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1011 Camino Del Rio S, Suite 531
San Diego, CA, 92108
United States

(619) 236-8655

Representation in business, real estate, construction, home care, trust and probate litigation and general civil litigation.

Blog

Evidence for a Restraining Order against a Former Employee

Ron Stormoen

Oftentimes when people hear the words “restraining order,” they immediately think about a situation involving domestic violence. In reality, restraining orders are a tool that can be, and should be, used by individuals as well as businesses. California’s Code of Civil Procedure section 527.8 addresses this exact issue.

“(a) Any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.” (Code of Civil Procedure section 527.8(a).)

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Release of Liability: A Balancing of Tort and Contract Law

Ron Stormoen

People are frequently offered opportunities to participate in the latest trend, whether crossfit gyms, hot yoga studios, water powered jet packs, sensory deprivation tanks, and even speed dating. Along with the offer, however, is the usual requirement that they assume the risk of the activity and release the company from liability. The release is a contractual attempt to negate a party’s tort liability.

This article will define and describe the general release used in many of the recreational activities described above and explain and explore ways to avoid the release and assist you, in properly evaluating such agreements and the personal injury claims which implicate a release of liability.

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Navigating California's Travel Time Laws

Ron Stormoen

We are frequently contacted by employers with questions regarding various employment issues.  The following are some questions we have received regarding travel time, together with some responses. Realize that many employment issues are fact specific.  The following questions and answers are not intended to be comprehensive but to give the reader some ways to think about the issues and some citations for further research.  We strongly recommend that you consult with legal counsel about your specific situation. 

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Liquidated Damages in a Typical California Residential Real Estate Contract

Ron Stormoen

THE SCENE:  Suppose a Buyer and Seller agree on a purchase price for Seller’s home (for this hypothetical assume $850,000.00), they sign the customary California of Association of Realtors (“CAR”) form Residential Purchase Agreement and Joint Escrow Instructions (“Agreement”) and open escrow.  Buyer deposits $25,000.00 into escrow.  Buyer’s lender approves Buyer for a purchase money loan.  The typical written disclosures are made by Seller.  This is Buyer’s first home purchase, or at least he is not sophisticated in real estate purchases. 

After loan approval and after the disclosures, Buyer removes all contingencies.  Seller incurs thousands of dollars in obtaining termite clearance and in removing Seller’s junk from her yard, in contemplation of the sale.  Thereafter, however, Buyer’s lender does an about face and disapproves the loan.  Buyer also discovers several conditions regarding the house that Buyer believes were misrepresented (e.g., an open insurance claim, fire damage, mold, water damage and unpermitted work). 

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Protecting Employers’ Current Employees and Client Lists

Ron Stormoen

In today’s world of business, there is an astonishing trend when it comes to long term relationships between employers and employees. According to the Bureau of Labor Statistics, “of jobs that workers began when they were 18 to 24 years of age, 69 percent of those jobs ended in less than a year and 93 percent ended in fewer than 5 years. Among jobs started by 40 to 48 year olds, 32 percent ended in less than a year and 69 percent ended in fewer than 5 years.” The reality of the situation is sometime in the near future, one of your employees will be leaving your company in favor of another company. As an employer, there are critical steps you must take in order to protect your interests.

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