Many homeowners, professionals and other insured parties are not aware of California’s Cumis Counsel law and how that affects us here in San Diego. The principle of Cumis Counsel is not as complex as it sounds, and might be easier to grasp if you think of an “independent counsel.” The...
Resolving a Contractor Dispute Requires Experienced Attorneys
Problems on a job site, or a contractor dispute between a customer and contractor, or between the general contractor and a sub-contractor are expensive distractions that can quickly derail progress on a project, and reduce the profit for every party involved. A dispute between contractors quickly becomes a distraction to...
Is a Contract Enforceable in San Diego if There Was No Consideration Given to the Offeror?
A contract is not usually considered to be valid in San Diego unless a tangible form of consideration has been given by every party under the agreement. “Consideration” basically answers the legal question “why are you entering into this agreement?” The “offeree” accepts the offer in anticipation of receiving the...
Does a Contract Have to Be Written In Order to Be Enforceable in San Diego?
Here in San Diego, and across California it is not necessary for a contract to be in writing in order to be enforceable, unless the contract involves the sale of goods exceeding $500 in value, and in a few other limited cases. “Oral Agreements” can be as enforceable as written...
California dog wash may go down drain over contract dispute
On behalf of Daniel Watkins of Watkins Firm, A Professional Corporation posted on Monday, November 18, 2013. A popular service for dog owners is in danger of going belly up after an issue recently came up between company owners and the California county in which it does business. The contract dispute has led to the business...
Employment contracts for California teachers up for approval
On behalf of Daniel Watkins of Watkins Firm, A Professional Corporation posted on Thursday, November 14, 2013. Some parents in California may not consider how their children’s teachers and other school staff are compensated. Most school districts have employment contracts with unions that represent teachers and staff who are members. It is the responsibility of those...
California transit workers negotiate employment contracts
On behalf of Daniel Watkins of Watkins Firm, A Professional Corporation posted on Friday, November 8, 2013. Employees for the BART transit were in a heated dispute over wages, benefits and other work related concerns. Before, California BART workers were involved in a strike, which resulted in many enraged commuters. The company has come...
Contracts between businesses and consumers spark dispute
On behalf of Daniel Watkins of Watkins Firm, A Professional Corporation posted on Friday, October 18, 2013. As technology has become a major factor of running almost any business and conducting a majority of personal activities, ensuring that a system is safe from viruses or other compromising hazards is important to many California residents....
Comp time or overtime? House bill gives employees the option
On behalf of Daniel Watkins of Watkins Firm, A Professional Corporation posted on Friday, May 10, 2013. Exempt, nonexempt, hourly, minimum wage, overtime pay, rest breaks, meal breaks, vacation time, floating holidays, comp time and much more. Keeping it all straight and above board is a full time job for employers. Following California and...