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Many legal disputes are resolved through settlement before ever reaching a courtroom. However, in some cases, proceeding to trial may be necessary to pursue the relief sought. Understanding the differences between settling a case and going to trial can help parties...

When construction work is completed but payment is delayed or withheld, California law provides a remedy known as a mechanics lien. A properly recorded mechanics lien places a claim against the property being improved and can ultimately lead to foreclosure if the debt...

Employers must properly classify workers under federal and state wage and hour laws. One of the most important distinctions is whether an employee is classified as exempt or non-exempt. This classification determines whetheremployees are entitled to overtime pay and...

A common question in any lawsuit is whether the winning party can recover attorneys’ fees from the losing party. In California, the answer depends on the legal basis for fee recovery. Unlike systems where the losing party automatically pays, California generally...

One of the first questions in any legal dispute is where a lawsuit should be filed. Filing in the wrong court, county or state can delay your case or lead to dismissal. In California, the answer depends on two main concepts: jurisdiction and venue. Before a court can...

Arbitration clauses are commonly buried in contracts, enrollment agreements, warranties and other contracts. Arbitration is often marketed as a faster, cheaper, and more private alternative to going to court which may or may not be the case depending on the particular...

The statute of limitations sets the deadline for filing a lawsuit or criminal charge. It is the legally prescribed period within which a lawsuit or prosecution must be initiated. If you miss the deadline, your claim may be barred. Because these deadlines vary by claim...

Specific performance is an equitable remedy that compels a breaching party to perform their contractual obligations rather than simply paying monetary damages. Instead of awarding compensation, the court orders the party to do what they originally agreed to do. The...

When you buy a product, you expect it to work as promised and to be reasonably safe to use. When it doesn’t (and especially when it causes injury) you may have legal rights under warranty law. Two of the most common protections are express warranties and implied...