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On behalf of Mohajer Law Firm, APC posted in civil litigation on Wednesday, May 17, 2017. All employees in Los Angeles and across California have certain rights at their jobs. When a person is terminated, it must be done according to the law. If there is a violation of employment law, the person who was subjected to wrongful termination has the right to seek compensation through civil litigation. No one is immune to being dismissed from a job and it can happen in what most would consider a dream job. Such is the case with the revelation of a dispute between a Major League Baseball team and a former employee with a famous name. The Los Angeles Dodgers are accused of dismissing Nick Francona from his job after he sought treatment for “invisible” wounds he suffered while a member of the U.S. military. Nick Francona is the son of the current manager of the Cleveland Indians and two-time World Series winning manager with the Boston Red Sox, Terry Francona. The younger Francona was an officer in the Marine Corps and served in the war in Afghanistan before returning to civilian life and working in baseball. Nick Francona alleges that the club terminated his contract because of his seeking help from an organization for veterans. He was offered settlements of $40,000 and $150,000, but he declined. Major League Baseball is conducting its own investigation into the matter. The Dodgers deny that they dismissed Francona due to discrimination. They say that they had tried to shift him from one department to another and Francona believed that he was being demoted. He is alleged not to have got along with his boss. The team offered to allow him to resign or he would be fired. He chose to be fired and they paid his contract prior to these allegations coming to light. For those who served in the military and are experiencing its aftereffects, discrimination at work is a problem that can cause them significant problems. If a job was lost and there was a breach of contract committed or any other illegal act based on a person’s military service, the person must realize that there are steps to take to seek compensation. Discussing a case with a lawyer can be enlightening for a former employee regardless of the type of job that the person had.

On behalf of Mohajer Law Firm, APC posted in civil litigation on Friday, August 4, 2017. Homeowners facing financial problems and the risk of loan default may lose their property under foreclosure. Property owners, however, may protect their foreclosure rights through civil litigation in California. A lender usually has a lien on a home or other property when the homeowner takes out a home equity loan, borrows money through a mortgage or refinances their mortgage. Most lenders foreclose on a mortgage through nonjudicial foreclosure. For this to occur, the deed of trust must contain a power-of-sale clause that secures the mortgage by allowing the trustee to sell the home to liquidate the unpaid balance when the borrower defaults. The lender loses the right to obtain a deficiency judgment against the homeowner under nonjudicial foreclosure. However, this is quicker and less expensive than undertaking judicial foreclosure. A judicial foreclosure requires the filing of a lawsuit for a court order of foreclosure to sell the residence. This process is used when the mortgage or deed of trust lacks a power-of-sale clause. The property is usually auctioned off to the highest bidder. These foreclosures are rarely utilized but allows the lender to obtain a deficiency judgment. The homeowner also has the right of redemption allowing the repurchase of the home for one year from the successful bidder. Homeowners have rights to notice and to explore options to avoid foreclosure with the lender at a conference that must be held within 14 days. A borrower may not be forced to accept any plan that is negotiated in this conference. The foreclosure process cannot commence within 30 days of the first contact from the lender. If no resolution is achieved, the lender can record a notice of default in the county where the property is located. Homeowners have 90 days to attempt to cure the default. If the loan is not liquidated, the lender must issue and serve a notice of sale. It must provide information on the sale. A borrower has up to five days before the sale to liquidate the default and stop the sale. An attorney can help homeowners negotiate a plan to liquidate debt and preserve their ownership. They can also help assure that homeowner’s legal rights are protected during this process.