Under California Code of Civil Procedure sections 405.1 et seq. a claimant with a real property claim of probably validity may file and record lis pendens in the County where the property is located. (CCP § 405.20). At any time during the pendency of the action, any person with an interest in the property may apply to the court in which the action is pending for an order expunging the lis pendens. Prevailing on the merits of the plaintiff’s claim does not automatically expunge the lis pendens.
Expungement of the lis pendens must be made by noticed motion in accordance with CCP section 405.30; Mix v. Sup. Ct. (2004) 124 Cal.App.4th 987, 996. Mix held that on motion by the defendant following a determination of the claimant’s right to title, the lis pendens shall be expunged, unless the trial court finds that its own decision is likely to be overturned on appeal. The decision to expunge the lis pendens, however, must be made by noticed motion and does not occur automatically by entry of judgment. Similarly, the expungement cannot be included as part of the final judgment, because there is no right to appeal the expungement of a lis pendens. “Decisions on motions to expunge lis pendens fall into that class of trial court orders which are expressly not appealable; intermediate appellate courts only reach them via petitions for writ of mandate. See CCP § 405.39. “No order or other action of the court under this chapter shall be appealable. Any party aggrieved by an order made on a motion under this chapter may petition the proper reviewing court to review the order by writ of mandate.”
Thus, if your client prevails on a real property claim involving a lis pendens, be prepared to file a motion for expungement to have it removed. The order expunging the lis pendens may not be recorded until the time period for filing a petition for writ of mandate under CCP § 305.39 has expired.
For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.
SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeston, NJ; and New York, NY.
DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.
In a victory for American employers, the United States Supreme Court has just ruled that class action waivers in arbitration agreements required as a condition of employment do not violate the National Labor Relations Act, the 1930s law that applies to all base level employees, even absent a union.
Most private California employers will now be able to require as a condition of employment that employees agree in advance to arbitrate employment disputes. A well-crafted arbitration agreement developed with the help of experienced employment counsel familiar with this case presents the possibility of reducing the time, expense, disruption to your business, and potential negative publicity of litigating class action employment disputes in court. As well, it eliminates exposure to a runaway jury verdict.
The case is Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris, and NLRB v. Murphy Oil USA, Inc.
JULY 1: NEW NATIONAL ORIGIN REGULATIONS
REMINDER: California has approved new regulations addressing national origin protections for applicants and employees, including individuals who are undocumented. Even though California already has strict rules prohibiting harassment and discrimination based on protected classes, including national origin, California has approved new regulations which expand on those rules. These new regulations also reiterate the Fair Employment and Housing Act’s prohibitions against harassment and retaliation based on national origin.
Should you have any questions regarding the new regulations, contact the Employment and Labor attorneys at SBEMP.
NEW RULES SET FOR DETERMINING
EMPLOYEE VERSUS CONTRACTOR
In a decision likely to make it much harder for businesses to classify workers as contractors, the California Supreme Court has set aside a multi-factor standard California courts used for 30 years to determine whether a worker was an independent contractor or an employee under California’s various Wage Orders.
The Court ruled on April 30th in Dynamex Operations West v. Superior Court of Los Angeles County that from now on businesses must use a three-factor, or ABC, test when making that determination. The test presumes the worker is an employee and not an independent contractor unless each of three conditions is satisfied.
For additional information, contact our office or continue reading on SBEMP Facebook Page.
Employment & Labor Law Attorneys of SBEMP
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| Thomas S. Slovak | Lena D. Wade | Vee B. Sotelo |
SBEMP’S Labor and Employment Department is comprised of attorneys with decades of experience in a broad range of labor and employment matters from day-to-day counseling to labor negotiations and litigation. Our team is prepared to guide our clients through the complex myriad of employment laws affecting California employers. We assist our clients with day-to-day personnel management issues, such as drafting employment policies, managing leaves of absence, identifying potential problems in hiring and firing practices, and ensuring wage and hour compliance. Our attorneys are also experienced litigators who regularly represent clients in all types of employment litigation, including defending wage and hour class actions as well as lawsuits alleging discrimination, harassment, and retaliation. Additionally, we regularly represent clients in administrative proceedings, such as Labor Commissioner claims, CalOSHA citations, DFEH and EEOC investigations, and DLSE complaints. Our labor and employment practice is also prepared to assist clients with labor negotiations and disputes. Our labor attorneys are experienced in negotiating labor agreements as well as representing clients before the NLRB.
DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.
Palm Springs, CA – In a decision likely to make it much harder for businesses to classify workers as contractors, the California Supreme Court has set aside a multi-factor standard, which California courts used for 30 years to determine whether a worker was an independent contractor or an employee under the state’s various Wage Orders. (more…)
Keynote speaker Trina Turk spoke about finding a comfort level in taking risks as an entrepreneur.
Shaun-Murphy-Quote-May2018.pdf
Guidelines
SBEMP BUSINESS AWARDS – SELECTION COMMITTEE GUIDELINES 2018
Congratulations and thank you for participating on the Selection Committee for the SBEMP Business Awards.
Please save the evening of October 10, 2018 to attend the Awards Ceremony and be honored for your contribution to this year’s Awards.
The purpose of these awards is to recognize individuals who are making significant contributions to the Coachella Valley’s business community.
