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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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contract law

What Is A Contract And How Is It Formed?

A contract is an agreement among two or more individuals or entities to do something, or to refrain from doing something.   How is a Contract Formed? There are four requirements for the formation of a contract:  (1) a lawful object, (2) an offer, (3) an acceptance of the offer, and (4) “consideration.”    A […]

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contract law

Selling Your Home? Be Mindful Of The Transfer Disclosure Statement

If you are selling or leasing your home, your real estate agent will give you a Real Estate Transfer Disclosure Statement (“TDS”) to fill out.  It is required by law, and must be filled out accurately and truthfully, to the best of the seller’s or lessor’s knowledge.  The purpose of the TDS is to provide […]

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