California Nursing Home Admission Agreements: What You Need to Know

For families and seniors, the process of moving into a nursing home or assisted living facility can be taxing and emotional. During this time, many practical considerations must be addressed, including ensuring that all concerned have a full understanding of the rights and responsibilities that come with admission into the facility. These terms will generally be contained in an admission agreement that will be executed prior to the date that the senior moves in. Continue reading “California Nursing Home Admission Agreements: What You Need to Know”

Income in Respect of a Decedent: A “Stealth Tax” You Need to Understand

Even within the context of a tax code filled with a seemingly endless and unnecessarily complicated supply of liabilities, exemptions, and loopholes, some taxes are particularly insidious in their ability to surprise an unwary taxpayer. One such “stealth tax,” as I refer to taxes that are particularly difficult to identify or isolate, is called Income in Respect of a Decedent (IRD).  Continue reading “Income in Respect of a Decedent: A “Stealth Tax” You Need to Understand”

Four-Year Time Limit for Construction Defect Claims Under Right to Repair Act Doesn’t Apply to Actual Damage Claims

Developers who count on California’s “Builder’s Right to Repair Act,” commonly known as “SB 800,” to close the door on construction defect claims four years after closing or completion of a project should be aware that in many respects they are sadly mistaken. A California Court of Appeals decision last year makes clear that SB 800’s four-year statute of limitations only applies when the alleged defect has not caused actual damage; claims based on actual damages are not governed by the time limits set forth in that act. Continue reading “Four-Year Time Limit for Construction Defect Claims Under Right to Repair Act Doesn’t Apply to Actual Damage Claims”

Recent Decision May Mean California Employers Are on the Hook for Some Employees’ Personal Cell-Phone Charges

California Labor Code Section 2802 provides that an employer “shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer[.]” If a recent appellate court decision stands, this obligation now includes reimbursing employees for a “reasonable percentage” of their personal cell phone bills for their work-related usage.

Continue reading “Recent Decision May Mean California Employers Are on the Hook for Some Employees’ Personal Cell-Phone Charges”

Trust Notification: The First Step in a Trustee’s Ongoing Role as Fiduciary

Generally, trustees have a duty to keep trust beneficiaries reasonably informed about the trust and its administration, provide annual accountings to the trust beneficiaries, and, upon request, provide beneficiaries with information about trust matters, including assets, liabilities, the acts of the trustee and the terms of the trust. Continue reading “Trust Notification: The First Step in a Trustee’s Ongoing Role as Fiduciary”

New Energy Disclosure Requirements Causing Headaches for Commercial Property Owners, But Relief May Be on the Way

A California law designed to make energy efficiency more of a motivating factor in real estate transactions is creating new burdens for commercial property owners and managers across the state, and the state board charged with enforcing the new law is considering pushing compliance dates back another year as a result. Continue reading “New Energy Disclosure Requirements Causing Headaches for Commercial Property Owners, But Relief May Be on the Way”

Don’t Rely on a Non-Competition Agreement to Protect Your California Business.

After investing so much in your employees, and after giving them the tools and information they need to contribute to your company’s success, you certainly don’t want them to take the accumulated wisdom that you largely provided and use it in the service of one of your competitors. Your small California business would no doubt suffer if your top salesman, key officer, or other star moved across the street and started competing against you, so perhaps you had them execute an agreement when they were hired in which they agreed not to compete with your business for a certain period of time and/or in a specific geographic area in the event they leave your employ. Smart thinking. Unfortunately, that “non-competition agreement” will likely do you absolutely no good and will not be enforced in the Golden State. Continue reading “Don’t Rely on a Non-Competition Agreement to Protect Your California Business.”

MBE Certification Can Open Doors for Minority-Owned Businesses in Northern California

We work with businesses and entrepreneurs throughout the Sacramento area, helping them build and grow their companies and position them for continued success. Many of our clients are companies founded, owned or operated by ethnic minorities. As government agencies, private companies, universities, hospitals, and other entities continue to seek diversity in their supply chains and procurement process, certification of a business as a “Minority Business Enterprise” can provide minority-owned businesses with increased opportunities and access to potential customers and partners. Continue reading “MBE Certification Can Open Doors for Minority-Owned Businesses in Northern California”