We have written several times about the impact of California’s unlicensed contractor disgorgement law – Business and Professions Code section 7031(b). The Ninth Circuit Court of Appeal, reviewing a bankruptcy matter, recently held that a judgment for disgorgement is dischargeable in bankruptcy.
R.E.A.C.H. February 2010: Non-Refundable Escrow Deposits
When is a deposit to escrow in a residential real property transaction non-refundable? In early February, the Fourth Appellate District Court weighed in on this subject.
The Complications of Overtime Exemption Laws in a Service Economy
“Hello, I’m Ronald Reagan speaking for General Electric. At General Electric, you know, ‘progress is our most important product.’ But, all progress must have a starting point.
R.E.A.C.H. January 2010: Presumed Notice of Title Conditions
The Sixth Appellate District Court recently held that a home purchaser’s receipt of his deed constitutes “actual notice” of the conditions of title to the property even if the buyer does not read the deed. That actual notice starts the statute of limitations for any claims based upon title to the property.
R.E.A.C.H. October 2009: Contractors Must Disgorge All Money Received for Unlicensed Work
The law regarding unlicensed contractors has undergone significant change recently. This month we report on a recent appellate decision holding that an unlicensed contractor must disgorge all money received for the unlicensed work, without offset for costs incurred and without regard to the value of goods and services provided.
Sotomayor and Roger Traynor: The Job Interviews
All the focus on the speeches and writings of Supreme Court Justice Sonia Sotomayor before her confirmation got me thinking. What would we see if we scrutinized the speeches and writings of the California Supreme Court’s former Chief Justice, Roger Traynor, a great 20th century appellate judge who served on the California Supreme Court for nearly 30 years? asks Elizabeth Roth of GCA Law Partners LLP.
R.E.A.C.H. September 2009: New Case Law on Equitable Easements
R.E.A.C.H. July 2009: Loss of Broker’s License for $100 Misdemeanor Conviction
A real estate brokers’ license may be suspended or revoked by the Department of Real Estate based upon the broker’s conviction of a crime that is “substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued.” In this issue, we discuss what is “substantially related.”
R.E.A.C.H. June 2009: Loss of Contractor’s License by Worker’s Compensation Fraud
California’s Insurance Commissioner recently identified worker’s compensation fraud as a pervasive problem in the construction industry. But the risks of worker’s compensation fraud have increased substantially, and the practice may be curtailed significantly.
R.E.A.C.H. May 2009: No Lis Pendens in Arbitration
The court of appeal has held that an arbitration is not an “action” that will support the recording of a lis pendens on title to real property.