Jahangiri Law Group

Jahangiri Law Group Recognized with 2025 CCBA Silver Medal for Diversity

Fri, 30 Jan 2026 15:49:18 GMT

Jahangiri Law Group is honored to announce that we have been awarded the Silver Medal in the Contra Costa County Bar Association’s 2025 Diversity Awards.

This distinction recognizes law firms that demonstrate meaningful commitment to diversity, equity, and inclusion within the legal profession and the broader community. Our advancement from last year’s Bronze Medal to this year’s Silver Medal reflects the continued growth of our initiatives and the dedication of our team to fostering an inclusive and representative workplace.

We extend our sincere appreciation to the Contra Costa County Bar Association for this recognition. Jahangiri Law Group remains committed to advancing diversity within our firm, our profession, and the communities we proudly serve.

Riya Datla

Wed, 24 Sep 2025 15:12:04 GMT

We were fortunate to have Riya Datla join us as a summer legal intern, and she made a lasting impression from day one. Riya brought an exceptional level of focus, dedication, and professionalism to every task she tackled. Her work ethic was truly remarkable—she consistently worked with minimal guidance, showing initiative and independence.

Riya approached each assignment with seriousness and care, demonstrating a deep commitment to learning and contributing meaningfully to our team. Her ability to work autonomously while still being a thoughtful collaborator made her an invaluable part of our summer cohort.

We hope this internship was as rewarding for Riya as it was for us. She has a bright future ahead, and we’re excited to see where her legal journey takes her next!

Lease Dispute Successfully Resolved

Mon, 22 Sep 2025 15:02:16 GMT

Our firm recently represented a commercial tenant in a dispute involving a long-term lease agreement. The landlord had initiated tenant improvements and asserted that our client was bound to continue under the lease terms. Upon careful review of the lease, we identified critical deficiencies that rendered the lease unenforceable.

We promptly communicated our findings to the landlord, and following our intervention, the landlord agreed to release our client from all contractual claims—without litigation.

This outcome reflects our commitment to thorough legal analysis and strategic advocacy in complex real estate matters.

Note : Prior results do not guarantee a similar outcome. Details have been omitted to protect client confidentiality.

MRP Speaker Series, The Fine Print

Mon, 22 Sep 2025 15:00:45 GMT

Settlement Victory: Zealous Advocacy Delivers Powerful Result

Thu, 18 Sep 2025 14:40:52 GMT

We’re proud to share a recent litigation outcome that showcases our aggressive strategy and unwavering commitment to our client’s defense. In a case involving substantial claims against our client, we mounted a vigorous defense and negotiated a settlement for a fraction of the amount originally demanded. The final resolution was comparable to what our client would have spent solely on expert witnesses—eliminating the need for trial and securing a result that aligned with their goals.

Beyond the favorable settlement amount, our approach saved our client hundreds of thousands of dollars in litigation costs, including discovery, expert preparation, and trial expenses. This outcome reflects the power of strategic advocacy and our dedication to protecting our clients’ interests at every stage.

Note : Prior results do not guarantee a similar outcome. Details have been omitted to protect client confidentiality.

Jahangiri Law Group Sponsors Jurist of the Year Award Reception

Tue, 26 Aug 2025 12:59:06 GMT

Selected for 2025 Super Lawyers

lubna@thejlawgroup.com (Lubna Jahangiri) — Mon, 14 Jul 2025 14:40:14 GMT

I’m honored to be recognized in this year’s Super Lawyers list. This acknowledgment reflects the continued trust of my clients and colleagues, and I’m sincerely grateful for their support.

I remain committed to delivering thoughtful, effective counsel and advocating with integrity. It’s a privilege to do meaningful work alongside such dedicated professionals.

Navigating California's Privacy Landscape: Understanding Personal and Sensitive Information Under CPRA

Wed, 28 May 2025 19:00:34 GMT

The California Privacy Rights Act (CPRA), which significantly amended the California Consumer Privacy Act (CCPA), has established a robust framework for consumer data privacy. Businesses need to understand the nuances of "personal information" and "sensitive personal information" under CPRA as it is crucial for achieving and maintaining compliance.

What is "Personal Information" under CPRA?

The CPRA adopts a broad definition of "personal information" (PI), encompassing any information that "identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household." This includes, but is not limited to:

Identifiers: Real name, alias, postal address, unique personal identifier, online identifier (e.g., IP address, cookie ID), email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
Customer Records Information: Signature, physical characteristics or description, telephone number, state identification card number, insurance policy number, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Characteristics of Protected Classifications: Under California or federal law (e.g., age, race, religion, gender, sexual orientation).
Commercial Information: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Biometric Information: Physiological, biological, or behavioral characteristics, including DNA, used or intended to be used, separately or in combination with other data, to establish individual identity (e.g., fingerprints, facial recognition).
Internet or Other Electronic Network Activity Information: Browse history, search history, and information regarding a consumer's interaction with an internet website, application, or advertisement.
Geolocation Data: Information that indicates the precise location of an individual or device.
Sensory Data: Audio, electronic, visual, thermal, olfactory, or similar information (e.g., call recordings, CCTV footage).
Professional or Employment-Related Information.
Inferences: Information drawn from any of the above to create a profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

It is important to note that personal information does not include publicly available information from federal, state, or local government records (e.g., professional licenses, public real estate records).

What is "Sensitive Personal Information" (SPI) under CPRA?

The CPRA introduced a new, more protected category of personal information: Sensitive Personal Information (SPI) . This subset of PI requires heightened safeguards due to its potentially intimate or revealing nature, and consumers have additional rights regarding its use and disclosure. SPI includes personal information that reveals:

A consumer's Social Security number, driver's license number, state identification card, or passport number.
A consumer's account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account.
A consumer's precise geolocation.
A consumer's racial or ethnic origin, religious or philosophical beliefs, or union membership.
The contents of a consumer's mail, email, and text messages, unless the business is the intended recipient of the communication.
A consumer's genetic data.
The processing of biometric information for the purpose of uniquely identifying a consumer.
Information concerning a consumer's health.
Information concerning a consumer's sex life or sexual orientation.

Key Differences and Why They Matter for Businesses

The distinction between general "personal information" and "sensitive personal information" is critical because the CPRA imposes additional obligations and consumer rights specifically for SPI.

Heightened Protection: Businesses handling SPI must implement more robust security measures to protect this data from unauthorized access or disclosure.
Right to Limit Use and Disclosure: Consumers have a new right to direct businesses to limit the use and disclosure of their SPI to only those purposes necessary to perform the services or provide the goods reasonably expected by an average consumer. This means businesses generally cannot use or disclose SPI for other purposes, such as cross-context behavioral advertising, without explicit consumer permission.
Dedicated Opt-Out Link: Businesses that use or disclose SPI for purposes other than those allowed by the CPRA must provide a "clear and conspicuous link" on their homepage(s) labeled "Limit the Use of My Sensitive Personal Information." This is in addition to the "Do Not Sell or Share My Personal Information" link for general personal information.
Notice at Collection: Businesses must clearly disclose the categories of SPI collected, the purposes for which it is collected or used, and whether it is sold or shared.

