Tag: California

The Poisoned Foreclosure – Lawyers Beware of the Affirmative Duty to Search Records

A Sacramento bankruptcy judge issued a hard hitting judgment against Bank of America for the way it handled a single residential foreclosure in Lincoln, California.  Referring to the famous novelist whose works evoke oppressive and nightmarish characteristics, Judge Klein wrote: “Franz Kafka lives… [and] he works at Bank of America.”  This ruling has been widely … Continue Reading

Brokers Beware: Acting as a Dual Agent Means Expanded Fiduciary Duties in California

It is well known that under California law a real estate broker may act as a “dual agent” for both the seller and the buyer in a property transaction, provided both parties consent to the arrangement after full disclosure. In such representation, a dual agent owes fiduciary duties to both buyer and seller.  Pursuant to … Continue Reading

Choice of Law Provisions Cannot Bypass California’s Prohibition on Jury Waivers

Last week, the California Court of Appeal ruled that a property owner was entitled to a jury trial in a dispute with a lender despite the fact that the loan agreement contained a jury waiver provision and a New York choice-of-law provision. The case involved the San Francisco apartment complex known as the Rincon Towers. … Continue Reading

Heavy Fines for All: Working Without a Contractor’s License in California is Costly

I am surprised, and yet not surprised, to read about yet another subcontractor and general contractor that were cited for the subcontractor’s lack of a California contractor’s license. See "Another Subcontractor on Large Southern California Project Told To Halt Work, Fined for Not Having Contractors License" (May 13, 2014 notification by CSLB — see below). … Continue Reading

California CSLB’s Reminder for C-57 Licensees

In the midst of a serious California drought, water concerns have brought with it a rise in well drilling.  Today, the California Contractors State License Board sent out a timely reminder that C-57 well drilling licensees in the Central Valley must register portable internal combustion engines of 50 horsepower or greater used to power drilling … Continue Reading

When Is a Private Project a Public Work for Prevailing Wage Application in California?

In recent years, the Department of Industrial Relations (“DIR”), the Legislature and the California courts have expanded the application of the prevailing wage law to projects through the broad definition of a “public works,” beyond what most contractors, owners and even counsel would expect.  While most involved in construction anticipate that any work directly for, … Continue Reading

Contractor’s “Wage Theft” Enforcement Increased on California Public Projects

The California Labor Commission, also known as the Department of Labor Standards Enforcement, which is a division of the Department of Industrial Relations, is “reinvigorating” its enforcement actions against public contractors that try to dodge the state’s wage and labor laws. Recently, the Commission issued orders and hefty fines to nine contractors for violations totaling over … Continue Reading

Construction Project Managers Not Required to Be Licensed for Private Projects Under California’s State Licensing Laws

In a case of first impression, the Second Appellate District Court of California recently considered whether an entity that provided construction management services to a private owner was required to be licensed under California’s Contractor’s State Licensing Law. (The Fifth Day, LLC v. Bolotin (2009) 172 Cal.App.4th 939.) The Court’s response was a surprising and … Continue Reading
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