Allen, Baker & Stephan, PC 2026-07-07T16:00:29Z https://www.mballenlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1301389/2020/08/fav-75x75.png by Allen, Baker & Stephan, PC https://www.mballenlaw.com/?p=46915 2026-06-22T09:09:30Z 2026-06-22T09:09:30Z

There are different levels of courts depending on the amount in controversy.
In California, smaller disputes may be handled in small claims court, while larger disputes proceed in limited or unlimited civil jurisdiction depending on the amount sought. Different courts have different rules, procedures, and limitations.

Surprises are generally not allowed at trial.
Courts have extensive procedural rules designed to prevent “trial by ambush.” Before trial, the parties exchange information through a process called discovery, which may include written questions, requests for documents, and depositions conducted under oath.

Lawsuits often move slowly.
Litigation rarely resolves overnight. Courts frequently have crowded dockets, and cases can take months or even years to reach trial. In the meantime, parties often engage in extensive motion practice, discovery, and settlement discussions.

Most cases settle before trial.
Parties typically have multiple opportunities to resolve a case before trial. One common method is mediation, where the parties meet with a neutral third party—often a retired judge or experienced attorney—to attempt to negotiate a resolution.

If you bring a claim, you generally must prove it with evidence.
Courts require evidence to support claims and defenses. In more technical matters—such as lost profits, professional standards of care, medical issues, or complex damages—expert witnesses are often necessary to provide opinions and analysis.

Damages must usually be supported with documentation or testimony.
A party cannot simply estimate damages without support. Courts generally expect evidence such as receipts, invoices, financial records, contracts, photographs, expert analysis, or other documentation showing the nature and amount of the claimed loss.

Courts can impose serious penalties for misconduct during litigation.
Courts have broad authority to sanction parties who destroy evidence, fail to comply with court orders, abuse the discovery process, or engage in bad-faith litigation tactics. Sanctions can range from monetary penalties to, in extreme cases, dismissal of claims or defenses.

Not every case is decided by a jury.
Some cases are decided by a jury, while others are decided solely by a judge in what is called a bench trial. In certain situations, parties may waive the right to a jury trial altogether.

Ignoring a lawsuit can have serious consequences.
Once a person or business is properly served with a lawsuit, strict deadlines apply. Failing to respond may result in a default judgment, meaning the opposing party could obtain judgment without a trial.

Winning a judgment does not automatically result in payment.
A judgment is only the first step. The winning party may still need to take additional steps to enforce the judgment, including wage garnishments, bank levies, liens, or other collection procedures.

Litigation can be complicated, time-consuming, and expensive, but understanding the process can help individuals and businesses make more informed decisions when disputes arise. If you have questions regarding a lawsuit, litigation strategy, or business disputes, contact us to discuss your situation. Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Readers should consult qualified legal counsel regarding their specific circumstances.]]> by Allen, Baker & Stephan, PC https://www.mballenlaw.com/?p=46914 2026-06-22T09:11:21Z 2026-06-19T06:34:55Z

Is this employee truly a manager?

Does the employee qualify as exempt?

What duties must the employee perform?

How much must the employee be paid?

What distinguishes an exempt manager from a non-exempt employee?

Under California law, exempt employees are employees who satisfy specific legal requirements that exempt them from certain wage and hour laws, including overtime requirements and meal and rest break obligations. Exempt employees are generally paid on a salary basis and are not entitled to overtime compensation regardless of the number of hours worked in a day or week. To qualify for an exemption, an employee typically must work in an executive, administrative, or professional capacity. Managers may qualify under the executive exemption if they satisfy the applicable legal requirements. Generally, an executive or managerial employee must meet the following criteria:

1. The employee’s duties and responsibilities primarily involve the management of the business or a customarily recognized department or subdivision;
2. The employee regularly directs the work of two or more employees;
3. The employee has authority to hire or terminate employees, or the employee’s recommendations regarding hiring, firing, promotion, or other changes in employment status are given particular weight;
4. The employee regularly exercises discretion and independent judgment;
5. The employee spends more than 50% of their working time performing exempt managerial duties; and
6. The employee earns a salary that meets the minimum threshold required under California law for exempt employees.