What Businesses Need to Know for CPRA Compliance:

To effectively comply with the CPRA, businesses must undertake a comprehensive approach to data privacy, with a particular focus on the differentiated treatment of personal and sensitive information:

Data Inventory and Mapping:

Identify all types of personal information you collect, store, process, and share. This includes data from customers, employees, job applicants, contractors, and business-to-business (B2B) contacts (as CPRA largely removed previous exemptions for employee and B2B data).
Specifically identify and classify any sensitive personal information (SPI) collected.
Map how data flows across your organization, including transfers to third parties, service providers, and contractors.

Update Privacy Policies and Notices:

Clearly disclose the categories of personal information and sensitive personal information collected.
State the purposes for which each category of information is collected and used.
Specify retention periods for all categories of personal and sensitive information, ensuring data is not kept longer than "reasonably necessary" for the disclosed purpose.
Explain consumer rights under CPRA, including the right to know, delete, correct, opt-out of sale/sharing, and limit the use of sensitive personal information.

Implement Opt-Out Mechanisms:

Provide "Do Not Sell or Share My Personal Information" and "Limit the Use of My Sensitive Personal Information" links on your website homepage(s) and other relevant data collection pages.
Ensure these links lead to user-friendly pages where consumers can easily exercise their rights.
Maintain records of opt-out requests for at least 12 months.

Data Minimization and Security:

Collect only the personal information and SPI that is absolutely necessary for your disclosed purposes.
Implement robust security measures to protect all personal information, with heightened safeguards (e.g., encryption, access controls) for SPI. Develop a comprehensive incident response plan.

Respond to Consumer Requests:

Establish clear and efficient processes for responding to consumer requests to access, delete, correct, opt-out of sale/sharing, and limit the use of their personal and sensitive information.
Ensure timely responses (typically within 45 days, with a possible 45-day extension).
Notify service providers, contractors, and third parties to whom data has been shared when a deletion request is received.

Third-Party Contracts:

Review and update contracts with service providers and third parties to ensure they are also compliant with CPRA obligations, especially regarding data protection and consumer rights.

Training:

Provide regular training to all employees who handle personal data on CPRA requirements and best practices for data privacy and security.

By diligently addressing these areas, businesses can navigate the complexities of CPRA, protect consumer privacy, and mitigate the risks of non-compliance, including significant penalties from the California Privacy Protection Agency (CPPA). For any business operating in California or collecting data from California residents, a proactive and well-informed approach to data privacy is no longer optional, but a legal imperative.

Brinda Bellur is a dual-licensed attorney in California and India, with extensive experience in both litigation and transactional matters. She holds an LLM from UC SF Law (formerly UC Hastings) and certifications in privacy (CIPP/US, IAPP) and commercial contracts (UC Berkeley Law Executive Education).

Navigating the CCPA: What California Businesses Need to Know About Data Privacy

Sat, 26 Apr 2025 06:18:26 GMT

In today's data-driven economy, businesses operating in California face an evolving landscape of privacy regulations. At the forefront of this shift is the California Consumer Privacy Act (CCPA), a landmark law that grants significant rights to California consumers regarding their personal information. For businesses, understanding and complying with the CCPA is not just a legal obligation – it's a crucial aspect of building trust and maintaining a sustainable operation.

At Jahangiri Law Group, we understand the complexities that the CCPA can present for businesses of all sizes. This article serves as an introduction to this pivotal legislation, highlighting key aspects that your organization needs to be aware of.

The CCPA: A New Era of Data Privacy in California

Effective since 2020, the CCPA empowers California residents with fundamental rights over their personal information held by businesses. These rights include the ability to:

Know: Request information about the categories and specific pieces of personal information collected, the sources of the information, and the purposes for its collection.
Access: Obtain a copy of the personal information held by the business.
Delete: Request the deletion of their personal information (with certain exceptions).
Opt-Out of Sale: Direct businesses not to sell their personal information to third parties.
Non-Discrimination: Not be penalized for exercising their CCPA rights.

Who Does the CCPA Apply To?

It's crucial for businesses to determine if they fall under the purview of the CCPA. Generally, the law applies to any for-profit business that does business in California and meets at least one of the following thresholds:

Has annual gross revenues of over $25 million.
Annually buys, sells, or shares the personal information of 100,000 or more California consumers or households.
Derives 50% or more of its annual revenue from selling or sharing the personal information of California consumers.

Even if your business doesn't have a physical presence in California, if you meet these criteria and interact with California residents' personal information, the CCPA likely applies to you.

Key Obligations for Businesses Under the CCPA:

Compliance with the CCPA requires businesses to implement significant changes to their data handling practices. Some key obligations include:

Providing Notice to Consumers: Informing consumers about the categories of personal information being collected and the purposes for which the categories of personal information are collected or used.
Responding to Consumer Requests: Establishing processes to respond to consumer requests to know, access, and delete their personal information.
Implementing Data Security Measures: Maintaining reasonable security procedures and practices to protect consumers' personal information.
Providing the Right to Opt-Out of Sale: If your business sells personal information, you must provide a clear and conspicuous "Do Not Sell My Personal Information" link on your website.
Updating Privacy Policies: Ensuring your privacy policy accurately reflects consumers' CCPA rights and your business practices.

At Jahangiri Law Group, we understand the complexities of the CCPA and are dedicated to helping businesses navigate these requirements effectively. Our experienced team can provide guidance on:

Determining CCPA applicability to your business.
Developing and implementing compliant data privacy policies and procedures.
Establishing processes for responding to consumer rights requests.
Advising on data security best practices.
Assisting with employee training on CCPA compliance.
Defending businesses against potential CCPA violations.

The CCPA represents a significant shift in data privacy regulation, and proactive compliance is essential for businesses operating in California.

Businesses must carefully conduct the analysis to determine it does not meet ANY of the three thresholds of “what is a business” under the CPRA before deciding whether CCPA, applies to them or not.

Jahangiri Law Group Honored with Diversity Award by Contra Costa County Bar Association

lubna@thejlawgroup.com (Lubna Jahangiri) — Mon, 24 Mar 2025 16:47:37 GMT

Jahangiri Law Group is proud to announce that we have been recognized as the recipient of the prestigious Diversity Award, 2024, presented by the Contra Costa County Bar Association. This honor celebrates our unwavering commitment to fostering inclusivity, equity, and representation within our legal practice and the broader community.

At Jahangiri Law Group, diversity is not just a value—it is a cornerstone of our mission. We believe that embracing a wide range of perspectives strengthens our ability to serve our clients and contribute to a more just and equitable society. This award is a testament to the collective efforts of our team and our dedication to creating meaningful change.

We extend our heartfelt gratitude to the Contra Costa County Bar Association for this recognition. As we celebrate this achievement, we reaffirm our pledge to continue championing diversity and inclusion in all that we do.

New Office Address

Wed, 18 Dec 2024 21:23:11 GMT

Our Office Has Moved

We are excited to announce that our office has officially moved to a new location.

2333 San Ramon Valley Blvd., Suite 495,
San Ramon, CA 94583

If you have any questions or need assistance, please don’t hesitate to reach out. We look forward to welcoming you to our new office and thank you for your continued trust in us. For directions or further information, feel free to contact us at 925-574-0100 or info@thejlawgroup.com . We’re here to help!

