California Labor Code section 351 provides that any gratuity belongs to the employee and an employer must pay out any tips paid by credit card no...

An oral agreement is an enforceable contract. If your co-worker can prove that she lent you the money and you haven't paid her back, you could be...

What do I do for an ex parte when my attorney is unavailable for health issues and a sole practitioner?

As a represented party, you cannot file papers or make an appearance on your own. Your best course of action is likely to wait until your attorney...

Does my landlord have to provide a notice of entry in response to maintenance repair request?

Pursuant to California Civil Code section 1954, unless the a landlord and tenant orally agree that the landlord may enter at an approximate time on...

What federal appellate court is binding on a federal district court?

Assuming that there is no authority on point from the United States Supreme Court or the Ninth Circuti itself, a ruling from the United States...

What happens after?

There is no such thing as debtor's prison any more; you won't go to jail. A successful plaintiff can, however, put a lien on your bank account or...

Can you reject a request from opposing counsel to resubmit a pdf as a word perfect document?

My first thought is whether service by e-mail is even authorized here. In general, it is not. If it is not authorized here, then the opposing...

The Bible in court?

Both the United States and California Constitutions require the separation of church and state. The Bible is neither controlling nor persuasive...

What are the steps for a plaintiff after a defendants anti-slaap motion appeal is granted?

The plaintiff can file a petition for review in the California Supreme Court within ten days after the Court of Appeal's decision is final, but...

If i already given a tenant 30 day notice and it's two weeks into the 30-day notice and I file a restraining order are they out

Your petition for a restraining order is separate from the termination of the tenancy. If your tenant is not out of the rental unit at the end of...