California laws protected against foreclosure

On behalf of Mohajer Law Firm, APC posted in civil litigation on Thursday, March 29, 2018. California homeowners have oftentimes faced the frightening risk of civil litigation that could take their homes, especially during the mortgage crisis 10 years ago. However, California law provided essential protections against mortgage foreclosure that were unavailable elsewhere. The first law, Senate Bill 1137, was passed in July of 2008 and remained in effect through 2012. Lenders had to make greater efforts to alert distressed homeowners of pending foreclosure. Good-faith and personal notification had to be made through a phone call or email. Earlier, lenders only sent a letter notifying borrowers of their intent to foreclose. Borrowers had the right to discuss ways to modify mortgages. Fines of up to $1,000 per day could also be imposed upon lenders who did not properly maintain the property. This law slowed down foreclosures. According to estimates, it prevented 10,000 foreclosures in the first three months it was in effect. The second law was passed in February of 2009 and provided other relief. Lenders had to wait six months before sending a notice of default to disclosure if they did not offer loan modifications options to homeowners. This doubled the three-month wait that was standard in the state before the mortgage crisis. These laws persuaded lenders to consider more mortgage modifications. The modification rate in the state grew by 27 percent after the laws took effect. Also, these modifications helped preserve the solvency of banks by lowering take-back property seizures when property values were dropping. California’s mortgage problems also dropped below the national rate. These protections reduced foreclosures in the state by 16 percent and prevented 124,000 foreclosures. This preserved $310 million in housing wealth across the state. California laws were unique by providing more relief than federal laws. The federal government only provided an opportunity for distressed homeowners to apply for relief without inducing lenders to agree to modifications with homeowners. Source: The Sacramento Bee, “How two smart California laws kept the 2008 mortgage crisis from being far worse,” Stuart A. Gabriel and Chandler Lutz, March 13, 2018

Bro culture cited in Google termination lawsuit

On behalf of Mohajer Law Firm, APC posted in civil litigation on Thursday, March 22, 2018. At times, civil litigation may reflect ongoing social issues, such as the sexual harassment exposed by the “Me Too” movement. For example, a wrongful termination lawsuit was recently filed in California against Google, charging that the company permitted a workplace culture that diminished women. In her labor employment lawsuit, the employee alleged that she was the first female software engineer to obtain a position with the company, performed excellent work, earned positive performance evaluations and won workplace coding competitions. Nonetheless, the plaintiff claimed that a “bro culture” led to sexual harassment involving several lewd comments, inappropriate text messages and pranks over seven years. In January of 2016, according to the plaintiff, she returned to her desk to find a male co-worker emerge from under desk who said that she would never discover what he was doing under it. She believed that he was installing a camera. The human resources department repeatedly advised her to file an incident report, but she was concerned that she would be accused of being an informant. After HR deemed her uncooperative, she finally filed a report, which she claimed was never investigated. She was also shunned by her co-workers, according to her charges. The plaintiff took approved medical leave. After returning to work and resuming her assignments, she asked for additional time off for physical therapy appointments, according to the lawsuit. However, Google rejected her request and subsequently terminated her employment in February of 2016 because of performance issues. The plaintiff filed her labor lawsuit in February of 2018 after receiving approval by the California Department of Fair Employment and Housing. In her wrongful termination action, she charged that Google permitted a workplace environment that was hostile to female employees and then fired her after she reported that alleged abuse. This workplace atmosphere, which was left uncorrected, allegedly played a role with her suffering sexual harassment and gender discrimination. Google denied these claims and said that it has strict workplace harassment and discrimination policies. The company also stated that every complaint is properly reviewed. Source: Lawyers and Settlements.com, “Google hit with another California wrongful termination lawsuit,” Gordon Gibb, March 5, 2018

These coparenting tips will change everything for you

On behalf of Mohajer Law Firm, APC posted in child custody on Monday, March 19, 2018. If you are considering divorce or leaving a long-time partner, you’ll naturally begin to turn your attention to the future. How will you get by on your own? What’s the best way to raise your children? Most importantly, will you be able to co-parent successfully? No one should ever tell you that parenting is easy. Challenges will arise every now and again. Even though you can expect some bumps along the way, there are many things you can do that will put you in a better position for success. Four tips for making co-parenting a success Here are several co-parenting tips that can change things for the better: Be considerate. You definitely need to care for yourself after your divorce, but you still need to take your ex’s feelings into consideration. He or she is also going through a difficult time, so make sure you keep this in mind when making parenting decisions. Be as flexible as possible. While you want to follow your parenting agreement closely, there will be times when you need to make changes. Being flexible can go a long way in helping you avoid unnecessary arguments. Avoid unnecessary arguments. When co-parenting, an argument can pop up out of nowhere. This is normal, especially at the beginning when you are both getting used to a new routine. Pick your battles, or you’ll find yourself squaring off against your ex-partner all too often, which can negatively impact not only you but also your children. Continue to communicate. Even if you had a messy divorce or separation, co-parenting is all about communicating with your child’s other parent. You should find a strategy that works for you, such as text messaging or chatting on the phone. Once you find a communication channel that works, stick with it unless or until you need to make a change. The most important thing to remember is that your children always come first. If both you and your ex-partner take this approach, you’ll be in a better position to make the right decisions.

