Assignments: The Basic Law Stimmel Law
Assignments: The Basic Law. The assignment of a right or obligation is a common contractual event under the law and the right to assign (or prohibition against assignments) is found in the majority of agreements, leases and business structural documents created in the United States. As with many terms commonly used, people are familiar with the
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Stimmel, Stimmel & Roeser
(Just Now) STIMMEL, STIMMEL & Roeser is a well established San Francisco law firm which serves US and International business communities. We cover every aspect of law affecting businesses and their personnel. Visit our Online Library to find helpful legal articles.
Agency – The Basic Law Stimmel Law
(6 days ago) Agency – The Basic Law. The concept of “agency” is so basic to legal transactions in the United States and most of the world that it is often taken for granted. In its simplest form, it is simply appointing another to act on your behalf for a specified purpose. It is inherent in …
The Basics of Administrative Law Stimmel Law
(5 days ago) Introduction: Administrative law is the area of law that relates to the legal principles governing the administration and regulation of federal and state government agencies. It is considered a branch of public law and commonly called “regulatory law.”. Decision making in the daily activities of various federal and state agencies is
The Law and Liability of Hotels Stimmel Law
(4 days ago) INTRODUCTION AND DEFINITIONS: : Americans like to travel and motels and hotels are as much a part of the average American’s life as restaurants, movies and freeways. Only when something goes wrong with a room or a stay does the issue of what law applies and who is responsible for the possible damage caused arise. When that situation ocurs, suddenly the questions of characterization of the
The Basics of the Law and Practice of Escrow Stimmel Law
(Just Now) The Basic Law: For an escrow to be valid there must be: a binding contract between the parties to a transaction, and. conditional delivery of transfer instruments or money to a third party. Generally, there are two or more underlying transactions, and two or more related escrows in an escrow transaction.
The Basics of Warranties Stimmel Law
(7 days ago) The Basic Concepts: A warranty is a legally binding commitment forming part of the sales contract which assures the buyer that the product or service is free from defects. A warranty often provides for a specific remedy such as repair or replacement in the event the article or service fails to meet the warranty.
The Law of Auctions Stimmel Law
(2 days ago) Under auction law, asking for bids is asking for offers, which the seller or the seller’s agent remains free to reject prior to acceptance. The Uniform Commercial Code provides that any entrusting of goods to a merchant that deals in goods of that kind gives the merchant power to transfer all the entrustor’s rights.
The Basic Law on Guardianship Stimmel Law
(2 days ago) One of the most difficult decisions confronting a family involves having a member incapable of handling his or her own affairs and facing the question of whether to seek to assume legal responsibility for those tasks. Often it is an elderly parent or relative. At times it can be someone who has been injured, or a victim of a drug or medication overdose.
Legal Rights To Inland Waters and Applicable Law For Lakes
(7 days ago) Certain areas of water are owned by the public as a matter of law, such as tidal zones and navigable areas of oceans, bays and rivers. That law is as old as the Republic and, of course, had its basis in the interest of the commonwealth in protecting common access to the ocean and rivers for use and transport.
Legal Requirements For On Site Manager
(3 days ago) California law requires that certain property utilized for profit shall maintain on site managers twenty four hours a day to provide services and protection for the tenants. The law imposes sanctions if this requirement is not met but does have limits as to the applicability of the law to smaller buildings. This article shall summarize the basic law.
The Basic Laws Pertaining to Cemeteries Stimmel Law
(2 days ago) The establishment of a cemetery involves the process of formally designating a tract of land for use for the burial of the dead. It must be set apart, marked, and distinguished from adjoining ground as a graveyard. A cemetery is not only subject to the laws of ordinary …
Accord and Satisfaction
(Just Now) Under most state law, a valid accord and satisfaction requires four elements as a minimum, usually, (1) proper subject matter, (2) competent parties, (3) meeting of the minds of the parties and (4) adequate consideration. See our contracts article for the usual additional requirements for …
That Basic Law of Attractive Nuisance and Premises
(2 days ago) Premises liability means a landowner’s liability for certain torts that take place on an immovable property. Premises liability law refers to the set of laws that make an owner or possessor of land or premises responsible for certain injuries suffered by persons who are present on the premises. For purposes of this analysis, the person who owns the land is called an owner or possessor, and
The Law of Noise Protection in California Stimmel Law
(1 days ago) Penal Code: Under the guidelines of Section 415 of the California Penal Code, it is illegal for any resident to knowingly create loud and unreasonable noises as a means of disturbing another. Those convicted of violating this law face a maximum of 90 days in jail and/or a maximum fine of $400.00. Unnecessary noise can be a violation at any time.
