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WHAT IS INDEMNIFICATION IN CALIFORNIA?

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There are two forms of indemnity: contractual and implied. The right to indemnity is predicated upon one’s breach of contract with the rationale being that a contract under which one undertook to do work or provide services necessarily implied an obligation to do the work in a proper manner and to discharge foreseeable damages that […]

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What are Breach of Contract Damages in California?

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I.     INTRODUCTION Breach of Contract damages in California are primarily either General Damages or Special Damages.  General Damages are direct result of a breach of the contact since they arise directly and necessarily from the breach of contract. On the other hand, Special Damages are damages that are not directly and necessarily result […]

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CALIFORNIA LEGAL MALPRACTICE BASICS

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I. What is Legal Malpractice? Legal malpractice is a type of civil law suit used to enforce the standards of professional conduct. When you initiate a lawsuit for California legal malpractice, you’re not only asking the court to compensate you for your damages; you’re also asking it to define and clarify the standard of care […]

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The Department of Labor’s Recent Joint Employer Interpretation Seeks to Hold More Employers, Whether Payroll Companies or Worksite Sites Controlled by Third Parties More Accountable

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I. Overview The U.S. Department of Labor (DOL) issued a new Administrator’s Interpretation (AI) that emphasizes the agency’s intent to apply joint employer status more broadly under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). Even though the definition of joint employment under these acts has not […]

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Higher Accountability for Federal labor violations by Employers

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The Department of Labor’s Recent Joint Employer Interpretation Seeks to Hold More Employers, Whether Payroll Companies or Worksite Sites Controlled by Third Parties More Accountable I. Overview The U.S. Department of Labor (DOL) issued a new Administrator’s Interpretation (AI) that emphasizes the agency’s intent to apply joint employer status more broadly under the Fair Labor […]

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WHEN DOES THE STATUTE OF LIMITATIONS BEGIN TO ACCRUE, OR “RUN,” IN PROFESSIONAL MALPRACTICE CASES?

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I. OVERVIEW In summary, this blog addresses when “actual injury” occurs to satisfy the damages element of professional negligence lawsuits against attorneys, brokers, accountants, and other professionals and analyze the divergent views as to when the statute of limitations (known as the time-barred defense) begins to “run” or whether it could be deemed extended or […]

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