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
Determining car accident injury compensation
When an individual is injured in a motor vehicle accident, there are several different components that go into determining what type of compensation the injured victim is entitled to. The most common types of recovery that an individual is entitled to for injuries resulting from a car accident are as follows: 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
Do I have a Wrongful Termination Lawsuit?
It is not uncommon for my office to receive a telephone call from an individual that was recently terminated asking if they have a wrongful termination lawsuit. The former employee, angry at being terminated, wishes to file a lawsuit as a means to get back at his or her employer for simply being fired. One of the first questions I ask is, “Why do you believe you were fired?” Continue reading