The Law of Spousal Privilege Stimmel Law
(1 days ago) FEDERAL LAW. 1. Either spouse may assert the privilege. 2. Protects words and acts intended to be communications. Example: Privilege protects Wife from disclosing Husband’s confession to her. Privilege does not protect if W saw H shoot John Doe, or saw blood on H’s hands after H …
Adjoining Landowners Rights and
(Just Now) Adjoining landowners are those persons, such as next-door neighbors, who own land that share common boundaries and thus have mutual rights, duties, and liabilities. The reciprocal rights and obligations of adjoining landowners existed at common law but have been invariably altered or expanded by various state laws and court decisions.
The Legal Right to Privacy Stimmel Law
(9 days ago) Cottingham, 533 So. 2d 525 (Ala. 1988). The right of privacy has two main aspects: the general law of privacy, which affords a tort action for damages resulting from an unlawful invasion of privacy; and. the constitutional right of privacy which protects personal privacy against unlawful governmental invasion.
Attorneys & Staff Stimmel Law
(Just Now) Attorneys & Staff. Stimmel, Stimmel & Roeser has developed an expandable system of legal personnel available based on the “corresponding counsel” concept first developed in Europe. This allows our overhead (and corresponding rates) to remain relatively low despite our ability to immediately expand counsel assigned to a particular case as
The Warn Act: Warning of Layoffs to
(1 days ago) The Worker Adjustment and Retraining Notification Act (WARN Act) is a federal act that requires certain employers to give advance notice of significant layoffs to their employees. Layoff notice requirements are intended to give workers and their families transition time to adjust to the prospective loss of employment, to seek and obtain other employment, and, if necessary, to enter skill
Disputes Between Wards and Guardians Stimmel Law
(6 days ago) As discussed in our companion web article, The Basic Law on Guardianship, the guardian is a person appointed to make decisions for someone else when that person is unable to do so. The reader should review that article before reading further.
California's Vexatious Litigant Law Stimmel Law
(4 days ago) The cost of litigation in the United States can be extreme and even a party that defends a case and wins often faces significant damages in the time lost and the expense of the defense. It is not uncommon for even a simple civil case to cost hundreds of thousands of dollars to defend.
Libel and Slander
(8 days ago) B. Libel and Slander Distinguished. Libel includes the more permanent forms of defamatory matter; in California, it consists of a “writing, printing, picture, effigy, or other fixed representation to the eye.” (Civ. Code § 45.) Slander is the more transitory form, generally restricted to oral statements and gestures. (See Civ. Code § 46.
"English Only" Rule in the Workplace
(9 days ago) Speak-English-Only Rules, 29 C.F.R. §1606.7 (a) (2006). According to the EEOC's interpretation, an English-only rule is valid under Title VII only if: it is applied only at certain times, if the rule is justified by business necessity, the employer effectively notifies employees of the rule and the consequences for breaking it. Id. § (b)- (c).
Americans with Disabilities Act (ADA
(9 days ago) The Americans with Disabilities Act was passed on July 26, 1990, and signed into law by President George H.W. Bush. The intention of the Americans with Disabilities Act was to fill the gaps left in Section 504. The ADA builds upon the legal language within Section 504, so that applied together, both laws would cover almost any situation, public
Mistake And The Ability To Avoid The Agreement Stimmel Law
(5 days ago) Civ. Code sec. 1577. If only one of the parties is mistaken, that party will not be entitled to rescind, unless (1) the non-mistaken party had reason to know of the mistake and it was his fault which caused the mistake, or (2) the effect of the mistake is such that enforcement of the contract would be “unconscionable.”. See , Larsen v.
Durable Power of Attorney for Health
(8 days ago) The form below is in wide use throughout California and gives a basic understanding of the purpose and use of the Advance Care Directive. After a brief introduction to the law, it provides specific guidance on filling in each section of the Advance Health Care Directive. Should you elect to use this form, you should print out numerous copies and follow its instructions carefully and once
Lateral and Subjacent Support
(2 days ago) The law states, in part, at Cal. Civ. Code §832, that, “each coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjoining land…”. Coterminous, or adjoining, landowners are those persons having the same or coincident boundaries. Lateral support exists when the adjoining lands are side-by-side.
