LAWS & PROCEDURES ARTICLES MAIN PAGE

6/6/2018· Laws & Procedures

Be Sure of Your Licensure

By: Darryl Horowitt

California law requires that contractors obtain the proper license before work can be performed on any project. (See Business & Professions Code § 7026.) Moreover, where a contractor files a lawsuit to recover monies owed for work performed, that contractor must plead and prove it was licensed at all times that the work was performed. (See Business & Professions Code § 7031.) The penalty for failure to maintain your license is severe. If you are unable to prove that you were licensed at all times, you are barred from recovering monies on any grounds, whether it be for breach of contract, fraud, or reasonable value of the services performed. (See Hydrotech Systems, Ltd. v. Oasis Waterpark (1991) 52 Cal.3d. 988.) But what happens if a contractor is licensed for most of the time that the work is performed and inadvertently allows his license to lapse for a period during the construction of a project? This article will discuss this issue.

2/6/2013· Laws & Procedures

Judicial Notice, A Misunderstood Tool

By: Antonio R. Sarabia II

Litigators often reach for doctrines such as res judicata or collateral estoppel to narrow the scope of a case. Res judicata prevents re-litigation of the same claim that was litigated in a prior case. Collateral estoppel prevents re-litigation of the same issue that was decided in a prior case.

11/17/2011· Laws & Procedures

Understanding Litigation

By: Darryl Horowitt, Esq

On virtually any day of the week, you can pick up a newspaper and read about a lawsuit. You read the article and say to yourself: "There but for the grace of God go I." Then, the seemingly inevitable happens: You receive a letter from an attorney (or their client) that you are to be sued, or worse, you are served with a lawsuit.

5/14/2009· Accident Investigation & Reconstruction

The Frye Standard: Determining the Admissibility of Event Data Recorders for Traffic Accident Reconstruction in Illinois

By: Shawn Gyorke

While the information recorded on event data recorders (EDRs), commonly referred to as vehicle black boxes, is tremendously helpful in determining how a traffic accident occurred and in improving safety, it was not until recently that EDR data was legally challenged in Illinois and ultimately accepted

9/24/2008· Animals

Record Keeping

By: Steven D. Nicely

This statement does not favor drug interdiction it favors the drug smuggler. When the court does not take a team's past into account and rule on the probability of finding drugs before the physical search begins they are allowing dogs that should not be on the street to remain on the street

4/3/2008· Finance

Trustee's Report: Chapter 11 Reorganization, Likelihood Of Success

By: William F. Herzog

The Debtors consist of 13 nursing facilities and a management company. The Debtors operations commenced in May 2004. Due to the age of the facilities, substantial maintenance expenditures have been, and likely will be, required on a going forward basis

2/18/2005· Finance

Aristocracizing America

By: Herbert B. Siegel, PhD

Beginning with The Bank Holding Act of 1956 that exempted Industrial Loan Companies from federal banking regulations except for keeping them eligible for government- sponsored FDIC insurance, these secondary lenders were a valuable source of high interest loans to a public segment otherwise unbankable. A financial stranglehold has proliferated on all citizens, however, because of misusing an otherwise well conceived statute

12/12/2004· Medical - Medicine

A Patient's Bill Of Rights

By: Martin Bell, MD, JD

The tragic events of 9/11 have diverted attention from the public debate in Washington about a national patients' bill of rights. The idea behind such legislation is that patients should have the right to sue their HMO or managed care insurer for money damages if their coverage is wrongfully denied, treatment is delayed or withheld, and their health is seriously damaged as a result

8/4/2004· Computers

Recognizing Early The Signature Of Dispro - The IT Disaster Project

By: Dr. Stephen Castell

I spent much of a whole year recently investigating why a major IT outsourcing deal broke down, and had given rise to the largest software contract dispute yet seen in the English High Court