Delaware vs. California: Corporate Laws

Thu, 12 Sep 2024 20:58:27 GMT

Finding out which state to incorporate one’s business is an important step for any company. For many years now, Delaware has been considered the best state to incorporate in. However, recently, California has made strides in exhibiting itself to be a strong environment to start a business. Both states have their pros and cons related to this issue, and each company must make a unique decision tailored to their business on which factors are more important to them.

Delaware is known to be extremely legally and economically friendly to businesses, and it is the reason the state houses almost two million businesses. Delaware corporate law is known to be flexible with respect to shareholder rights and company structure (Stripe). It is known to be a merger friendly state and valuable for those investing in venture capital or private equity. Delaware also has its own, unique court called the Court of Chancery dedicated to corporate issues. The Court of Chancery makes decisions only through judges, which are assigned based on merit, and it has been established for many years now (Stripe). Delaware is also known to be a tax friendly state. It does not have income tax for businesses which are based outside of Delaware. In addition, any company that is incorporated in Delaware but does not practice business in the state, does not have to pay the state’s corporate income tax (Stripe). Company shareholders who do not live in Delaware also do not need to pay taxes on their shares. Investors are also more likely to invest in Delaware businesses due to their business and shareholder friendly laws and easy access to incorporation. Despite all these benefits to incorporating in Delaware, there are also a few downsides to doing so. Regardless of whether a business practices in Delaware or not, any company that incorporates there must pay an annual franchise tax which can range from $175 to $200,000 (Stripe). In addition, any company in Delaware that is incorporated but does not practice there, is required to identify as a foreign entity and will therefore be subjected to much more paperwork (Stripe). Finally, Delaware’s corporate laws are known to be advantageous to larger companies but are not friendly toward smaller businesses and startup companies. This may deter some people from starting and incorporating a business in Delaware.

Incorporating business in California also has various different benefits. California businesses which do business inside the state are especially at an advantage. This is because local businesses obviously do not need to identify as a foreign entity in California, and therefore they will have to deal with far less paperwork (Stripe). In addition, California businesses have higher credibility and name recognition with distributors, investors, and customers because of the value that California’s market has. Furthermore, California law is also known to shield minority shareholders from unfair or discriminatory practices or treatment (Stripe). Finally, California is well known for startups and innovation, especially in the technology sector centered around Silicon Valley. Many of the corporate laws in California tend to be more favorable towards up-and-coming businesses incorporated in the state. While there are great pros to incorporating in California, there are also some cons which may concern business owners. California has a higher base level of minimum taxes, which is about $800 annually regardless of the company’s income (Stripe). In addition, California is also generally stricter and more scrutable with laws involving privacy, labor, and EPA standards (Stripe). California’s high cost of living and tax laws are also a major deterrent from businesses setting up shop in the state.

Overall, both Delaware and California have strong advantages and disadvantages of incorporating a business in each respective state. A business owner must make a choice of where to incorporate based off of factors which are important to them. Delaware is known for flexible corporate laws, the respected Court of Chancery, increased privacy for businesses, and being friendly to investors and large corporations. On the other hand, California corporate law is protective of its employees, highly credible, and better for new businesses and startups. Finding a state to incorporate one’s business is a crucial decision and both Delaware and California are good options.

Works Cited

Stripe. (2023a, November 29). Incorporating in Delaware vs. California: How to decide. Stripe. https://stripe.com/resources/more/incorporating-in-delaware-vs-california

Before you establish your business, it is vital to meet with our legal team. We can discuss your specific situation and any business needs you want to meet. The San Ramon business formation lawyers at Jahangiri Law Group, APC take as much time as is necessary to make sure that you are secure in your decision.

JAHANGIRI LAW GROUP handles matters involving contracts (written and oral), trials, arbitrations and appeals in the areas of business, corporate, commercial, and real estate litigation, and transactional law. We offer services to diverse cultures and can assist in Urdu, Hindi, Punjabi and Spanish. We are based in San Ramon, California, but provide services throughout the entire San Francisco Bay Area. We are open from 9:00 a.m. to 5:00 p.m., Monday to Friday. To make an appointment please call 925-574-0100.

The Use of AI in the Legal World

Wed, 24 Jul 2024 17:43:56 GMT

AI, otherwise known as artificial intelligence, has taken the entire planet by storm in recent years. It has impacted different economic sectors and career paths, including the legal world. In fact, there are rumblings that AI can be a person’s new legal assistant and can replace attorneys altogether. While AI is an incredibly useful tool, it is still far from becoming a virtual, efficient, and accurate lawyer. As the technologies used in AI continue to develop, the workers in the legal profession, especially in California, are investigating AI and trying to uncover its possible issues, while also attempting to use it effectively and efficiently.

While AI is an incredible, versatile online tool, it cannot be blindly trusted for legal knowledge or advice. AI can be used as a starting point for a legal question or topic, but it cannot always be trusted to answer specific or unique legal issues. Many lawyers have claimed that their clients have been misled by legal advice from AI tools, because the advice dispensed from the website did not address the client’s unique circumstances. Attorneys have also complained that while researching a certain topic using AI, the tool has often created its own fictional cases which mistakenly seem to fit within that specific legal topic. If or when AI improves, it may be possible that legal advice from it can be more trusted. Until then, any legal “answers” gathered from AI should be taken with a grain of salt by both the general public and lawyers.

Similar to other courts across the country and the world, California courts yearn to learn more about AI and its possible uses in the legal realm. On May 17, 2024, the Chief Justice of California, Patrice Guerrero, led the launch of a brand-new judicial branch task force. The goal for this task force was to examine and weigh any potential benefits and risks of AI in order to assist and protect courts and public citizens. Justice Guerrero emphasized that it was necessary to vet any potential downfalls of AI before completely advocating for it to be used in courts. The branch hopes to emphasize focus on three main points with this new project. Firstly, it hopes to develop a task force on AI which looks into different aspects including court rules, educational programs, legislation, and policies involving both old and new technology. The second goal is to work with the numerous ethics committees in the Supreme Court and create a guide for judicial officers working with ethical dilemmas involving generative AI. Finally, the last goal is to educate the court and judicial workers on the ins and outs of AI, including core information such as its uses, benefits, and potential risks. Members of the task force emphasized that AI could be useful for certain tasks involving management and administration of the court. They also stated that legal research could be done more extensively and efficiently with AI. Another potential benefit is that AI could allow more of the public to have access to legal services that they otherwise may not have been able to have. AI could educate the layperson on court procedures and forms to an adequate level at an efficient pace. However, the final consensus of California courts was that as great as AI could possibly be for the legal world in the future, and that while AI is a legal aid tool at the present, it cannot be a replacement for critically making judicial decisions and creating legislation.

In conclusion, AI will continue to develop and be a part of the legal profession for years to come. Despite that, it is unwise at this time to fully trust and depend on AI for legal decisions. This California judicial branch task force focused on AI will help educate the public on AI’s benefits and pitfalls. However, it will likely take some time to gather enough data before making any conclusions on AI’s abilities in the legal world. Until then, the public must wait and use AI sparingly when encountered with a legal problem.

