Fiduciary Duty in Real Estate Transactions

When you employ a real estate broker or salesperson as your agent, you are the principal. The relationship of agent and principal is fiduciary in nature, founded on trust or confidence reposed by one person in the integrity and fidelity of another. Included in the fundamental duties of such a fiduciary are good faith and […]

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Predatory Lending

There is no simple checklist for determining whether a particular loan or loan program is predatory. Loan terms that are helpful to one borrower may be harmful to others. For example, it is important to distinguish subprime lending from predatory lending. Subprime lending includes loans to persons who present heightened credit risk because they have […]

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To Terminate or Not to Terminate

  California Labor Code §1400 affords us the following definitions: under Sec. (c) layoff means a “separation from a position for lack of funds or lack of work.” This means that there is no fault on the part of the employee for a layoff and the employee may be eligible for unemployment and other benefits. […]

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Rescission, Reformation, Replevin

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How Often Can Rent Be Raised?

How often can rent be raised? if you have a lease for more than 30 days, your rent cannot be increased during the term of the lease, unless the lease allows rent increases. If you have a periodic rental agreement, your landlord can increase your rent, but the landlord must give you proper advance notice […]

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Unlawful Discrimination

A landlord cannot refuse to rent to a tenant, or engage in any discrimination on the basis of group characteristics specified by law that are not closely related to the landlord’s business needs: race, color, religion, sex (including pregnancy, childbirth or medical conditions related to them, as well as gender and perception of gender), sexual […]

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Non-Compete Clauses

A Non-compete clause limits the employment of the employee after termination for a specific amount of time in a given area and field of expertise. Its purpose is typically to: (1) protect trade secrets, and (2) limit employees who possess the knowledge and skills in the given area. (1) Trade secrets are limited by a […]

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King v. Burwell

The U.S. Supreme Court has ruled 6-3 that the Affordable Care Act allows subsidies for low-income people who purchase health insurance through federal exchanges. The majority opinionby Chief Justice John G. Roberts is a big win for the Obama administration and the viability of its health-care law. At issue was a provision of the law […]

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Bill Defending Workers’ Rights

The California Assembly approved a bill Thursday backed by the Consumer Attorneys of California that would protect the legal rights of California workers who face the prospect of being forced to sign arbitration agreements as a part of employment. AB 465, authored by Assemblyman Roger Hernandez (D-West Covina), will ensure that important employment rights and […]

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Sports Injury Work Comp

In Dennis McKinley v. Arizona Cardinals, California’s Workers’ Compensation Appeals Board declined to exercise the state’s jurisdiction over the case, in effect upholding the terms of the athlete’s original contract with the team. The contract states: “… Claims for workers’ compensation shall be filed with the Industrial Commission of Arizona, and the parties agree that […]

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Steroids

My Advice to Potential Users: If you don’t have what it takes, forget about it – no drug can give you willpower, determination and hard discipline! That being said, in my law practice as well as in my days as an Olympic athlete, I have encountered the abuse of steroids on every level, sometimes justifiable […]

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Professional Sports

Professional sports are a textbook example of a bilateral cartel made up of club owners and unionized players engaged in intrastate and interstate commerce. The club owners exercise monopoly power in the product market and monopsony power in the input market, whereas, the players try to countervail that monopsony power. In economics, a monopsony is […]

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Shoulder Injury

Each year, millions of people see orthopedists with some kind of shoulder injury. Out of these, more than 60 percent are rotator cuff problems. The remaining forty percent are predominantly upper arm sprains and strains. Shoulder injuries are frequently caused by activities that involve excessive, repetitive, overhead motion, such as swimming, tennis, pitching, and weightlifting. […]

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Medial Epicondylitis (Golfer’s Elbow)

Summary of Condition Medial epicondylitis is also called “little league” elbow.   Medial epicondylitis illustrates a snapping motion of the elbow in pronation or a motion such as throwing breaking balls in baseball causing stress on the medial side of the elbow.  This results in an injuring of the radioulnar pronator cuff muscle inserting on the […]

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