The parties to an agreement agree upon a change to the terms. Should the change be labeled an "amendment" or a "new agreement". Often this will simply be a question of nomenclature. Sometimes, however, more the difference between an amendment and...
Over the years, I've made mental notes of some obscure California corporate law questions. Can you identify the following types of corporations corporations?
- At least five persons are required to form this type of corporation.
- Within six months...
Section 202(a) of the California Labor Code requires an employer to pay all wages within 72 hours when an employee resigns without notice. In one recent case, the employer sent the requisite check on time, and the amount stated in numerals on the...
Recently, I came to consider the potential ambiguity in the word "nonplussed". The word originally meant to be confused or perplexed, as in:
"Defense counsel, undoubtedly nonplussed, attempted to challenge the unexpected identification by asking,...
Last week, Broc Romanek posed the question "whether it’s okay to use footnotes when you write". My question for today is whether it is legal to use footnotes. It turns out that this is a question that the California legislature has actually...
The California legislature may soon be considering a bill that would revise the tax rates for publicly held corporations based on their compensation ratios. As introduced by Senator Nancy Skinner, SB 1398 would establish the following rates...
In June, I wrote about the California Supreme Court's disappointing decision in 926 N. Ardmore Ave. v. County of L.A., 2017 Cal. LEXIS 4768 (Cal. 2017). See California Supreme Court Affirms Novel M&A Tax. Readers may recall that the Supreme Court...
926 North Ardmore, California Sui Generis, California Supreme Court, documentary transfer tax, Mergers & Acquisitions, Proposition 13
Sometimes, the law is just weird. The case of PGA West Residential Ass'n, Inc. v. Hulven Int'l, Inc., Cal. Ct. App. Case No. E064270 (Aug. 9, 2017) is weirder than most. The lawsuit alleged that the defendant had tried to insulate the equity in...
bogus, California Sui Generis, deed of trust, fraudulent, Section 3439.09, sham corporation, statute of limiations, statute of repose, transfer, ufta
Most creditors likely assume that they have not been paid unless and until they receive checks from their debtors. In many cases that assumption may be correct, but in some cases it won't be. Section 1476 of the California Civil Code provides:
If...
California Sui Generis, Civil Code Section 1476, landlord, money order, performance, Section 3310, Sleep EZ v. Mateo, tenant, UCC, Uniform Commercial Code
California courts have defined "usury" as "the exacting, taking or receiving of a greater rate than is allowed by law, for the use or loan of money." Ross v. Wheeler 140 Cal. App. 217, 222 (1934). The California Constitution sets the maximum rate...
California Sui Generis, forbearance, Hardwick v. Wilcox, Ignazio Ruvolo, interest, loan, public policy, usurious, usury, waiver
Keith Paul Bishop