Works Cited

Corren, B. (2024, May 17). Chief justice creates task force on use of Generative AI in the California Courts. California Courts Newsroom. https://newsroom.courts.ca.gov/news/chief-justice-creates-task-force-use-generative-ai-california-courts

JAHANGIRI LAW GROUP handles matters involving contracts (written and oral), trials, arbitrations and appeals in the areas of business, corporate, commercial, and real estate litigation, and transactional law. We offer services in Urdu, Hindi, Punjabi and Spanish. We are based in San Ramon, California, but provide services throughout the entire San Francisco Bay Area. We are open from 9:00 a.m. to 5:00 p.m., Monday to Friday. To make an appointment please call 925-574-0100.

The Present and Future of Non-Compete Agreements

Fri, 14 Jun 2024 17:48:54 GMT

Non-compete agreements have long been a controversial part of employment contracts around employment, especially in California. Essentially, these agreements are clauses in employment contracts which forbid an employee to compete with an employer for a period of time after their employment comes to a close. In addition, this agreement ensures that the employee will not expose any private information that he or she learned while working at the company and generally prevents that employee from starting a similar business or working for a competitor. The attitude and perception of these non-compete agreements in California employment contracts have continued to develop and evolve with the enactment of the new rules.

Throughout most of California’s history, the state has generally not allowed agreements which prevent employees from leaving their employer to compete with them in their industry or area. In fact, non-compete agreements in employment are mostly void under Sections 16600, 16601, and 16602.5 of the California Business and Professional Code. The state has emphasized that non-compete agreements are generally too restrictive contractually. In addition, these agreements go against California policies and laws which encourage and promote economic growth, employee freedom, healthy business competition, and employment mobility. California is one of the few states in the country that prohibits almost all non-compete agreements, other than a small number of exceptions.

The new laws regarding non-compete agreements are meant to build on what the state already prohibits regarding employment contracts. The two new amendments which were passed on January 1, 2024, S.B. 699 and A.B. 1076, continue to ban almost all non-compete agreements, but they now also allow employees to sue an employer for trying to or actually enforcing a non-compete agreement against them. The extent to which an employee can sue even extends to non-compete agreements which were created in another state. If an employee wins a case involving a non-compete agreement, he or she will be granted recovery for their damages and they are also immune from paying any attorney fees. Furthermore, the amendments require that employers give a written notice to any present or former employees who were employed after January 1, 2022, that any previously signed non-compete agreements are now void. An employer who fails to provide this particular notice may be fined $2,500 per violation. Essentially, these new laws regarding non-compete agreements continue to ban them in California, while also increasing consequences for employers who fail to comply.

California’s future regarding employment contracts will be complex, as the state, their employers, and employees attempt to navigate the new, complex non-compete rules and its consequences. Employers now need to be even more careful when drafting employment contracts which are compliant with the law, while also ensuring that the company is not susceptible to losing the privacy of their private employment details and secrets. In addition, more issues and questions may rise regarding non-compete agreements for remote employees or contract workers. While there will continue to be uncertainty surrounding the legal issues of the new non-compete rules, there is confidence that both California policymakers and the state’s workers will find a balance, ensuring continued economic growth for one of the most economically fruitful states in the country.

JAHANGIRI LAW GROUP handles matters involving contracts (written and oral), trials and appeals in the areas of business, corporate, commercial, and real estate litigation, and transactional law. We offer services in Urdu, Hindi, Punjabi and Spanish. We are located in San Ramon. We are open from 9:00 a.m. to 5:00 p.m., Monday to Friday. To make an appointment please call 925-574-0100.

Law Speakers Club Event

lubna@thejlawgroup.com (Lubna Jahangiri) — Mon, 09 Oct 2023 15:38:06 GMT

PARTITION ACTIONS

lubna@thejlawgroup.com (Lubna Jahangiri) — Sun, 03 Sep 2023 01:52:41 GMT

When a Property May be Partitioned

A partition action is a lawsuit in which a co-owner requests that the court divide the property or its sale proceeds. Three types of partition are:

· Physical division of the property. (Code Civ. Proc. §§873.210 – 873.290.);

· Sale of the property and division of the proceeds. (Code Civ. Proc. §§873.510 – 873.850.); and

· Partition by appraisal under which any of the parties may acquire the interests of others at their value as assessed in a court-ordered appraisal. (Code Civ. Proc. §§ 873.910 – 873.980.)

A partition proceeding is statutory in origin but it is one in which the trial court makes its ruling based on equitable considerations. Any partition must comply with any applicable laws, regulations, or ordinances governing the division of property. (Code Civ. Proc. §872.040).

There is essentially only one basic requirement for a partition: That the property is co-owned. The only evidence that a plaintiff in a partition will need is evidence that they are a co-owner. The most common form of evidence of co-ownership is a deed recorded in the county recorder where the property is located identifying the grantee (transferee/buyer/recipient) as the co-owner. Regardless of whether your co-owner rented out the property, occupies it themselves, runs a business at the property, or the property suffers from some serious detriment, each co-owner has the right to a partition. The court in a partition will not weigh whether or not the partition seems “fair” for the parties. A co-owner of real property may file an action for partition, severing unity of possession in that property. This process is governed by Code Civ. Proc. §872.010, et seq.

Accounting and Compensatory Adjustments

The court may, in all cases, order allowance, accounting, contribution, or other compensatory adjustment among the parties according to the principles of equity. (Code Civ. Proc., §872.140.) The Court in Wallace v. Daley (1990) 220 Cal.App.3d 1028, 1036 states: “Every partition action includes a final accounting according to the principles of equity for both charges and credits upon each co-tenant’s interest. Credits include expenditures in excess of the co-tenant’s fractional share for necessary repairs, improvements that enhance the value of the property, taxes, payments of principal and interest on mortgages, and other liens, insurance for the common benefit, and protection and preservation of title.”

Is the Cotenant Not In Possession Entitled to the Fair Rental Amount

Each tenant in common has a right to occupy the property and one cannot collect rent from another who has exercised that right. (Nevarov v. Nevarov (1953) 117 Cal.App.2d 581, 585.)

Generally, a claim for the implied rental value of exclusive possession by one co-owner depends upon a showing of actual ouster. “In order for a cotenant who is not in possession to recover the rents and profits, or the value of possession, from the cotenant in possession, they must establish that there has been an ouster….” (Estate of Hughes (1992) 5 Cal. App. 4th 1607, 1612.)

An ouster, in the law of tenancy in common, is the wrongful dispossession or exclusion by one tenant of his cotenant or cotenants from the common property of which they are entitled to possession. The ouster must be proved by acts of an adverse character, such as claiming the whole for himself, denying the title of his companion, or refusing to permit him to enter. Actual or constructive possession of the ousted tenant in common at the time of the ouster is not necessary. (Zaslow v. Kroenert (1946) 29 Cal. 2d 541, 548.) Tenants in common have the right to occupy the subject property. (Brunscher v. Reagh (1958) 164 Cal.App.2d 174, 176.) When one tenant in common occupies the property, the out-of-possession cotenant is generally not entitled to recover the rental value of the property from the cotenant in possession. (Id. at pages 176–177.)