Data breach lawsuit may continue

On behalf of Mohajer Law Firm, APC posted in civil litigation on Thursday, March 15, 2018. Data breaches have become frightening. These incidents have imposed costs, loss of confidentiality and serious inconvenience to email users. In one case, a California federal court judge ruled that victims of data breaches may continue their civil litigation. Yahoo was accused of failing to timely address three data breaches in 2013 and 2016. The breaches were blamed for increasing email users’ exposure to identity theft and spending money on protection services, such as credit freezes and monitoring. These breaches were revealed after Verizon agreed to buy Yahoo’s Internet business last June. This led to a lower purchase price of $4.5 billion. Plaintiffs ultimately filed a lawsuit against Verizon, as purchaser of Yahoo’s Internet service. They alleged that personal information was compromised in these data breaches. Last October, they amended their complaint to include Yahoo’s disclosure that the breach impacted 3 billion users. This tripled earlier estimates. A federal judge in San Jose denied Verizon’s motions to dismiss breach of contract, negligence and other claims earlier this month. Previously, she denied Yahoo’s request to dismiss some claims of unfair competition, but dismissed some of the other charges in the complaint. The judge cited the amended complaint as demonstrating that security played an important role in the plaintiffs’ decision to choose Yahoo as their Internet email provider and they would have made other choices if they were notified of these problems. Because of their allegations that Yahoo knew that it had flawed security and did not address this problem, the plaintiffs can also try to prove that its term of service were unconscionable. Federal prosecutors filed criminal charges against two Russian intelligence agents and two hackers for one of the Yahoo breaches in March 2017. One of the accused hackers, a Kazakhstan-born Canadian, pled guilty to charges of identity theft and conspiracy. The other accused are avoiding prosecution by staying in Russia. Victims of identity theft or cases where a company did not meet contract terms, abide with legal requirements or make appropriate disclosures should seek legal assistance. An attorney can help try to obtain compensation in these cases to help make up their losses. Source: Reuters, “Data breach victims can sue Yahoo in the United States: judge,” Jonathan Stempel, March 12, 2018

CarMax lawsuit given green light

On behalf of Mohajer Law Firm, APC posted in civil litigation on Thursday, March 8, 2018. A manufacturer who does not meet their contract responsibilities can harm consumers and face civil litigation. In a case that may have an impact across the nation, a California appellate court ruled earlier this year that a woman can sue CarMax for the sale of a car with an unfixed safety recall. The plaintiff charged that CarMax sold her a 2008 Hyundai Elantra in 2013, but did not tell her that there was a manufacturer’s recall for the stop lamp switch. This device turns on a light when the break is pressed. In 2013, thousands of Elantras were recalled for this defect. A California trial court ruled in CarMax’s favor and dismissed the lawsuit in January of 2016. It held that the complaint did not contain sufficient alleged facts for breach of contract, breach of warranty and misrepresentation that was not fixed or limited by the express warranty. The plaintiff, with the help of the Consumers for Auto Reliability and Safety, appealed. The appellate court reversed this ruling and reinstated the lawsuit. The appeals court ruled that CarMax did not provide full disclosure and dealers cannot sell recalled vehicles without disclosing recalls, according to the Consumers for Auto Reliability and Safety. The consumer group also interpreted the opinion as ruling that the cars did not comply with the implied warranty that the car was merchantable under two state laws. This ruling, if it withstands an appeal, could affect lawsuits in other states that have consumer protection laws like California. It could also make CarMax liable in cases where it does not disclose safety recalls when selling preowned cars. CarMax issued a statement that it leads the industry with providing transparency with recalls and sharing this information to consumers. It said that it complies with the court’s ruling that dealers disclose open recalls when it is aware of them. CarMax may appeal the ruling to the state Supreme court. The appellate court decision is not a finding of legal liability and allows the lawsuit to proceed to a trial. Source: Richmond Times Dispatch, “California case questions CarMax’s policy on informing consumers about recalls,” Tammie Smith, Feb. 27, 2018