"As Is" in a Real Estate Contract: What
(5 days ago) BASIC LAW ON “AS IS”. An "as is" clause in a purchase and sale agreement does not necessarily insulate the seller from the common law duty to disclose defects or the requirements of Civ. Code §§1102 et seq. "As is" language serves to give notice of patent defects and means that the buyer accepts the property in the condition in which it
The American System of Criminal Justice Stimmel Law
(2 days ago) Criminal law relates to laws passed by the United States whose violation constitutes a crime which can result in fines, imprisonmentor even death. Unlike civil law in which private citizens utilize the courts to seek redress or enforce their rights, a criminal trial involves either the Federal government or the State government seeking to obtain a guilty verdict against an individual.
Abuse of Process
(9 days ago) Abuse of process refers to the improper use of a civil or criminal legal procedure for an unintended, malicious, or perverse reason. It is the malicious and deliberate misuse of regularly issued civil or criminal court process that is not justified by the underlying legal action. Abuse of process includes litigation actions in bad faith that is
Terms and Conditions on Invoices Stimmel Law
(9 days ago) Each and every commercial transaction is actually a contract between the Seller and Buyer and minus a writing expressing the terms, it becomes an oral contract with all the problems inherent in proof and expense that oral contracts necessarily entail. (See the Article on the Web Site relating to Contract.) Put simply, it will be a question of veracity as to who the judge or jury believes in
Construction Defect Law and SB 800 in California Stimmel Law
(5 days ago) Senate Bill 800 (SB 800) A more recent addition in construction defect law for residential property owners is the passage of Senate Bill 800, which establishes building standards that, if violated, may allow a homeowner to file a claim against the builder.
Transfers to Defraud Creditors
(Just Now) A judgment is only a piece of paper obtained at the end of litigation until it is used to seize a debtor’s assets or to force a debtor to pay the debt. See our article on Debt Collection-the Tools Available to Collect Judgments for a detailed analysis of the tools available. Some judgment debtors, realizing that the writs of attachment are soon to be issued by the Court, decide to hide their
Interpleader: The Basics Stimmel Law
(9 days ago) The Basic Process: In an interpleader action, the party initiating the litigation, normally the plaintiff, is termed the stakeholder. The money or other property in controversy is called the res. All defendants having a possible interest in the subject matter of the case are called claimants. In some jurisdictions, the plaintiff is referred to
Limited Liability Companies
(4 days ago) The Basic Characteristics of a Limited Liability Company (“LLC”) in California: Since the 1990s, individuals who wish to form businesses have seen a significant increase in the types of business entities that may be formed. Laws governing these newer forms of businesses limit the liability that business owners may face.
Laws Pertaining to Commerce on the Internet Stimmel Law
(3 days ago) Under federal law, it is unlawful to send junk mail by facsimile, with the possibility of civil liability of up to $500 per copy. Efforts have been made to extend this law to spam sent over the Internet, but it is not yet held that this law applies to spamming. Some states like California have gone further.
Unlawful Discriminating in Leasing
(8 days ago) Unlawful Discriminating in Leasing - The Basics. In California there are strict laws prohibiting various types of discrimination in leasing which compel landlords to comply with prohibitions against such discrimination or face penalties that can be quite severe. The tenant can obtain damages, attorneys fees and, perhaps most importantly, access
Escheat: The State's Effort To Seize Property Stimmel Law
(6 days ago) Escheat is a legal term relating to the reversion of real property to the state where no individuals or entities exist that are entitled to inherit the property of a decedent. Put simply, the state takes the property if no one else has a right to it under the intestate laws.
Rule Against Perpetuities-It's Part of
(2 days ago) California has enacted the Uniform Statutory Rule Against Perpetuities, which supersedes the old common law rule. Under the Uniform Rule in the California Probate Code, an interest in a trust will be invalid if either of two alternative conditions are not met. Prob C §§21200-21231. Under the first alternative, the interest must be certain to
Contractors in California Must Ensure
(2 days ago) Introduction: Commencing January 1, 2020, general contractors in California face another potential obligation: they are now “guarantors” of the obligation of their subcontractors to pay the subcontractor’s employees all wages and benefits due on the construction project. And this is true whether the subcontractor was negligent
Bulk Sales Law for Sale of Assets in California Stimmel Law
(7 days ago) California Bulk Sales Law does not apply to sales of assets with a net value (post-lien and security interest calculations) of less than $10,000 or more than $5 million on the date of the Agreement. If the net value of the assets is equal to or greater than $10,000 but less than $2 million, the Bulk Sale is considered a Small Cash Sale.