Attorney’s Fees and Costs of Partition

The court shall not apportion the costs of partition to any party that opposes the partition unless doing so is equitable and consistent with the purposes of this chapter. (Code Civ. Proc. §874.321.5) The costs of partition include reasonable attorney’s fees incurred or paid by a party for the common benefit. (Code Civ. Proc. §874.010.)

Code Civ. Proc. §874.040 states that the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.

JAHANGIRI LAW GROUP handles trials and appeals in the areas of business, corporate, commercial, and real estate litigation, and transactional law. We offer services in Urdu, Hindi, Punjabi and Spanish. We are located in San Ramon. We are open from 9:00 a.m. to 5:00 p.m., Monday to Friday. To make an appointment please call 925-574-0100.

Consideration – The Foundation of an Enforceable Contract

Fri, 23 Jun 2023 18:42:59 GMT

An essential element of an enforceable contract is consideration. Consideration is any benefit conferred, or agreed to be conferred, upon the promisor [a person who makes a promise] by any other person, to which the promisor is not lawfully entitled, or any prejudice suffered, or agreed to be suffered, by such person, other than such as he is at the time of consent lawfully bound to suffer, as an inducement to the promisor, is a good consideration for a promise. (Civ. Code, § 1605)

Past Consideration Is Not Valid Consideration

Past consideration is not sufficient to support a contract. The courts determine the sufficiency of the consideration as of the time the parties entered into the contract, not in relation to a subsequent time.

The consideration for a promise must actually be bargained for and given in exchange for the promise. For example, promise by one shareholder to another not to vote for increased officer compensation without other’s agreement was unenforceable gratuitous promise because it was not induced by, or given, to induce return promise or performance. An attorney who arranged loan could not enforce subsequent promise by grateful borrower to transfer stock to attorney. No act of an offeree can constitute consideration binding on the offeror unless the latter agrees to be bound in return. The fact that the promisee relies on the promise to the promisee’s injury, or the promisor gains some advantage, does not establish consideration without the element of bargain or agreed exchange.

A Legal Duty is Not Adequate Consideration

Consideration is not adequate when it is a mere promise to perform what the promisor is already legally bound to do. For example, a promise of extra compensation for completion of a contract, made to a party who has the existing legal duty to perform the contract, is without consideration.

JOB POSTING – ASSOCIATE ATTORNEY WANTED

Tue, 04 Apr 2023 18:07:18 GMT

Jahangiri Law Group is an engaging and a very busy business and real estate litigation firm and is seeking an attorney with 1 - 3 years of civil litigation experience.

You will have hands-on experience from the get-go, working on existing and new litigation matters, developing and executing case strategies and plans, handling all aspects of litigation (fact investigation, drafting pleadings and motions, discovery, pretrial and trial work), and developing and maintaining strong business and client relationships. We are a team that provides support and mentoring to have the most effective means of representing our clients and helping you grow at the same time!

Qualifications:

Ideal candidates must have a demonstrated interest in civil litigation
Excellent writing and case analysis abilities
Strong communication and interpersonal skills
Good work ethic

Requirements:

Candidates are required to have a bachelor’s degree and a Juris Doctorate (JD) from an accredited U.S. law school and be a member of the California State Bar in good standing.

Our firm culture includes good communication, teamwork, work/life balance and career development. We offer a hybrid remote work environment, health insurance, continuing education program, professional development, mentoring, competitive salary, IRA with employer contribution, state bar dues, health and life insurance. Additionally, we offer access to group benefits such as accidental, life, critical care, etc. insurance policies through Aflac.

About Jahangiri Law Group, APC:

Lubna Jahangiri has been serving the business community of the San Francisco Bay Area since 2002, specializing in business and real estate litigation. Additionally, we provide business formation/succession and dissolution services, including all agreements/contracts related thereto. Although not our main focus, we may represent commercial real estate owners with their lease/rental contracts, renewals, and certain UDs. Our firm has steadily grown from having just a solo practice, to inclusion of a full staff, both remote and on site. We are conveniently located in the East Bay, in the City of San Ramon, just South of the Town of Danville, about 15-minutes’ drive from Walnut Creek and Dublin/Pleasanton BART stations. Please call 925-574-0100 or email billie@thejlawgroup.com for more information.

Writ of Supersedeas

Tue, 17 Jan 2023 20:45:25 GMT

WRIT OF SUPERSEDEAS

How to request a stay of a judgment or order issued by a trial court pending an appeal if you believe that, without a stay, you will suffer serious harm?

Your opponent obtains a judgment or order in the trial court, and you appeal. Normally, the trial court order is not stayed automatically and by the time your appeal is decided, your opponent may have already enforced the judgment or order against you. This may result in severe prejudice to you if you ultimately prevail on your appeal and the judgment or order is overturned.

What is the Writ of Supersedeas?

The writ of supersedeas is issued by appellate court to lower court, directing that enforcement of judgment be stayed pending appeal, when relief is necessary to protect appellant from serious injury in case of reversal, and will not cause respondent disproportionate injury in case of affirmance. [1]

A petition for a writ of supersedeas is presented to the court of appeal to request that the court maintain the subject of the action in status quo until final determination of the appeal. Purpose of writ of supersedeas is to maintain status quo. [2]

An appellate court may grant a writ of supersedeas when a denial of a stay of enforcement would deprive the appellant of the benefit of a reversal of the judgment against him or her, provided, of course, that a proper showing is made. [3]

Appellate court has inherent power to issue process necessary to protect its appellate jurisdiction and to insure that rights of appellant will not be destroyed by mere passage of time necessary to prosecute appeal. [4]

The writ of supersedeas has long been recognized to be an attribute of the inherent power of the courts to preserve their own jurisdiction. The power to issue the writ is implied from the power to hear appeals. [5]

What is the Process of Applying for a Writ of Supersedeas?

Stay proceedings may be initiated by filing a petition for writ of supersedeas in the court of appeal. [6]

Appellant prepares, serves, and files a verified petition for writ of supersedeas with the court of appeal in which the appeal is pending. [7]

The petition bears the same title as the appeal and contains a statement of the necessity for the writ and supporting memorandum. [8]

The cover must bear the conspicuous notation "STAY REQUESTED," and identify the nature and date of the proceeding or act sought to be stayed. [9]

The writ will not issue until respondent has had an opportunity to file a memorandum and a statement of any material facts in opposition. Unless otherwise ordered, any opposition must be filed within 15 days after the petition and supporting points and authorities are filed. [10]

If the record on appeal has not yet been filed in the court of appeal, the petition must contain a copy of the judgment, the date of its entry, the fact and date of filing of the notice of appeal, and a statement of the subject matter of the appeal sufficient to advise the reviewing court of the question involved. [11]

Issuance of writ of supersedeas is precluded if appeal is no longer pending and judgment has become final. [12]

Under What Conditions is a Writ of Supersedeas Issued?

Appellate courts may grant supersedeas when the denial of a stay would deprive appellant of benefit of a reversal of judgment. [13]

An appellate court may issue a writ of supersedeas on any conditions that that court deems just or appropriate under the circumstances. [14]

The most common condition imposed on granting a writ of supersedeas is that an undertaking be filed, and the practice is to require approval of the sufficiency of the bond by the presiding judge of the lower court. [15]

As a practical matter, it is very difficult to obtain a writ of supersedeas and they are rarely granted. At a minimum, you must be able to demonstrate that you cannot afford a bond, that the issues in the appeal are significant, and that there is a strong likelihood of obtaining a reversal.

