From The blog

“Does California Have Common Law Marriage?” The short answer is “No, but…..” California does not acknowledge common law marriage. There are no provisions for common law marriage in the family law code. However, in the case of Marvin v. Marvin , 18 Cal.3d 660 (a 1976 decision) the California Supreme Court acknowledged that there are cases where unmarried parties have commingled their finances to...

“I Wrote My Own Contract: Can It Be Enforced?”   Written contracts that are signed by both parties are generally, with some exceptions, enforceable. There are, however, some things to keep in mind when deciding whether or not to have a contract prepared by a professional. If your contract has any ambiguous terms in it or uncertainty, it will generally be construed or interpreted against the...

“I’m Thinking About Getting Solar For My Home. What Do I Need To Know?” With the explosion of affordable solar options for personal use in residential homes has come a whole new set of problems: fly-by-night companies, poor technical support, bad installations, and under-performing systems. We see these kinds of cases regularly now, but there are things that you can do to protect yourself, and...

What is a Living Trust? A Living Trust or Revocable Trust is a legal document that allows you to place your property and assets into a “Trust” for your benefit during your lifetime and will act like a Will when you die. You may revoke or change the Trust during your lifetime. You retain control of all your property and assets during your lifetime but will designate someone to manage the Trust,...

“I Am Going Through An Uncontested Divorce: Do I Need An Attorney?" Some uncontested matters can be accomplished by either doing your own paperwork or by using a document preparation service. Whether or not this is a good idea depends on the issues involved. Keep in mind that you will be held to the standard of an attorney in the divorce if you choose to represent yourself and it can be very...

“My business is being sued under the Americans With Disabilities Act: what can I do?” Business owners should be aware that they have a responsibility under the Americans With Disabilities Act (commonly called the ADA) to make sure that they have made reasonable accommodations for the disabled. What it is VERY important to understand that this obligation is a strict liability violation (no fault...

“I Run A Small Company. What Are My Retirement Options?” One of the questions that I often get from clients who are either doing their estate plan or incorporating their business into an LLC or Corporation is “what do I do about retirement?” This is not really a legal question, but is an important component of planning. Many small businesses cannot afford to commit to a large-scale pension...

“How Long Does A Civil Lawsuit Take In California?” Most cases (which include limited civil cases between $10,000 and $25,000 as well as unlimited cases with a value of over $25,000) are subject to the “Fast Track” system. The goal of the fast track system is to have civil trials within one year of the date of the filing of the lawsuit. So for most cases, you can expect a trial about one year...

“What Is The Difference Between Formal and Informal Probation?”   First, what is probation? Probation is the opportunity to serve anywhere from no time up to a year in County Jail and then have the balance of any potential sentence not imposed while you prove that you will no longer engage in inappropriate behavior. The terms of probation are given by the Judge imposing the sentence. You...

“If I Sue Someone, Can I Make Them Pay My Attorney Fees Under California Law?” The answer to this question, generally, is no. Under California law, there are no general provisions for the payment of fees to the winning side. There are some exceptions, however: there are some types of cases which have a statutory (special civil code sections) basis for allowing fees to be recovered, although...