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Legal news and information to serve our local and national clients.

Licensed Contractor’s Use Of Incorrect Fictitious Business Name Did Not Bar Claim For Payment

Monday, June 27, 2011
By James Ficenec
Licensed Contractor’s Use Of Incorrect Fictitious Business Name Did Not Bar Claim For Payment

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 Defendant May Recover Its Attorneys’ Fees Incurred Defending Frivolous Civil Rights Claims

Sunday, June 26, 2011
By James Ficenec
A Defendant May Recover Its Attorneys’ Fees Incurred Defending Frivolous Civil Rights Claims

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... »

A Court May Vacate Employment Arbitration Award If Arbitrator’s Error Of Law Prevents Hearing On The Merits

Tuesday, April 27, 2010
By James Ficenec
A Court May Vacate Employment Arbitration Award If Arbitrator’s Error Of Law Prevents Hearing On The Merits

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... »

California Does Not Allow A Litigant To Sue Itself

Sunday, April 18, 2010
By James Ficenec
California Does Not Allow A Litigant To Sue Itself

This past week, several law blogs referenced a lawsuit filed by the Connecticut Secretary of State, Susan Bysiewicz, to determine whether she meets the qualifications to serve as Connecticut’s Attorney General. The lawsuit made the news because Ms. Bysiewicz reportedly filed suit against herself in her capacity of Secretary of State. »

An Unlicensed Contractor May Enforce An Indemnity Agreement

Saturday, January 16, 2010
By James Ficenec
An Unlicensed Contractor May Enforce An Indemnity Agreement

A recent California Court of Appeal decision clarified the scope of California law prohibiting contractors from enforcing agreements to receive payment for work requiring a license.  In UDC-Universal Development v. CH2M Hill, the court ruled that California’s contractor licensing statutes did not preclude an unlicensed contractor from enforcing an indemnity agreement related to work... »