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Your Legal Corner - Client Alert Blog - Archives for July 2011

Out Of State Employees Stationed in CA, even for a day or week, are Entitled to CA Overtime Pay

Written By: Melissa C. Marsh, Esq., California Business Attorney, July 2011

On June 30, 2011, the California Supreme Court unanimously held in Sullivan v. Oracle (S170577) that: (1) California's overtime laws do in fact apply to nonresident employees who work in California, even temporarily; (2) that failure to pay overtime wages to nonresidents employed in California can form a basis of an a Business and Professions Code Section [...]

Tags: overtime pay, out of state resident employees
Posted In: Employment Law News 

Some Commercial Tenants May Be Required to Pay The Bank, Not The Landlord

Written By: Melissa C. Marsh, Esq., California Business Attorney, July 2011

Like many residential property owners who have found themselves underwater and facing foreclosure, many owners of commercial buildings are also having trouble keeping up on their mortgage payments. Consequently, a commercial tenant may be asked to pay a bank/lender the rent. What should the tenant do?

California Civil Code Section 2938 provides that, under certain circumstances, [...]

Tags: commercial rent, commercial tenants
Posted In: Real Estate Reporter 

CA Landlords Must Now Install Carbon Monoxide Detectors

Written By: Melissa C. Marsh, Esq., California Business Attorney, July 2011

The Carbon Monoxide Poisoning Prevention Act of 2010 requires all single family dwellings that have either (1) a fossil fuel-burning heater, appliance or fireplace (e.g., a gas stove or water heater) or (2) an attached garage to have an approved carbon monoxide alarm installed outside the bedrooms but in their immediate vicinity (e.g. hallway), and an additional carbon monoxide alarm on each level of the home including the basement (if any).

To be approved, the carbon monoxide alarm must be certified. The [...]

Posted In: Real Estate Reporter 

How To Sue for a 'Stop Payment' or 'NSF' Check

Written By: Melissa C. Marsh, Esq., California Business Attorney, July 2011

A bad check is a check the bank will not honor. There are two kinds of bad checks: (1) checks marked Non-Sufficient Funds (NSF), which occur when there is not enough money in the account to cover the check; and (2) checks returned because the maker issued a Stop Payment order, which occurs when the account holder instructs the bank to stop [...]

Posted In: Business Law Bulletin  Corporate Client Bulletin  Real Estate Reporter 

California Increases Small Claims Limit To $10,000

Written By: Melissa C. Marsh, Esq., California Business Attorney, July 2011

On July 8, 2011, Governor Jerry Brown signed Senate Bill 221 into law. SB 221 increases the Small Claims Court jurisdictional limit from $7,500 to $10,000 with two caveats. First, the jurisdictional limit of the Small Claims Court will remain $7,500 for claims of bodily injury resulting from a car accident if the defendant in the action is insured and the insured's policy includes a duty to defend. Second, the Small Claims jurisdictional limit will remain $5,000 for suits brought by entities such as corporations, [...]

Tags: small claims
Posted In: Business Law Bulletin  Corporate Client Bulletin  Employment Law News  Real Estate Reporter 

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Disclaimer: The information presented on this web site was prepared by Melissa C. Marsh for general informational purposes only and does not constitute legal advice. The information provided in my articles and alerts should not be relied upon, or used as a substitute for professional legal advice from an attorney you retain to advise or represent you. Your use of this Internet site does not create an attorney- client relationship. Transmission of this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. All uses of the contents of this site, other than personal uses, are prohibited. You may print or email a copy of any information posted on this web site for your own personal, non-commercial, use, but you may not publish any of the articles or posts on this web site without the Express Written Permission of Melissa C. Marsh.

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Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.