Diemer & Wei, LLP

Ready for some holiday cheer at the annual SCCBA Women Lawyers Section Holiday luncheon!

https://www.diemerwei.com//palo-alto-imposes-moratorium-on

The San José City Council has enacted a temporary eviction moratorium in response to the COVID-19 pandemic. The moratorium is in effect through April 17. https://www.diemerwei.com//san-jose-imposes-moratorium-on-

We’ve moved to 55 S. Market!

Christmas in the park means a tall hot cocoa with a snowman on top!

Ready for some holiday cheer at the annual SCCBA Women Lawyers Section Holiday luncheon!

CASE UPDATE: In a recent California Court of Appeal decision, the California Insurance Guarantee Association (CIGA) sued the entity that administers workers’ compensation claims for the Mountain Empire Unified School District (JPA) to seek a redetermination of the cause of an employee’s injury to decide who should pay an award. The employee and the school district had signed a stipulation for the award before the Worker’s Compensation Appeals Board (WCAB) which characterize...d a neck and elbow injury as a specific event injury, even though all evidence indicated that the injury occurred over time as a result of repetitive use. This characterization of the injury determined which excess insurer was liable. The Court of Appeal concluded that there was jurisdiction for the trial court to re-visit the cause of the injury. The Court ruled that issues that impact only who will pay an employee’s claim (not whether or not the employee is entitled to payment) are issues for courts of law, not the WCAP. The effect of that decision in the present case was that the school district’s attempt to direct liability to a particular excess insurer through a stipulation was ineffective. Essentially consent of the insured did not cure the problem. California Insurance Guarantee Association v. San Diego County Schools Risk Management Joint Powers Authority et al. (October 30, 2019) California Courts of Appeal, Fourth Appellate District, Division One.

Equitable easements, a higher standard enumerated by this recent opinion. https://www.diemerwei.com//what-use-constitutes-adverse-us

CASE UPDATE: The Ninth Circuit has expanded the scope of claims that are subject to arbitration clauses to include racial discrimination claims... https://www.diemerwei.com//ninth-circuit-rules-that-arbitr

Helpful caselaw for creditors - Under The Uniform Voidable TransferAct, Judgment Creditors May Reach Debtor’s Spouse’s Property Despite a Premarital Agreement. https://www.diemerwei.com//under-the-uniform-voidable-tran

Overturning 27 years of precedent, the CA Supreme Court clarifies 580d for juniorlienholders. https://www.diemerwei.com//case-update-junior-lienholders-

Last week, the First Appellate District held in a case of first impression that a lender may not force the borrower to pay previously deferred amounts (from a loan modification) in order to reinstate the loan. #lendinglaw #foreclosure #trusteessale #loanmodification https://www.diemerwei.com//california-borrowers-cannot-wai

In a recent decision, the Ninth Circuit held that proceeds from goods held by a consignee at the time of a bankruptcy filing are subject to the perfection and priority rules in the Bankruptcy Code. https://www.diemerwei.com//always-perfect-your-interest-a-

Considering how easy it is to form partnership in California (even accidentally, since intent is not required either), it is important for a savvy business person to be informed about what will cause the partnership to end and what happens when it does end. [Read More] https://www.diemerwei.com//how-small-partnerships-end-in-c