Today, more and more people are delaying marriage for a variety of reasons, whether it be to become more established in their careers, pursue other interests, or that they simply do not want to get married. While many people believe they do not need to have an estate plan because they are not married or do not have children, this
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Divorce Mediation: An Alternative to Litigation in Dissolution of Marriage Cases
Advantages of Mediation
Divorce or legal separation can be one of the most difficult and traumatic life experiences. This is particularly true when divorce is an adversarial, court driven process. Mediation—a valuable alternative to litigation—is non adversarial. It is client driven, private, confidential, and less expensive than other forms of resolution. Instead of the court making major life…
What To Do When You Have a Deceased Adversary?
California litigation can take years to resolve, even with case management rules which can put the parties on a quick timeline towards trial. If your adversary dies before the case resolves, what do you do? That depends. If your dispute is particularly acrimonious, you might be tempted to celebrate. That’s fine, but don’t let it get in the way of…
Winning Punitive Damages When Defendant Defaults
Lawsuits in real estate transfers can include breach of contract allegations, and also fraud allegations if the seller failed to properly disclose defects in the purchased residence.
The residential purchase agreement includes a separate form called Transfer Disclosure Statement (“TDS”). This form is required to disclose any known defects in a residential property containing up to four dwelling units. Civil…
California Employment Law Update 2023 – Watch the Recording!
Did you miss Schneiders & Associates Annual Employment Law Update, 2023? You can watch the recording and learn about new employment law changes in 2023, including wage and hour updates. Partner Roy Schneider and Attorney Christopher Correa discuss in detail, the changes the new year will bring and help you prepare for the road ahead!
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5 New Laws in the Golden State
Governor Gavin Newsom signed several new laws that will take effect at the start of 2023. Here are 5 new laws to be aware of as we ring in the new year!
Minimum Wage Increase
California’s minimum wage will increase to $15.50. The new state salary threshold will increase to $64,480. Fast food minimum wage will increase to $22 per…
Attorneys Who Care Too Much Won’t Get Their Fees
The prevailing party in a lawsuit can recover their attorney’s fees from their opponent if there is a statute or contract providing this recovery. However, courts are allowed to reduce the amount of fees awarded if it appears that the attorney over-litigated the case.
It’s not unusual to receive a motion for award of attorney’s fees where, on close examination…
Corporation Shareholder Rights to Inspect and Participate
The California Corporations Code, as well as common law not found in the statutes, provide for shareholder inspection and participation rights in a corporation.
California Corporations Code section 1601(a)(1) provides that any shareholder is entitled to inspect and copy the following, at any reasonable time during usual business hours for a purpose reasonably related to such holder’s interest as a…
What Happens to Your Debt After You Die?
You have just lost a loved one. Then, you get a phone call from one of their creditors. This will very likely and very understandably catch you off guard. Why would a creditor of a deceased family member be contacting you regarding payment of an outstanding debt? Do you really have to pay? Understanding what happens to debt after someone…
Fiduciary Responsibilities and Your Business
As the owner of a corporation, you have certain responsibilities to other parties that must be fulfilled. Although being a sole proprietor gives you more leeway, a sole proprietorship lacks any liability protection for its owner. Business owners who use corporations or LLC’s for their business structure must be familiar with fiduciary responsibilities. These obligations extend to corporate officers and…