Can You Sue Your Business Partner?
A California business litigation attorney knows that suing your business partner is not something that anyone wants to have to do. When you file a lawsuit against a business partner, you are making a disagreement you are having even more adversarial. You and your partner are both likely to spend a lot of money, and […]READ MORE
CA Executive Order N-80-20
California Executive Order N-80-20 signed by Governor Newsom on September 23, 2020, is summarized as follows: California proclaimed a State of Emergency as a result of COVID-19 on March 4, 2020. The COVID-19 pandemic, social distancing and other public health measures continue to affect individuals, business, and governmental agencies. Many businesses have suffered financial hardship […]READ MORE
Settlement Offers Under Code of Civil Procedure section 998
A settlement offer made under CCP 998 imposes certain consequences/penalties in the event the offer is rejected and a “more favorable judgment or award” is not obtained at trial, as follows: Mandatory: A plaintiff loses the right to recover court costs incurred after the offer was made and, in addition, must pay the defendant’s postoffer court costs. The plaintiff may […]READ MORE
Employer Labor Commission Proceedings
Labor Commission proceedings are set up as streamlined, less formal proceedings, to allow employees the opportunity to pursue claims against their employers with minimal cost. An employee or employer is not required to be represented by counsel, and often times is not. While Labor Commission proceedings are generally considered more “employee friendly” than civil actions, […]READ MORE
LABOR COMMISSION PROCEEDINGS
Labor Commission proceedings are set up as streamlined, less formal proceedings, to allow employees the opportunity to pursue claims against their employers with minimal cost. An employee is not required to be represented by counsel, and often times is not. Here are the general steps required to obtain a resolution using the Labor Commission proceedings: […]READ MORE
DEATH OF A PARTY
The Person You Were Suing Suddenly Dies, Now What? The answer lies within the statutory language found in California Code of Civil Procedure and the California Probate Code. See Code of Civil Procedure Sections 337.40 through 377.42; and Probate Code Sections 550 through 554. When a party to a lawsuit dies, the opposing party must take […]READ MORE
Insurance Claims… Do you have one?
Representing You in Insurance Claims Brown and Charbonneau, LLP lawyers successfully represent both policyholders and insurance companies with insurance coverage claims. The types of insurance claims we can help with include: Auto Insurance Commercial Insurance Errors & Omissions (E&O) Insurance Life Insurance Disability Insurance Business Insurance Professional Liability Insurance Officer & Director Insurance Employment Practices […]READ MORE
PERSONAL GUARANTEE LIABILITY
Most shareholders or LLC members do not have personal liability for their business debts. As a consequence, banks and suppliers often do not extend credit to smaller businesses without a personal guarantee. What is a Personal Guarantee? A personal guarantee is a promise that an individual will pay off a loan, lease, or contract if […]READ MORE
I KEEP HEARING ABOUT CMC – WHAT IS IT?
I Keep Hearing About a CMC – What is it? A Case Management Conference (“CMC”) is a relatively short hearing where all parties meet with the judge to establish the logistical plan for the case. At the CMC, the judge may establish a schedule that lists the dates of hearings, the trial, and any required […]READ MORE
HOW TO END YOUR BUSINESS?
Closing a corporation is commonly known as “dissolution.” Just as a company files Articles of Incorporation when starting a business, so too must Articles of Dissolution be filed when closing a business. Ending a business is no quick and easy matter. Dissolution requires strict adherence. Typically, there are six steps required to dissolve a business […]READ MORE