Conversion therapy may be labeled fraudulent

On behalf of Mohajer Law Firm, APC posted in civil litigation on Wednesday, February 28, 2018. False and deceptive practices associated with mental health or medical care may have long-term and harmful consequences. The California legislature is considering a bill that provides another civil litigation tool for victims of this fraud. The bill treats practicing or advertising conversion therapy as consumer fraud under California’s consumer protection laws and allow individuals to file a private lawsuit against practitioners. Conversion therapy is falsely promoted as a cure for LGBT people. Unacceptable, professionally questionable and even cruel treatments include hypnosis, injections and electric shocks. Major medical and mental health organizations across the world uniformly discredit this therapy. The bill, in its current form, makes conversion therapy an unlawful practice under the state’s Consumer Legal Remedies Act. Advertising, offering to engage in or engaging in sexual orientation change efforts with another person would be illegal. The law would also allow any consumer who suffers damages from unlawful conversion therapy to bring a legal action against that person for damages and other losses. The Legislative LGBT caucus sponsored this bill. Although state law already prohibits this therapy for minors, proponents argue that adults also need protection. A spokesperson for the National Center for Lesbian Rights, a supporter of this bill, pointed out that people who underwent this therapy with a licensed therapist or unlicensed organization often learned that they wasted years of their lives with this treatment and thousands of dollars on fraudulent promises. Other states are considering similar measures. Legislators in Florida and Maine are considering bills that would prohibit physicians and counselors from using this therapy on minors. Illinois, Massachusetts and Connecticut already passed laws making conversion therapy with minors illegal. Source: Court House News, California leaders move to call conversion therapy fraud,” Nick Cahill, Feb. 23, 2018

Lawsuit involves retaliation and different accounts

On behalf of Mohajer Law Firm, APC posted in civil litigation on Wednesday, February 21, 2018. Parties to civil litigation often present widely different versions of facts. A party cannot prevail in court unless compelling evidence is presented to a jury supporting their case. A recent Napa Valley wrongful termination lawsuit, for example, involves different accounts from the employee who filed a wrongful termination lawsuit against the resort that fired him. The plaintiff, the former director of facilities for the resort, argued that the resort fired him in retaliation for seeking compliance with the Americans with Disability Act, accurate reporting of water usage and obtaining required permits. This began, according to the allegations, when the defendant assumed ownership of the resort in 2013 and renovations started. In 2014, the resort did not install ramps between the deck and patio and lifts at hot tubs and pools so that guests with disabilities could use these facilities, according to the complaint. He also charged that he obtained a permit for the drilling of a well in 2015, but the facility did not obtain permits for related electrical and water connections. The resort allegedly refused his other requests to seek legally-required permits. Additionally, he noted a document error concerning water consumption submitted to local officials. These were ignored by the resort and he was left out of important business meetings. His suggestion that he focus on water issues and turn over less important matters to anther colleague was rejected. Instead, he was offered a flat monthly rate and his duties were assigned to an outside vendor. A week after a tense meeting with the resort’s CEO, he took this offer. The resort allegedly informed him that it accepted his resignation, which he did not offer. The resort claimed that the water issues took place before its ownership and that it worked with local officials to resolve it after it learned about the problem. The resort also claimed that the ADA issues were solved once they learned about them. The resort described the lawsuit as being driven by the plaintiff’s personal agenda and failure to renegotiate his contract. Lawyers may help workers obtain and present facts necessary for a lawsuit. This can help protect their jobs and right to compensation for wrongful termination. Source: California Labor Law News, “California wrongful termination lawsuit filed against resort in Napa Valley,” Gordon Gibb, Feb. 8, 2018

Protect children from a non-marital union during your breakup

smohajer
February 13, 2018
Blog
0 Comments

On behalf of Mohajer Law Firm, APC posted in blog on Tuesday, February 13, 2018. It is more common now than ever in the past for couples to live together and have children without getting married. More and more people see marriage as little more than a state-issued piece of paper recognizing their union, so they don’t bother with it. There can be some benefits to remaining unmarried, such as ease of ending the relationship and maintaining separate assets. You also don’t incur the sometimes staggering costs associated with a wedding. However, there are potential complications to separating if you have children together. In California, if you have kids while married, the state simply assumes the husband is the father. When you aren’t married, however, there may be additional steps required if you want to seek child support, obtain visitation or share custody of your children. Establishing paternity is an important first step Whether you are the father or mother of the children involved, proving paternity is a critical step to enforcing your rights as a parent. The simplest way to do this is for the father and mother to execute documents legally acknowledging paternity. This form, called a Declaration of Paternity, allows both parents to legally claim their relationship with the child. If both parents sign this form at the time of birth, the father’s name will appear on the birth certificate. You also have the right to execute this form at a later time. In that case, you have to sign the document at a local child support agency, registrar of births, local superior court or a Welfare office. If either parent contests paternity, you can ask either your local child support agency or the California family courts to help establish parentage. Even if you weren’t married, your children deserve support If you are the custodial parent of the children, you already likely know the expense involved in caring for your children. Child support helps ensure that you can provide a decent standard of living, including housing, food, clothing, school supplies, and other necessities. While you may worry about the complications of visitation or shared custody, it is usually in the best interests of your children to remain close with both parents, regardless of whether or not they were married. If your ex has custody of your children, you may feel upset about paying child support. It’s important to realize that paying isn’t about your relationship with the other parent, it’s about the best interests of your children. Child support can help ensure they receive the things they need for a healthy, happy childhood and adolescence. Establishing paternity and paying child support shows your children that you love them and want the best for their lives and futures.

