Kronick, Moskovitz, Tiedemann & Girard

400 Capitol Mall, 27th Floor
Sacramento, CA 95814, United States

  • 916.321.4500
  • 916-321-4555

California Employers May Not Allocate Commissions Paid In One Pay Period To Different Pay Periods To Satisfy California Wage And Hour Laws

The California Supreme Court recently considered whether an employer may allocate an employee's commission wages from one pay period to other pay periods in order to meet the commissioned employee overtime exemption. (Susan J…more
| Labor & Employment Law

Under Well Established California Law, Judgment In Favor Of Borrower In A Lawsuit Brought To Foreclose A Mechanic's Lien After Property Had Been Foreclosed Upon And Sold To Third Party, Is Reversed And Remanded

The issue before the Second District Court of Appeal ("Appellate Court") in this published opinion was whether a senior trust deed holder loses its priority lien position after accepting a deed in lieu of foreclosure from its…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

Amended California Special Education Regulations In Effect

Nearly 14 years after President Bush signed the IDEA Improvement Act of 2004, special education regulations found in the California Code of Regulations, title 5, sections 3001-3088, have been updated and became effective July 1,…more
| Education

Update: Employee’s Refusal to Sign Written Disciplinary Notice Not “Misconduct” Under California Unemployment Insurance Code

Approximately two years ago, a California court of appeal held that an employee’s refusal to sign a disciplinary memorandum amounted to misconduct under the California Unemployment Insurance Code, disqualifying him from…more
| Administrative Law, Civil Procedure, Labor & Employment Law

Court Confirms Bank Can Be Held Liable for Conduct and Representations Occurring During Loan Modification Process

A California Court of Appeal recently held that a defaulting mortgagee can assert claims for breach of contract, wrongful foreclosure, unfair business practices and negligent misrepresentation against the foreclosing bank where…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Personal Injury, Real Estate - Residential

Court of Appeal Ameliorates (a Bit) the "Harshness" of Business and Professions Code Section 7031

California courts have variously described Business and Professions Code section 7031 as “draconian,” “harsh[ ]“ and “[u]njust[ ],” but nonetheless enforceable. Section 7031 both prohibits unlicensed or improperly…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Construction Law

Chartering Authority Must Make Findings Supported by Substantial Evidence Showing it Considered Increases in Academic Achievement for All Groups of Pupils Served by the Charter School as the Most Important Factor in Deciding Whether to Revoke a Charter

In American Indian Model Schools v. Oakland Unified School District (June 23, 2014, 139652) --- Cal.App.4th ---, the California Court of Appeal recently clarified a charter school may not be revoked unless there is substantial…more
| Civil Procedure, Civil Remedies, Education, Nonprofit Law

More Good News for California Employers Who Utilize Employee Arbitration Agreements

On the same day the California Supreme Court upheld an arbitration agreement containing a class action waiver in Iskanian v. CLS Transportation of Los Angeles, LLC, the Ninth Circuit Court of Appeals upheld employment…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

California Supreme Court Rules that Employers May Require Employees to Arbitrate Employment Disputes Rather Than Go to Court, Even if the Arbitration Agreement Contains a Class Action Waiver

On Monday, June 23, 2014, the California Supreme Court issued its decision in the closely watched case of Iskanian v. CLS Transportation Logistics Inc. In a 4-3 opinion, the Court finally agreed that the Federal Arbitration Act…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Labor & Employment Law

U.S. Supreme Court Holds Sworn Testimony Relating to Public Employee’s Employment Protected by First Amendment Where Speech is Outside Scope of Employee’s Ordinary Job Duties

Recently, the United States Supreme Court granted certiorari to resolve whether a public employee’s testimony in response to a subpoena is entitled to First Amendment protection where providing such testimony is outside the…more
| Civil Procedure, Constitutional Law, Labor & Employment Law

Delivery Drivers Classified As Employees Despite Signed Agreement Purporting To Establish Independent Contractor Relationship

Recently, the United States Court of Appeals for the Ninth Circuit, applying California law, concluded that delivery drivers who signed agreements stating they were independent contractors and not employees would still be…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Transportation

L.A. Superior Court Rules Key Teacher Tenure, Dismissal, and Layoff Statutes Unconstitutional

In a much anticipated and well-publicized tentative ruling, the Los Angeles Superior Court (“trial court”) issued a tentative ruling on June 6, 2014 in Vergara v. State of California, Case. No. BC484642. Plaintiffs in the case…more
| Civil Procedure, Constitutional Law, Education, Labor & Employment Law

Court Of Appeal Affirms Dismissal Of Action Against Numerous Financial Institutions Alleging Mortgage And Deed Of Trust On Residence Were Improperly Sold At Foreclosure

Pro Se Plaintiff Yvanova sued a number of financial institutions after her residence was nonjudicially foreclosed alleging one cause of action to quiet title to her residence in herself. Among other things, Plaintiff alleged…more
| Civil Procedure, Finance & Banking, Real Estate - Residential

Bank's Decision To Draw From Letter of Credit Does Not Extinguish Entire Debt Because Debt Was Clearly Not Paid In Full

In this breach of commercial guaranty decision, the Court of Appeals reversed the trial court's grant of a motion for nonsuit in favor of the guarantors. The basis for the reversal was that the lender's draw on a letter of…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking

Fees Associated With Foreclosure Process May Not be Imposed On Servicemembers Protected By The Servicemembers Civil Relief Act

The Servicemembers Civil Relief Act ("SCRA") prohibits nonjudicial foreclosure proceedings during, or one year after, a servicemember's military service. In Brewster v. Sun Trust Mortgage Inc., 742 F.3d 876 (9th Cir. 2014), the…more
| Civil Procedure, Civil Rights, Finance & Banking, Military Law, Real Estate - Residential
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Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Civil Rights
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Insurance
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • California
Number of Attorneys

50-100 Attorneys

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