Mediation and Arbitration
California law precludes actions by unlicensed contractors to recover payment for services as a contractor. In Ball v. Steadfast-BLK, the California Court of Appeal ruled that the law did not prevent recovery by contractor who, while licensed as a sole proprietor, entered into a contract under an unregistered false business name. Mr. Ball was a… read more
Federal law generally permits a plaintiff who successfully pursues a civil rights claim to recover his or her attorneys’ fees. A successful defendant, however, is typically only entitled to recover its attorneys’ fees if the complainant claims are determined to be absurd. In this context, “frivolous” means without legal or factual basis. A claim that… read more
California law permits parties to waive their right to jury trial and to resolve their disputes by binding arbitration. However, such a waiver must be contained in an agreement providing actual notice to all parties. In Villa Vecenza Homeowners Association v. Nobel Court Development, LLC, the California Court of Appeal held that covenants, conditions, and… read more
A plaintiff who loses a lawsuit brought under the federal Fair Debt Collections Practices Act is not liable for the defendant’s court costs except in the unusual circumstance that the trial court finds the plaintiff sued in bad faith and for purposes of harassment. Normally, a party who loses a lawsuit is liable for the… read more
A mandatory binding arbitration clause is a common component of California employment agreements. While California courts will enforce such clauses, they have been unwilling to grant complete deference to the arbitrator. A recent California Supreme Court decision, Dental Supplies, Inc. v. Superior Court, further develops the law on this topic. Pearson Dental arose from an… read more
In a recent decision, the California Court of Appeal held that an unlicensed contractor is not entitled to any compensation or credit for materials or labor supplied to improve property. In White v. Cridlebaugh, the court acknowledged that California’s licensing laws can be used as both a shield and a sword. The licensing laws act… read more
Mediation can save you time and money and can bring about a quick solution to a legal problem.