Microsoft ends forced arbitration requirements

On behalf of Mohajer Law Firm, APC posted in civil litigation on Wednesday, January 31, 2018. Mandatory arbitration has been a major obstacle for pursuing sexual harassment, discrimination, wrongful termination and other civil litigation concerning employment. Microsoft took a step to remove this difficulty by removing forced arbitration clauses from its employment contracts last month. Forced obligation provisions require employees to bring these claims to a private arbitrator instead of court. The results often remained sealed and undisclosed, and the conduct may continue because of this secrecy. Microsoft announced on December 19 that it reviewed its internal policies and decided to eliminate this clause from contracts that governed a small number if its employees. It also voided this requirement in existing contracts. The company’s move was prompted by the recent “#MeToo” movement. Shortly before its announcement, unsealed documents were released concerning a 2014 class action lawsuit against Microsoft that alleged gender discrimination. An intern claimed that another intern at the company assaulted her at an event after work. Although she filed a police report and told her supervisor, Microsoft still made her work with the alleged rapist and hired him at the end of his internship. The company also became the first Fortune 100 company to endorse a bipartisan bill, the Ending Forced Arbitration Act of 2017, that was introduced last December. If enacted, the bill would give sex discrimination victims the right to file these claims in court regardless of mandatory arbitration contracts. This bill was supported by former Fox News personality Gretchen Carlson. A mandatory arbitration clause in her employment contract prevented her from filing a lawsuit against Fox News over alleged harassment perpetrated by its late chairman, Roger Ailes. She ultimately and successfully sued Ailes directly. Until the passage of this bill and the elimination of mandatory arbitration contracts, aggrieved employees must overcome this legal struggle to pursue their harassment and discrimination claims. An attorney can help provide available options to pursue their claims and challenge these clauses. Source: American Association for Justice Trial News, “Microsoft voids forced arbitration clauses in employee contracts for claims of sex discrimination, harassment,” Diane M. Zhang, Jan. 25, 2018

How to know if you’re being victimized by domestic violence

smohajer
January 15, 2018
Blog
0 Comments

On behalf of Mohajer Law Firm, APC posted in blog on Monday, January 15, 2018. Domestic violence continues to run rampant throughout society. Chances are, you know someone who is currently suffering from some kind of domestic abuse, but they are so skilled at hiding it that you’re none the wiser. It’s even possible that you, yourself, are a victim of domestic violence, but you’re in denial. As community members, we all need to do our part to identify cases of domestic abuse and put a stop to it. Ultimately, however, domestic violence will only stop when abused individuals recognize they are being abused and seek help to make it stop. The signs of domestic violence Domestic violence often starts with relatively innocuous acts that have violent undertones. For example, a spouse might slam the door, break dishes, call the other spouse names or issue threats. These acts may then elevate to physical violence through pushing, slapping and hitting. Here are a few things to watch out for from your spouse if you are the person who is being victimized: Making all of your decisions for you. Threatening to take your children from you, and saying you’re a bad mother or father. Making threats to commit suicide. Causing you to stay home from school or work. Brushing off abusive actions as if they’re not a big deal. Threatening to hurt your pets. Intimidating you with weapons and guns. Choking you, hitting you, pushing you or slapping you. Threatening any kind of violence against you, your family or your friends. Embarrassing insults. Threatening looks or actions that put you in a state of fear. A controlling attitude about whom you can see, whom you can talk to and where you can go. Attempting to prevent you from spending time with friends and family. Taking your paycheck and your money from you, and requiring you to ask for money. Are you experiencing anything like the acts described above? If you have experienced any of the acts of domestic violence described above, it’s important for you to put a stop to it immediately. For one, you need to understand that all of the power of the law is on your side. Secondly, you can file for divorce if you so choose while receiving protection from the police against further abuse.

Category