Archived
Commercial Tenant refuses to assume/pay damages incurred by its subtenant. Material breach of standard CA commercial lease?
Neil's answer
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Answered on October 10, 2012
The answer to your questions will be found, for the most part, in the written lease. You refer to a standard CA commercial lease. No such thing. ...
Archived
Can the Superior Court recall a case that has been submitted for appeal?
Neil's answer
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Answered on October 10, 2012
The filing of a notice of appeal divests the superior court of jurisdiction over the matter until the appellate court issues a remittitur. If a...
Archived
Notary Question
Neil's answer
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Answered on October 10, 2012
At best it is a suspicion that you do not know is the fact or not. If this involves an ongoing litigation, subpoena the document so you have some...
Archived
Is it equal pay discrimination if I am training new guys to do my kind of work and they are making more than me.
Neil's answer
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Answered on October 10, 2012
Ms. Spencer has provided a very accurate and also insightful response. To amplify one of the things she said, I would point out that I agree with...
Archived
Labor laws
Neil's answer
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Answered on October 10, 2012
I would just add to Ms. Spencer's very comprehensive response that you need to act very quickly. The law will only allow you to reach back a...
Can I file an overtime claim with the labor commissioner and also file a claim in superior court at the same time?
Neil's answer
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Answered on October 10, 2012
You have received some good responses. I wanted to add a couple of thoughts.
Generally, unless the employer appeals the DLSE decision, the...
Archived
Should not wanting to sign of on the Civil Code 1542 waiver section of my Work Comp settlement C&R agreement nix the deal?
Neil's answer
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Answered on October 10, 2012
It is a violation of FEHA for an employer, or an agent of the employer, to retaliate in any way for asserting your rights under FEHA. I have made...
I signed an independent contractor agreement with World Financial Group on 10/5/2012. How can I cancel?
Neil's answer
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Answered on October 10, 2012
In the world of contracts there is one basic rule: you can decide to breach the contract at any time as long as you are willing to face the...
Archived
Malicious prosecution as an affirmative defense?
Neil's answer
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Answered on October 10, 2012
Let me expand on Mr. Daymude's insightful response. :)
As you have apparently learned, one of the elements of a malicious prosecution claim is...
Archived
I WAS TERMINATED FROM MY EMPLOYER, DUE TO CHRONIC ALLERGIES, AND TENDITIST IN THE ANKLE. I HAVE DOCTORS LETTERS. OTHER POSITIONS
Neil's answer
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Answered on October 10, 2012
Based on what you have said it is possible you have a claim for disability discrimination. However there is much more that would need to be...
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