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California Tenant Rights: Landlord Tenant Law (2019)

By on June 2, 2019

Tenant rights: defined What are tenant’s general rights in California? By renting the unit from the landlord, the tenant receives the right to the exclusive use and possession of the rental property during the rental period. The contact information of the landlord must be written into the rental agreement (otherwise known as a “lease”), or, at the very least, must be posted conspicuously in the rental property and/or unit. What is a landlord? A “landlord” is an individual or an entity which owns the rental property. The landlord leases the property to an individual, otherwise known as the “tenant.” The […]

Late Fee For Rent in California Explained

By on June 2, 2019

What are late fees? Late fees and similar liquidated damages provisions “serve an important function. They remove the uncertainty factor from determining damages from a breach of contract and reduce litigation.” UCAN v. AT&T Broadband of Southern Cal., 135 Cal. App. 4th 1023, 1038 (2006) (affirming the grant of summary judgment to defendant because liquidated damage clause in pre-printed contract was valid). Indeed, the California Legislature has specifically authorized late fees in lease agreements when (1) it would be “impracticable or extremely difficult” to determine actual damages; and (2) the parties agree upon the amount of the late fee. Civil […]

How to File a California Labor Board Complaint: 2019 Guide

By on May 8, 2019
Department Of Labor Seal

What is the California Labor Board? The California Labor Commissioner’s office, otherwise known as the Division of Labor Standards (“DLSE”) or the “Labor Board” receives individuals employee complaints regarding unpaid wages and also retaliation at the workplace and attempts to settle these claims through both an investigation and hearing. Should I file a complaint with the Labor Board or in Small Claims court? The Labor Board is generally a superior forum for an unpaid wages case than small claims court for several reasons. First, the Labor Commissioner’s Office generally has significantly more experience in handling unpaid wages claims and therefore […]

California Unemployment Benefits Laws

By admin on May 8, 2019
Unemployment Benefits

Unemployment Insurance is a program which offers a partial wage substitute to workers who are now jobless due to no mistake of their own, while they are attempting to seek new employment. Unemployment Insurance is handled by each state but mandated by the federal law. In California, the UI program is administered by the Employment Development Department (EDD). The department itself renders decisions regarding applicant eligibility, amends rules, gathers employer taxes and issues benefit checks. The decision made by the EDD may be further reviewed by a separate state entity known as the California Unemployment Insurance Appeals Board (CUIAB). Notably, […]

Auto Renewal Lawsuits

By on October 27, 2016

The ease and convenience of subscription services has led to the skyrocketing in popularity for companies offering auto-renewal services. Ranging from entertainment to beauty products, almost anything is accessible via subscription and the California legislature has taken note of the possible vulnerabilities for consumers, enacting the Automatic Renewal Law (“ARL”), Business & Professions Code Sections 17600 et seq., The ARL was made effective in December 2010 and seeks to end the practice of charging consumers for continuing services or products—including beauty products, online music and magazine subscriptions— without their explicit consent. It is particularly aimed at companies that engage in […]

New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) Lawsuits

By on October 27, 2016

The Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) is a New Jersey consumer protection law that protects consumers from signing contracts which strip away their rights to file product liability claims.  The TCCWNA is strict and clear, the consumer does not need to sign the allegedly offending paperwork and there is a fine for each customer or even a potential customer who views the contract. Recently, Avis Car Rental, Bed Bath & Beyond, the New Jersey Devils arena, Toys R Us and Intuit, were each sued in New Jersey federal court in May alleging claims that they violated the TCCWNA. […]

Food Labeling & Slack-Fill Lawsuits

By on October 27, 2016

Questions Presented What are the federal statutes and regulation governing food-label litigation? What is slack-fill in regards to food-label litigation? Federal Regulations “Natural” “GMO” “Organic” The primary authorities in the federal regulation of food labels are from the Federal, Food, Drug, and Cosmetic Act (FFDCA), the Nutrition Labeling and Education Act (NLEA), the FDA and the Federal Trade Commission (FTC).  In addition to regulatory issues surrounding the terms “natural,” “GMOs,” and “organic” that have been involved in the significant food-labeling cases to date. Congress Passes the FFDCA in 1938 to grant the FDA power to ensure that “foods are safe, […]

Phantom Markdown Lawsuits

By on October 27, 2016

A handful of large retailers and outlet stores across the country are facing class action suits for tricking consumers with “phantom markdowns”. Retailers like Calvin Klein, The Gap, Banana Republic, TJ Maxx, and Ross are at the center of the controversy alleging that companies are breaking federal and state laws which require that items with a list or retail price to have been sold for the amount listed at some previous point. These phantom markdown claims are particularly focusing on retailer’s outlet chains. These outlet stores often sell items that have been especially manufactured—and often at a lower quality— for […]

Food Poisoning Lawsuits

By on October 27, 2016

The CDC (Center for Disease Control) estimates that there are almost 50 million cases of food poisoning yearly and approximately 325,000 hospitalization. While many people recover in a few days the CDC estimates that there 5,200 deaths across the country in more vulnerable groups. Food poisoning lawsuits have come to the forefront, most notably with the E. Coli outbreak at Chipotle in late 2015 that sickened over forty people in different areas of the country. While E. Coli is one of the frequent causes of food poisoning, some restaurants are facing suits for more serious diseases. In Hawaii, for example, […]

Evaporated Cane Juice Lawsuits

By on October 27, 2016

Various companies are facing massive lawsuits for defrauding consumers by using the term “evaporated cane juice” and implying that it is a healthy form of sweetener. The Food and Drug Administration has been sending out warning letters and providing draft guidance to companies, telling them to not use the words “evaporated cane juice” because it is false, misleading, and not “juice”. The agency further reprimanded companies pointing to regulations that indicate that ingredients must be described using common names and that “juice” is defined as ‘the aqueous liquid express or extracted from one of more fruits or vegetables.’ Notably, Chobani […]

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