JAHANGIRI LAW GROUP handles appeals in the areas of business, corporate, commercial, and real estate litigation, and transactional law. We offer services in Urdu, Hindi, Punjabi and Spanish. We are located in San Ramon. We are open from 9:00 a.m. to 5:00 p.m., Monday to Friday. To make an appointment please call 925-574-0100.

[1] California Table Grape Com. v. Dispoto (1971) 14 Cal. App. 3d 314, 316

[2] Dry Cleaners & Dyers Institute v. Reiss (1936) 5 Cal. 2d 306, 310 ; Sacramento Newspaper Guild v. Sacramento County Bd. of Supervisors (1967) 255 Cal. App. 2d 51, 53

[3] Deepwell Homeowners' Protective Asso. v. City Council of Palm Springs (1965) 239 Cal. App. 2d 63, 65-66

[4] Adoption of Pierce (1970) 5 Cal. App. 3d 316, 320

[5] People ex rel. S. F. Bay etc. Com. v. Town of Emeryville (1968) 69 Cal. 2d 533, 538

[6] Cal. Rules of Ct., Rule 8.112

[7] Cal. Rules of Ct., Rule 8.112

[8] Cal. Rules of Ct., Rule 8.112

[9] Cal. Rules of Ct., Rules 8.40(c) , 8.116

[10] Cal. Rules of Ct., Rule 8.112

[11] Cal. Rules of Ct., Rules 8.40(c) , 8.112

[12] In re Christy L. (1986) 187 Cal. App. 3d 753, 758-759, 232 Cal. Rptr. 184

[13] People ex rel. S. F. Bay etc. Com. v. Town of Emeryville (1968) 69 Cal. 2d 533, 537 ; Deepwell Homeowners' Protective Asso. v. City Council of Palm Springs (1965) 239 Cal. App. 2d 63, 65-66

[14] Kane v. Superior Court (1995) 37 Cal. App. 4th 1577, 1587 n. 6

[15] Sandell, Inc. v. Bailey (1961) 193 Cal. App. 2d 518, 520

EXPERT WITNESSES

Mon, 16 Jan 2023 21:16:44 GMT

An expert witness is a witness permitted to testify during a trial because of their proficiency or special knowledge in a field relevant to the case. According to California Evidence Code §720, a person is qualified to testify as an expert if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject of his testimony. Expert witnesses are used to simplify complex topics that are relevant to a case. In practice, categories of expert witnesses have included medical experts, forensic experts, financial experts, mental health experts, securities experts, and many more.

Expert witnesses must provide independent, impartial, and unbiased evidence to the court using their expertise. During a trial, experts may be called to testify whether the evidence supports testimony from other witnesses. Experts can also opine on the accuracy of certain statements made during the trial.

However, expert testimony can be excluded in certain situations. Expert testimony will be excluded when the subject of inquiry is one of such common knowledge that individuals of ordinary education could reach a conclusion as intelligently as the expert witness. Furthermore, the trial court may exclude expert opinion testimony that is (1) based on matter of a type on which an expert may not reasonably rely, (2) based on reasons unsupported by the material on which the expert relies, or (3) speculative.

JAHANGIRI LAW GROUP specializes in business, corporate, commercial, and real estate litigation, and transactional law. We offer services in Urdu, Hindi, Punjabi and Spanish. We are located in San Ramon. We are open from 9:00 a.m. to 5:00 p.m., Monday to Friday. To make an appointment please call 925-574-0100.

References:

- Thus, expert testimony will be excluded when the subject of inquiry is one of such common knowledge that men of ordinary education could reach a conclusion as intelligently as the expert witness, as held in Burton v. Sanner (2012) 207 Cal.App.4th 12, 19.

- Evidence Code §801(b) and §802

- Evidence Code §801(a) holds that expert witness testimony must relate to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact.

California Evidence Code §720

Jahangiri Law Group Supports Local Chamber

Thu, 01 Dec 2022 20:19:28 GMT

Congratulations to this year’s recipients. Thank you for your contributions to our community. JLG is a proud member of the Chamber and believes that through community, small businesses will thrive. Are you a member?

The Statute of Frauds

Thu, 29 Sep 2022 00:25:04 GMT

Statute of Frauds is a common law doctrine that requires certain types of contracts to be in writing to be enforceable. The Statute of Frauds is satisfied if the contract is evidenced by a writing or writings, contains the essential terms of a contract, is signed by the relevant parties against whom the contract is to be enforced, and has enough information to evidence the parties' intent to enter into a contract. As applied in California, the statute generally requires the following types of contracts to be in writing to be legally binding:

Contracts that cannot be completed in less than one year.
Contracts for the sale of land.
Contracts for the sale of goods above a specific dollar amount, typically $500.
A contract in which one person promises to pay another person’s debt.

To satisfy the requirement of the Statute it is not necessary that the writing be in the form of a formal contract, as long as it contains the material terms. The Statute of Frauds applies only to breach of a contract claims when assessing the validity and enforceability of the contract. It does not apply to any other causes of action.

However, in some situations, unwritten agreements that would ordinarily require a written contract under the Statute of Frauds may still be enforceable. One exception to the Statute of Frauds is partial performance. For example, if there is no written contract but the buyer in the alleged contract has paid any portion of the sale price, has begun to permanently improve the land, or has taken possession of the land, the courts will consider the contract partially performed, and this partial performance will amount to proof of the contract.

What is a "COMPLAINT" (lawsuit)?

Thu, 09 Dec 2021 21:11:42 GMT

A complaint is one of the most important documents in civil procedure. As the very first document, a complaint is drafted by the plaintiff to inform the defendant that they are being sued and incorporates factual evidence as support for reasons why the suit is being filed. Before filing a complaint, those who believe that the other party’s alleged violation of law has caused them damages, tend to send a demand letter. If the issue cannot be remedied through a settlement, the plaintiff moves forward with the complaint. Complaints accomplish three primary objectives: they establish the plaintiff’s cause of action, set the case’s jurisdictional basis, and create a demand for judicial relief.

The complaint is often structured by six crucial sections. Primarily, in the introduction, it is customary to briefly state the plaintiff’s allegations, or in other words, basic factual reasons that support their pursuit for justice through the judicial system. In this section, the plaintiff will specify how the actions of the defendant violated a certain law and caused them damages. In the next section, all known parties in the dispute are listed. In the third section of the document, reasoning is provided to determine which type of court should adjudicate over the case and applicable sections of the state’s civil code are used as support.

In the general allegations section of the complaint, the plaintiff lays out allegations and sets forth all of the reasons for why the complaint is being filed, using facts as evidentiary support. In the following causes of action section, the plaintiff informs the defendant how they believe the law was violated by applying the facts established in the prior section. The final element is the prayer for relief, in which the plaintiff details how judicial relief for the damages they believe the defendant inflicted can be obtained, usually in the form of a monetary award or judicial estoppel.

