COURTSIDE LEGAL UPDATES

 


California’s 1031 Exchanges – What to Keep in Mind

AUG 2019

By Robert H. Tyler, Attorney at Law, Nathan Klein, Attorney at Law

Under California Tax Code Section 1031, if a taxpayer exchanges real property for like-kind real estate, gain on the exchange is deferred until the replacement property is sold. According to the Internal Revenue Service, properties are of like-kind if they are of the same nature or character, even if they differ in grade or quality.

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The Ministerial Exception : How a Catholic School Managed Discrimination Claims

AUG 2019

By Robert H. Tyler, Attorney at Law, James A. Long, Attorney at Law

A recent case in the Ninth Circuit brings into question the Ministerial Exception . A Catholic grade school hired long - term substitute , Kristen Biel, in 2013 . Eventually , the Biel became a full - time teacher with the school. She was later diagnosed with breast cancer and requested time off for necessary medical treatments.

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Assembly Bill-171 Protecting Harassment Victims from Retaliation

JUL 2019

By Robert H. Tyler, Attorney at Law, Ashley A. Richardson, Law Clerk

By law, employers in the State of California are prohibited from retaliating, discriminating, or terminating an employee who is a victim of sexual harassment, stalking , sexual assault, or domestic violence. Employers must be on notice of the harassment or have actual knowledge of the harassment. Assembly Bill - 171 , commencing July 1, 2020, has been presented to broaden the protections available for these victims.

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Bankruptcy: What You Need to Know Before Filing

JUN 2019

By Robert H. Tyler, Attorney at Law, R. Todd Frahm, Attorney at Law

Sometimes, the only viable solution to handling serious financial hardship is filing a Chapter 7 bankruptcy. This process is recognized as a helpful option for those looking to relieve overwhelming, unpayable debts. However, in pursuing a Chapter 7 bankruptcy, it’s important that the filer understand how bankruptcy will impact their property ownership.

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What is Transmutation in Estate Planning?

JUN 2019

By Robert H. Tyler, Attorney at Law, R. Todd Frahm, Attorney at Law

When a married couple resides in the state of California, they have the option to accumulate “separate property”, “community property”, “quasi-community property”, or any combination of these three characterizations.

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California Uniform Trust Decanting Act: Changing an Estate Plan

MAY 2019

By Robert H. Tyler, Attorney at Law, R. Todd Frahm, Attorney at Law

In September 2018, the Uniform Trust Decanting Act was passed in the state of California. This act is designed to allow trustees to make modifications to the terms of a trust through the process of “decanting” the trust...

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All Counties and Charter Cities Need to Comply with Minimum Wage Laws

APR 2019

By Robert H. Tyler, Attorney at Law, Ashley A. Richardson, Law Clerk, Linda Conaway, Legal Assistant

The minimum wage in California is increasing annually over the next few years. In Marquez v. City of Long Beach, 244 Cal. Rptr. 3d 57 (2019), the Court of Appeals recently ruled that these wage laws apply to all public employers, including those in all counties and charter cities...

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California Nonprofit Donor Disclosure Law: Ninth Circuit Declines Rehearing

APR 2019

By Robert H. Tyler, Attorney at Law, Ashley A. Richardson, Law Clerk, Linda Conaway, Legal Assistant

The Ninth Circuit Court of Appeals refused the request for reconsideration of a decision regarding California disclosure laws for nonprofit donors....

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Ruling: Domino’s Pizza is Ordered to Provide an ADA Compliant Website

MAR 2019

By Robert H. Tyler, Attorney at Law, Ashley A. Richardson, Law Clerk, Linda Conaway, Legal Assistant

The Ninth Circuit Court of Appeals ruled on January 15, 2019 that Domino’s Pizza must update their mobile app and website so that its online services are available for people with visual impairments...

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California Competes Tax Credit for Growing Business

MAR 2019

By Robert H. Tyler, Attorney at Law, Ashley A. Richardson, Law Clerk, Linda Conaway, Legal Assistant

The California Competes Tax Credit was approved by Gov. Jerry Brown in 2013. It is offered as an income tax credit for businesses that are: 1. Currently located in the state of California and want to expand, or 2. Relocating to the state...

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New Laws in 2019 You Should Know About

FEB 2019

By Robert H. Tyler, Attorney at Law

California’s lawmakers have been hard at work in our state capitol, creating and voting on thousands of bills. As of January 1, 2019, the state legislature passed, and the governor signed over a thousand new laws...

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Major Changes in California Law for Employers

JAN 18, 2019

By Robert H. Tyler, Attorney at Law

This year the California Legislature passed new laws that drastically change the responsibilities of employers in California. What do the new laws mean for you as an employer?

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