length of time a party has to file a lawsuit from the date of wrongdoing depends on the nature of the lawsuit, e.g. personal injury, breach of contract, etc.   Below are the current California statute of limitations for the most common types of lawsuits. Continue reading

Exempt v. Non-Exempt Employee in California

When you are hired by an employer as a regular employee, depending on your job duties you will be classified as either an exempt employee or non-exempt employee.  The primary difference between an exempt employee and a non-exempt employee is that an exempt employee is not paid overtime nor is the employer required to give the employee rest periods and scheduled lunch periods. Continue reading

Loss of Earnings due to Wrongful Termination

In order to bring a lawsuit for wrongful termination, the terminated employee must show that s/he was terminated due to an illegal reason.  In California, examples of illegal reasons to be terminated include, being fired due to one’s race, religion, gender, sexual orientation and/or disability.  If a fired employee is able to establish that s/he was terminated for one of these reasons, then the fired employee would be entitled to certain damages. Continue reading

Wrongful Termination, Harassment and Discrimination Statutes of Limitations

Anytime a legal wrong has been committed against a person, the aggrieved party has only a certain amount of time to file a lawsuit against the individual, company, etc. that committed the legal wrong.  The time that one has to file a lawsuit is referred to as the statute of limitations.  The length of time that you have to file varies depending on the nature of the lawsuit.  For example, in California, an individual has two years from the date of injury to file a lawsuit. Continue reading

What Constitutes Fraud in California?

It is common in lawsuit for breach of contract, the non-breaching party also brings a claim for fraud. Fraud is a very general legal term.  More importantly, there are several different types of fraud that can be committed.  One type of fraud, which is typically the most common, is intentional fraud or deceit. Continue reading

Ratings and Reviews

9.1Stephen Morton Rinka
Stephen Morton RinkaReviewsout of 1 review