Complaints are served by summons and defendants must respond to the complaint. Defendants often file a demurrer or a motion to strike on the grounds that the complaint is based on conclusory allegations (facts insufficient to state a cause of action). Complaints on a federal level follow the standard set by the 2007 case Bell Atlantic v. Twombly in which it was established that a complaint must allege "enough facts to state a claim to relief that is plausible on its face."

JAHANGIRI LAW GROUP specializes in business, corporate, commercial, and real estate litigation, and transactional law. We are located in San Ramon. We are open from 9:00 a.m. to 5 p.m., Monday to Friday. We offer a free 15-minute consultation - to make an appointment please call 925-574-0100.

Freedom of Speech and Understanding SLAPP (Strategic Lawsuits Against Public Participation)

Fri, 08 Oct 2021 20:31:03 GMT

Since the inception of the United States as a nation, the freedoms of speech and petition have been legally protected rights. However, throughout time, there have been different mechanisms employed to prevent individuals from being able to fully utilize their First Amendment rights and speak out without consequence. Strategic Lawsuits Against Public Participation (SLAPP) are becoming an increasingly popular tool used by individuals or corporations to intimidate or censor those considered to be opponents and prevent their perspectives from being heard. The objective of SLAPP suits is to “chill participation through the abuse of the judicial process.” Filers of SLAPP suits often create cases that revolve around broad claims that are difficult to support, such as malicious prosecution or intentional infliction of emotional distress. This demonstrates that the goal of SLAPP suits is not to win. Rather, the true purpose is to drag out legal proceedings in order to cause harm to defendants in regard to their reputations and financial resources as well as dissuade others from engaging in similar actions in the future.

In SLAPP cases, the burden of proof falls on plaintiffs, as they must demonstrate that defendants knowingly made claims that were false, which is often challenging to prove. Additionally, SLAPP suits can be difficult to identify, as lawyers often go to great lengths to make these claims appear legitimate, despite a lack of substantial evidence. As a result of these two factors, SLAPP suits are considered serious threats to a free discourse, which is an essential component of a democratic society.

California was the first state to create a law designed to counter the problematic nature of SLAPP suits. Known as an Anti-SLAPP law, this type of legislation is designed to protect the freedoms that SLAPP suits put in jeopardy while preserving the integrity of the judicial process. In 1992, California passed the California Code of Civil Procedure Section 425.16, which states that “it is in the public interest to encourage continued participation in matters of public significance,” without “abuse of the judicial process.” As a result, it allows for causes of action against an individual arising out of his or her exercise of his or her constitutional rights of free speech and petition to be dismissed through a special motion to strike. Once the special motion to strike is filed, the process of discovery is halted. This benefits the defendant remarkably, as it prevents him or her from wasting significant time and money on the baseless claims that SLAPP suits typically present.

In order to determine whether a case is eligible for a special motion to strike, California established a two part test. The first requirement is that the defendant must prove that the lawsuit is based on a protected activity as defined by CCP 425.16 (e). These include “any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law, any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law, any written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest, or any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest.”

The second element of the test is to determine whether the defendant or plaintiff is more probable to prevail on the claim. If the plaintiff is not likely to prevail as determined by the court, the motion to strike is granted. Defendants who prevail on the motion to strike are often granted attorney fees and related costs. Plaintiffs may be awarded attorney fees if the court determines that the special motion to strike was done solely to create an unnecessary delay of the judicial process. In California, the Anti-SLAPP law allows for a broad interpretation, demonstrating how important the freedom of speech and petition are to democracy and how they are often linked.

Jahangiri Law Group is a law firm located in San Ramon, California which has successfully filed and defended anti-SLAPP motions. Call us at 925-574-0100 for a complimentary 15-minute consultation.

JAHANGIRI LAW GROUP, APC is certified as an official Minority Business Enterprise!

Wed, 29 Sep 2021 00:51:53 GMT

Jahangiri Law Group is pleased to announce that it has recently been certified by the Western Regional Minority Supplier Development Council as an official Minority Business Enterprise!

In order to qualify for this certification, Jahangiri Law Group met the following criteria:

● Business must be for-profit

● Business must be located in Northern California, Nevada, or Hawaii

● Business must be at least 51% ethnic minority-owned, operated, and controlled

● Owner(s) must be U.S. citizen(s) and must be authorized to do business by the State and County

As a result, Jahangiri Law Group is entitled to the following benefits:

● Business Opportunity Fairs - opportunity for minority entrepreneurs to present themselves to many prospective buyers in Corporate America and among each other

● Executive Education - concentrates training and technical assistance into leadership tools for CEO’s of minority-owned firms

● Marketing - leverage certification status to source contacts with National and Local Corporate Members and MBEs

● Networking - expansion of relationship-building opportunities with corporate buyers and other MBEs

● Recognition & Awards opportunities for the top MBEs for each class

CA EVICTIONS FOR COMMERCIAL LANDLORD/TENANT DUE TO COVID-19

Wed, 15 Sep 2021 00:05:21 GMT

JLG is staying on top of the commercial eviction moratoriums due to Covid-19. We will update this page as new information becomes known.

Check the Counties below for more information. If you are a commercial Landlord or Tenant and need assistance, please contact our office for a complimentary 15-minute consultation to determine if we can assist you.

Contra Costa County: September 30, 2021

For more information visit https://www.contracosta.ca.gov/7836/Eviction-and-Rent-Freeze-Ordinance-FAQs

Alameda County: September 30, 2021

For more information visit http://www.acgov.org/cda/ecd/moratorium.htm

Santa Clara County: September 30, 2021

For more information visit https://www.santaclaraca.gov/our-city/departments-a-f/community-development/housing-community-services-division/eviction-moratorium

JLG is SMALL BUSINESS Certified!

Tue, 14 Sep 2021 23:23:46 GMT

Jahangiri Law Group is thrilled to announce that it has officially become Small Business Certified within a local level!

As a result, Jahangiri Law Group is entitled to the following benefits:

● A 5 percent bid preference on applicable State solicitations;

● Eligible for the State's Small Business Participation Program. This program sets a goal for the use of small businesses in at least 25 percent of the State's overall annual contract dollars;

● The State must pay higher interest penalties for late payment of an undisputed invoice;

● A non-small business prime contractor, who uses certified small business subcontractors for at least 25 percent of its net bid price, is eligible for a bid preference of 5 percent of the lowest responsible bid, when competing against another non-small business;

● Precedence over non-small business bidders.

Approximately 98% of all California businesses are small businesses, and the team members of Jahangiri Law Group are honored to have their hard work recognized and be officially established as one of them!

FOREIGN BASED BUSINESS IN THE UNITED STATES

Tue, 23 Mar 2021 18:53:00 GMT

When starting a business in the United States it is important to understand federal and state business regulation. The United States follows a common law legal system where the federal constitution supersedes all other laws of the land. All states have their own respective laws, constitutions, and regional jurisdictions; this is conditional in that state regulations do not violate the federal constitution. It is beneficial to be well versed in the business laws of the respective states prior to investing.

Foreign investment in the United States is only restricted on investments in selected sectors including, but not limited to, defense contracting, banking, and mining. These sectors are typically reserved for United States citizens or entities. The most notable sectors for foreign direct investment (FDI) include wholesale trade, manufacturing, and real estate, accounting for hundreds of billions of U.S. dollars. Foreign employees and investors must obtain one of several visas that allow the individual to conduct business or seek employment in the United States. Once individuals become legal visa holder, they are permitted to work in the United States and will have to adapt the development of their business in accordance with their state’s legislature.

