If you are in Southern California, Business Attorney Mark Mellor can help answer your questions on what type of corporation you should form, how to get started, and much more. Watch the video below for more information on whether you should choose an S-Corp, C-Corp, or LLC.
Carry On [Probation], Nurse.
Registered Nurse with a blood alcohol of .16 lost control of a car on the freeway, was convicted of a misdemeanor and placed on three years probation. The Board of Registered Nursing revoked the R.N.’s license to practice nursing, but stayed revocation subject to three years probation. The R.N. convinced the superior court the Board […]
Under Oath And The First Amendment.
A city employee was subpoenaed for her deposition in a civil rights case filed by a former employee. The deponent testified the assistant police chief was critical of the former employee. The deponent was fired and she sued alleging retaliation in violation of her First Amendment rights. The trial court denied the assistant police chief’s […]
No Arbitration For Skilled Nursing Facility In Elder Abuse Case.
A patient sued a skilled nursing facility for elder abuse based on alleged negligent care. Her daughter sued the same defendants in the same complaint for negligent infliction of emotional distress based on what she allegedly observed her mother go through. The mother had signed an arbitration agreement, and defendants moved to compel arbitration. The […]
Judgment On The Pleadings Against Manufacturer Reversed.
A few months ago, the California Supreme Court limited the liability of manufacturers resulting from asbestos manufactured by third parties in O’Neil v. Crane Co. (2012) 53 Cal.4th 335, [266 P.3d 987; 135 Cal.Rptr.3d 288]. In this case, the Court of Appeal found the exception articulated in O’Neil comes into play, stating the machine here […]
If You Want To Work Here, Sign This.
Carpet installers were told to sign a form contract when they were hired and again during their employment. The contract included an arbitration provision among its 37 paragraphs, a six-month statute of limitations and a unilateral attorney fee provision which worked to the detriment to the employees. The forms were in English and the employees […]
Abuse Of Discretion To Deny Plaintiffs Leave To Amend.
In another asbestos case against the same manufacturer, defendant contended the Court of Appeal could not consider the proposed amendments to the complaint because the pleading was not timely presented below. The appellate court did not buy the argument, stating the proposed pleading states causes of action for strict liability and negligence and that “a […]
Lease Doesn’t Last Forever.
Commercial lease term stated: “Provided that Tenant shall not then be in default hereunder, Tenant shall have the option to extend the Term of this Lease for 5 (FIVE) YEARS additional FIVE year periods upon the same terms and conditions herein contained . . . .” The trial court concluded the lease grants the tenant […]
There’s A New Tort In Town.
It’s called intentional interference with expected inheritance [IIEI]. Two adult males were in a long-term committed relationship when one was hospitalized and awaiting surgery. He asked his partner to prepare a will dividing his estate equally between his estranged sister and the partner. The partner prepared the will and sent a copy of it to […]
Don’t Delay Discovery.
Two patients were involuntarily held in a county mental institution. The female patient alleges the male patient sexually assaulted her. An investigation revealed the locking mechanism on her door was faulty, enabling the door to simply be pulled open. Plaintiff wanted to reopen discovery after defendants produced evidence the doctors and nurses had no knowledge […]