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The “Economic Loss Rule”

One of the least well known and largely misunderstood rules in civil litigation is the “Economic Loss Rule.”  An excellent description of the Economic Loss Role and an explanation of when it does and does not apply is found in the California Court case of Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal. […]

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Contract Law

When Must Contracts Be in Writing to be Enforceable?

Contracts may be oral or in writing. The general rule is that any contract, whether oral or in writing, is enforceable, so long as it contains a quid pro quo and is legal. However, certain contracts must be in writing to be enforceable. However, it would be more correct to say, as the Statute of […]

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Employment law

Usury – The General Rule and its Exemptions

Since 1979, the California Constitution, Article XV, section 1 has provided that the maximum rate which may be charged for money or goods which are for use primarily for personal, family or household purposes is 10%.  It further provides that for any other non-personal, family or household purposes, the maximum rate which may be charged […]

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Lawyer

Bonuses and Gifts Under the Fair Labor Standards Act

All employers know that their “non-exempt” employees (e.g., employees who are not managers or professional personnel) must be paid no less than the minimum wage prescribed by federal and/or state wage and hours laws.  All employers also know that federal and state laws require an employer to pay non-exempt employees 1 ½ times (or sometimes […]

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Exceptions to the Hearsay Rule

Hearsay is defined as an out-of-court statement introduced to prove the truth of its contents. The important phrase to remember in this definition is the phrase “introduced to prove the truth of its contents,” because an out-of-court statement introduced for a reason other than to prove the truth of its contents is not hearsay.  As […]

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freedom of speech

Freedom of Speech And Freedom of the Press Versus the Right of Privacy

In the mid–2000s, Hulk Hogan, whose true name is Terry G. Bollea, had a sexual encounter with Heather Cole, the wife of Hulk Hogan’s friend, Todd Clem, a radio shock jock who had legally changed his name to Bubba the Love Sponge Clem. Todd Clem, who had previously encouraged Hulk Hogan to have sex with […]

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Wage Statements Employers Must Provide Employees

The California Labor Code and Orders issued by the Industrial Wage Commission requirehttps://www.williamjtuckerlaw.com/wage-statements-employers-must-provide-employees/ employers to provide employees with nine items of information every pay period, and impose penalties on employers for failing to do so. The Nine items Wage Statements Must Contain  Labor code section 226(a) requires that employers provide each of the following items […]

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law books

Warranties Under California’s Commercial Code

In California, as in all other states, the legal rules applicable to contracts are typically found in case law, not statutes. Not so with contracts for the sale of goods. They are governed by the Uniform Commercial Code, a model statute adopted by all 50 states, with little or no changes from state to state. […]

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antislapp law

The Anti-SLAPP Statute – How to Stop a Lawsuit in its Tracks

In 2007, the California Legislature took action to slow the proliferation of certain types of lawsuits filed in California courts.  It enacted the so-called anti-SLAPP statute, effective January 1, 2008. The term SLAPP refers to “Strategic Lawsuits Against Public Participation.” As the Legislature expressed in the first sentence of the anti-SLAPP statute: “The Legislature finds […]

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Employment law

Were You Fraudulently Induced To Move From One City To Another To Accept Employment?

Under California law, it is unlawful for an employer to induce a prospective employee to move from one place to another through fraudulent representations or promises. Labor Code section 970 provides in pertinent part: “No person, or agent or officer thereof, directly or indirectly, shall influence, persuade, or engage any person to change from one […]

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