Design Professionals Beware: Your Stamp May Cost You
In the recent case of Beacon Residential Community Assn. v. Skidmore, Owings & Merrill LLP (2014) 59 Cal.4th 568, 572, the California Supreme Court held that an architect owes a duty of care to homeowners where the architect is a principal architect on the project. A Principal Architect is one who is not subordinate to any other design professional-even if the architect does not actually build the project or exercise ultimate control over construction decisions.
Recent Appellate Decision May Help To Defeat Real Estate Fraud Claims in Specific Cases
In Steven Hoffman v. 162 North Wolfe LLC (Santa Clara County), The California Court of Appeals, Sixth District, has recently ruled that a property owner has no duty to disclose the existence of a prescriptive easement to a prospective purchaser of an adjoining parcel. The decision significantly narrows the duty of a neighboring easement holder to disclose facts related to the easement and also provides support for future dispositive motions.
Deducting an Exempt Employee’s Vacation/Paid Time Off Accruals for Partial Day Absences in any Increment Does Not Destroy their Exempt Status
On July 21, 2014, the California Court of Appeal affirmed the trial court’s decision in Lori Rhea v. General Atomics, Cal.Rptr.3d ----, 2014 WL 3565429, holding that exempt employees may use accrued vacation/paid time off (PTO) leave time in any increment without jeopardizing an employee’s exempt status.
Ericksen Arbuthnot’s Appellate Practice Group Achieves Significant Victory: Court of Appeal Enforces Liability Release and Establishes New Precedent Awarding Deposition Subpoena Costs
Ericksen Arbuthnot’s Appellate Practice Group has notched another win. In a decision rendered on June 27, 2014, the First Appellate District affirmed the trial court’s order granting summary judgment in favor of Ericksen Arbuthnot’s client and awarding deposition costs. (Naser v. Lakeridge 2014 WL 2922405.).
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