The SBEMP Awards departs from other business awards programs in several significant ways:
- Innovation and “out-of-the-box” thinking are paramount
- Recipients should be individuals who have made recent and momentous contributions to the Coachella Valley business community
- Emphasis is to be placed on the concept of “recent” as these awards should not be given for “lifetime achievement”
- Candidates whose contributions are primarily philanthropic should not be considered
- We’re particularly interested in recognizing individuals who would “fly under the radar” in other awards programs. Popularity and/or prominence in society should not be a factor in your decision-making
- In evaluating candidates, particular scrutiny should be given to the relative merit of the contribution(s) and adverse consequences that would undermine the value of those contribution(s). These consequences might include creation of minimum wage jobs, “burst” (one time, quick staffing) employment, seasonal employment, significant adverse environmental impact, ethical issues and so on.
The Awards
- SBEMP Entrepreneurship Award
This award honors the individual who has created a new business in the Coachella Valley that has experienced significant financial growth and quality job creation. This award is exclusively given to individuals working in for-profit enterprises.
- SBEMP Leadership Award
This award goes to the individual who has grown an existing business (2+ years) in the Coachella Valley that has resulted in significant financial and/or quality job creation. This award can also recognize an individual in a non-profit or government agency that has addressed a critical economic issue.
- SBEMP Impact Award
This award honors an advocate, educator, journalist, consultant or government official who has contributed in a significant way to an economic initiative which has positively affected the local business economy (without adverse unintended consequences).
- SBEMP Environmental Award
This award honors an individual who has implemented one or more innovative solutions in their business that protects or enhances the environment. (This is not intended as an award only for “green” industry businesses. Any business that innovates with environmentally friendly solutions can be considered here).
The Nomination Process:
- Each committee member should nominate a minimum of 1 candidate for each award by May 16, 2018.
- Once the nominating period is over, judges will be provided with all nomination forms.
- Judges will be able to meet nominees in person during the Nominee Reception in June.
- Judges should equally weight the merit of each candidate presented, without being influenced by multiple nominations or their own nominations. The contribution with the greatest merit should be the leading factor, without regard to popularity.
- Members will meet mid-summer to discuss the nominees in each category and to determine the winner of each award.
Nomination Requirements & Considerations:
- Recipients must be full-time Riverside County residents
- Recipients must be engaged in business with an office in Riverside County.
- Only individuals can receive and be named on the award. These awards are not for businesses or institutions.
- There are no age restrictions for recipients. Awards can be given to minors.
- Where the contribution is of social service nature, greater weight should be given to efforts that help people help themselves over those that are merely a maintenance solution.
- It will be helpful to try to put dollar value on each contribution to assess its real value.
- When considering a candidate involved with a “big box” enterprise, caution should be exercised to ensure their contribution is not merely the result of a corporate initiative.
To nominate, visit here.
2018 SBEMP Business Awards judges
Adam Ochoa
The Practice
44651 Village Court
Suite 125
Palm Desert, CA 92260
aochoa@thepracticecpa.com
Kristi Hanson
KHA Architects
72-185 Painters Path, Ste. A
Palm Desert, CA 92260
kristi@kristihanson.com
Paige Skip
78365 Highway 111
PMB 508
La Quinta, CA 92253
paigeskip@gmail.com
Antun Barbato
Family Development
73081 Fred Waring Drive
Palm Desert, CA 92260
antun@fdgroup.us
Stephanie Greene
FG Creative
74020 Alessandro, Suite E
Palm Desert, CA 92260
stephanie@fgcreative.com
Marcie Madain
Fresh Juice Bar
73030 El Paseo #104
Palm Desert, CA 92260
Marcie.madain@aol.com
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SBEMP, LLP announced that the California Court of Appeal, Fourth Appellate District, Division Three, rejected the defendants’ special motion to strike the complaint in Chyssikos v. MCC Radio, LLC, et al (Riverside County Superior Court, Case No. INC1109827). The Court of Appeal affirmed the trial court’s denial of the defendants’ SLAPP motion, sending the case back to the trial court.
Mike Meyers was at the forefront of California Real Property Law for the last 55 years. Before joining SBEMP more than a decade ago, Mike chaired the real estate department at Jeffer Mangels Butler and Marmaro in Century City. A graduate of UCLA, Mike became an adjunct professor teaching a variety of real property law classes, including “Foreign Investment in United States Real Estate” and “Advanced Aspects of Real Estate Acquisition and Finance”. He also authored “Foreign Investment in US Real Estate” and frequently was a featured presenter on real estate law at Continuing Education of the Bar conferences.
After a brief illness, Mike passed away on May 16, 2013. Mike truly enjoyed the practice of law and being a lawyer, which is why he practiced up to the time of his death with passion and commitment. They just don’t make lawyers like Mike anymore. He provided our firm with a wealth of knowledge on real property, financing, and banking matters. He was a ‘teacher’ during his tenure with our firm and was always willing to share his knowledge with his colleagues. We will miss his approach to the law and the valuable contribution he made to all of our attorneys.
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[googlepdf url=”https://sbemp.com/wp-content/uploads/2018/05/Foreclosures_Short_Sales-2.pdf” width=”100%” height=”600″]With residential foreclosures and defaults on the rise, many Californians are inclined to just walk away from their mortgages. However, before “giving the keys back to the bank,” it is wise to consider the tax consequences of such actions.