Managerial duties that may support the executive exemption can vary depending on the industry and workplace, but commonly include:

• interviewing, hiring, and training employees;
• setting schedules and adjusting hours of work;
• directing employee work and assigning responsibilities;
• determining operational procedures and workflow;
• supervising inventory, materials, merchandise, or supplies;
• maintaining production or sales records for supervisory purposes;
• evaluating employee performance and recommending promotions or disciplinary action;
• handling employee complaints and workplace grievances;
• disciplining employees;
• ensuring workplace safety and security;
• preparing or overseeing budgets; and
• monitoring and implementing legal compliance measures.

Exemption issues are highly fact-specific and must be evaluated on a case-by-case basis. Job titles alone do not determine exempt status. Instead, courts and agencies examine the employee’s actual day-to-day duties and responsibilities. If you have questions regarding employee classification or whether a particular employee may qualify as exempt, contact us to discuss your situation. Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Readers should consult qualified legal counsel regarding their specific circumstances.]]> by Allen, Baker & Stephan, PC https://www.mballenlaw.com/?p=46878 2023-08-04T06:07:39Z 2021-08-09T15:42:45Z

Introduction A security deposit is money a landlord receives from a tenant other than rent. The security deposit serves to protect the landlord in the event the tenant breaches the terms of a rental agreement. More likely, a security deposit is used to cover the cost of property damage, including cleaning or replacement of carpets, paint, keys, and other features. After making deductions, a landlord is obligated to return any remaining amounts of the security deposit to a tenant. This usually happens after the tenant has already moved, even in the situation where the landlord and tenant engaged in a pre-move out inspection. To understand more about pre-move out inspections, review Civil Code Section 1950.5(f). Procedure for Returning a Security Deposit First, a landlord shall furnish to a tenant within 21 calendar days after a tenant has vacated a leased premise, by personal delivery or by first-class mail, postage prepaid, a copy of an itemized statement regarding deductions from a security deposit and return of any remaining portion of the security deposit. Civ. Code §1950.5(g)(1). The landlord and tenant can mutually agree that the landlord will deposit any remaining portions of the security deposit electronically into a bank account or other financial institution as designated by the tenant. The landlord and tenant can also agree that the landlord will provide an itemized statement and copies of charges to an email address provided by the tenant. The landlord, however, may still be left wondering how to get payment to a tenant that has already moved on. Not to worry, even if the tenant did not leave a new address, the landlord still has options that are compliant with California law and that are meant to ensure that the tenant actually receives payment. Under Civ. Code §1950.5(g)(6), a landlord may mail payment in the manner described above (along with an itemized statement of deductions and copies for charges) to an address provided by a tenant, or if no address was provided to the landlord, to the unit that was vacated. If the tenant has set up a forwarding address, they should receive the landlord’s correspondence and payment. If the landlord’s correspondence and payment is returned by the postal office, the landlord should keep (and make copies) of the unopened return envelope as proof that the landlord complied with its legal obligations. Another issue a landlord may encounter is that there are multiple tenants entitled to the remaining portion of the security deposit. In this case, it is recommended that the landlord make payment jointly to all residents who have signed the lease. This will put the burden on the tenants to distribute the security deposit proceeds among themselves. Consequences for Failing to Return a Security Deposit If a landlord does not return the entire amount of a tenant’s security deposit within the 21 days required by law or if a tenant disputes the deductions from the deposit, the parties may find themselves in small claims court. Generally, small claims is the correct venue because possession in no longer at-issue and a security deposit will likely be within the small claims jurisdiction. Landlords should be aware that if they retain a security deposit in bad faith, they may be liable for up to twice the amount of the security (in addition to actual damages). Closing Remarks The outline above is intended to give both landlords and tenants an idea of how to navigate returning or receiving a security deposit after a tenancy has terminated. Since the return of a security deposit is normally one of the last transactions between a landlord and tenant, they should be careful to give each other the requisite information to conclude their business (i.e. new addresses, itemized statements, and charges). Allen, Baker & Stephan, PC is a full-service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. While Allen, Baker & Stephan, PC provides general information on our website, the information contained herein is not an exhaustive recitation of applicable law and must not be construed as legal advice. Laws may have changed since this article was published. Before acting or if you encounter problems, be sure to contact our law firm (650-347-5000), we are more than happy to address your legal needs.]]>