Trust & Estate

3 QUESTIONS EVERY TRUST SHOULD ANSWER Who will be in charge of my Trust assets if I become incapacitated or when I die? How will my Trust assets be managed or distributed when I die? Which assets will be put inside my trust? NOTICE: Attorney advertising. Attorney licensed to practice law in California only. Not…

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COVID-19 EPIDEMIC, Frequently Asked Questions

Question: Does insurance cover my losses? Potentially. Many policies have a pathogenic or virus exclusion that prevents coverage of COVID-19 losses. Potentially. Many policies have a pathogenic or virus exclusion that prevents coverage of COVID-19 losses. Question: What if I can’t meet my outstanding obligations? Contact your creditor before payment is due. Many banks, lenders,…

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New Guidance – FFCRA Exemption

The Dept. of Labor has provided new guidance for those planning to apply for the FFCRA exemption: To elect for this small business exemption, you should document why your business with fewer than 50 employees meets the criteria set forth by the Department. This will be addressed in more detail in forthcoming regulations. You should…

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COVID-19 Epidemic – How It Impacts You (Part 1)

Question: Can I temporarily close my business? Yes. This pandemic has forced many of us to make tough decisions. Temporarily closing may be the best financial option for many of us. If you choose to do so, review your franchise agreement. It may restrict you from doing so. Even so, many hotel chains recognize the…

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COVID-19 Epidemic – How It Impacts You (Part 2)

Question: If I cease operations, what happens to my employees You have two options: (1) Layoff your employees or (2) Furlough your employees Laying Off Employees Going this route, you are essentially terminating your employees with the possibility of later reinstating them. Make sure to pay your employees for all hours worked and any vacation/paid-time…

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COVID-19 and Hotel Operations

FAQ – GUEST ISSUES  Question: Am I allowed to continue Operations in California?  Answer: Yes. But you must reduce to minimum basic operations.  Make sure you are up to date on government orders, which are changing daily.    Q: Can I refuse to accommodate a guest who has Covid–19?  A: Yes. California courts have cited…

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Kim V Reins International California, INC – A Devastating Blow to Employers

The Court held that an employee’s individual settlement does not stop the individual from filing a PAGA lawsuit.  Due to the decision in Kim, Plaintiffs’ lawyers will be bringing many more frivolous PAGA suits, even after the “aggrieved employee” has been individually compensated. NOTICE: Attorney advertising; Attorney licensed to practice law in California only; Not…

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Franchise Negotiations

Which Terms should you Negotiate?  Term of the Agreement & Exit Windows  Area of Protection  Fees: Royalty and Marketing  Property Improvement Plan  Ownership Transfer  Liquidated Damages  Default Provisions NOTICE: Attorney advertising; Attorney licensed to practice law in California only; Not intended as legal advice; No attorney-client relationship created hereby.

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How AB 1482 Effects Just Cause Evictions

AB 1482 prohibits evictions without just cause. For tenants that have lived in a unit for at least one year, AB 1482 pro- hibits evictions and non-renewals of leases without “just cause.”  There are two types of “just cause”: (1) “At Fault Just Cause,” and (2) “No-Fault Just Cause.”  At Fault Just Cause: includes failure…

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