DELAWARE

Delaware has become well known for its business statutes which often attract foreign businesses searching for a state to launch their U.S. based venture. The procedure for creating a business in Delaware is efficient and simple, offering expedited processing of documents and electronic filing. To successfully start a business in Delaware, an entity must first file a Certificate of Incorporation with the Secretary of State of Delaware. A corporation in Delaware requires bylaws and meeting minutes of the board of directors – these do not have to be filed with the Secretary of State.

Other considerations when starting your Delaware based business:

CALIFORNIA

California is the one of the greatest recipients of FDI, along with New York and Texas, and offer foreign businesses a selection of forms, depending on the business structure, through the Secretary of State of California’s website (https://www.sos.ca.gov/business-programs/business-entities/forms). These forms must be filled out and filed with the Secretary of State of California and can be done so through the online filing service, by mail or in person, or through the new eForms Online Service.

In California, there are multiple steps to take to successfully start a business venture:

U.S. & STATE EMPLOYMENT LAW

Federal Employment Laws and Regulations

JAHANGIRI LAW GROUP specializes in business, corporate, commercial, and real estate litigation and transactional law. We are located in San Ramon, County of Contra Costa, California. We are open from 9:00 a.m. to 5 p.m., Monday to Friday. To make an appointment please call 925-574-0100.

The post FOREIGN BASED BUSINESS IN THE UNITED STATES appeared first on Jahangiri Law Group .

California Puppy Lemon Law

Wed, 03 Mar 2021 05:24:00 GMT

Cal Health & Saf. Code §122100 provides:

Every breeder that sells a dog shall provide the purchaser at the time of sale, and a prospective purchaser upon request, with a written notice of rights, setting forth the rights provided for under this section. The notice shall be contained in a separate document. The written notice of rights shall be in 10-point type. A copy of the written notice of rights shall be signed by the purchaser acknowledging that he or she has reviewed the notice. The notice shall state the following:

“A STATEMENT OF CALIFORNIA LAW GOVERNING THE SALE OF DOGS.
The sale of dogs is subject to consumer protection regulation. …..

In the event your dog dies, you may receive a refund for the purchase price of the dog, plus sales tax, or a replacement dog of your choice, of equivalent value, and reimbursement for reasonable veterinary fees for the diagnosis and treatment of the dog, if a veterinarian, licensed in this state, states in writing that the dog has died due to an illness or disease that existed within 15 days after the purchaser obtained physical possession of the dog after the sale by a dog breeder, or states that the dog has died due to a congenital or hereditary condition that was diagnosed by the veterinarian within one year after the purchaser obtained physical possession of the dog after the sale by a dog breeder. These fees may not exceed the purchase price of the dog, plus sales tax……”

Cal Health & Saf. Code §122070(b) states that:

“If the dog has died, regardless of the date of death of the dog, obtain a refund for the purchase price of the dog, plus sales tax, or a replacement dog of equivalent value of the purchaser’s choice, and reimbursement for reasonable veterinary fees for diagnosis and treatment of the dog in an amount not to exceed the purchase price of the dog, plus sales tax, if any of the following conditions exist:

(1) A veterinarian, licensed in this state, states in writing that the dog has died due to an illness or disease that existed within 15 days after the purchaser obtained physical possession of the dog after the sale by a breeder.

(2) A veterinarian, licensed in this state, states in writing that the dog has died due to a congenital or hereditary condition that was diagnosed by the veterinarian within one year after the purchaser obtained physical possession of the dog after the sale by a breeder.

There shall be a rebuttable presumption that an illness existed at the time of sale if the animal dies within 15 days of delivery to the purchaser. §122075(a)

For purposes of Section 122070, the value of veterinary services shall be deemed reasonable if the services rendered are appropriate for the diagnosis and treatment of illness or congenital or hereditary condition made by the veterinarian and the value of the services is comparable to the value of similar services rendered by other licensed veterinarians in proximity to the treating veterinarian. §122075(a)

Finally, Cal Health & Saf. Code §122080 states:

To obtain the remedies provided for in Section 122070, the purchaser shall substantially comply with all of the following requirements:

(a) Notify the breeder as soon as possible but no later than five days of the diagnosis by a veterinarian licensed in this state of a medical or health problem, including a congenital or hereditary condition and of the name and telephone number of the veterinarian providing the diagnosis. In the case here, you were notified on November 9, 2020, the very day Meelo’s symptoms emerged and the same day he was taken to the emergency.

(c) Provide the breeder, in the event of death, with a written statement from a veterinarian licensed in this state stating that the dog died from an illness that existed on or before the delivery of the dog to the purchaser. The presentation of the statement shall be sufficient proof to claim reimbursement or replacement and the return of the deceased dog to the breeder shall not be required.

JAHANGIRI LAW GROUP specializes in business, corporate, commercial and real estate litigation and transactional law. We are located in San Ramon, County of Contra Costa, California. We are open from 9:00 a.m. to 5 p.m., Monday to Friday. To make an appointment please call 925-574-0100.

The post California Puppy Lemon Law appeared first on Jahangiri Law Group .

May a Contract Be Forgiven if it Becomes Impossible or Impracticable to Perform?

Sat, 25 Apr 2020 01:26:00 GMT

Introduction

In the current climate, when businesses are shutting down and economy has come to a staggering halt, many business owners are left wondering whether they are obligated to adhere to contracts they signed in good times. In an uplifting display of collective solidarity against an invisible enemy, many obligees (persons to whom another is obligated) are making concessions by entering into deferment agreements with the obligors (persons who are bound to another) to delay performance until the pandemic subsides and the resultant shelter-in-place orders are either modified or lifted. Some are not. Obligees who refuse to provide concessions may have their own obligations that are not being deferred. That being said, a person bound by a contract cannot simply stop performing without being liable for damages, unless it becomes impossible or impracticable to perform.

When Performance under a Contract May Not Be Excused?

May your obligation under a contract be extinguished (forgiven) if it becomes more expensive or more difficult to perform? The answer likely depends on the degree of impossibility or impracticability required for one to avoid liability for breach and is likely to be decided on a case-by-case basis. Normally, a party may not escape a contractual obligation merely because performance would be more expensive or more difficult than contemplated ( Butler v. Nepple (1960) 54 Cal. 2d 589, 599; Kennedy v. Reece (1964) 225 Cal. App. 2d 717, 725) . If performance of a contract is possible, nonperformance can result in a breach. If what is agreed to be done is possible and lawful, it must be done. Otherwise, the nonperforming party must pay damages, even if the performance was rendered impracticable or even impossible by an unforeseen cause over which the party had no control ( Kennedy v. Reece (1964) 225 Cal. App. 2d 717, 725) .

When Performance May Be Excused?

When the nonperformance is due to excessive and unreasonable difficulty or expense the defense of impossibility may apply ( Mineral Park Land Co. v. Howard (1916) 172 Cal. 289, 293; Christin v. Superior Court (1937) 9 Cal. 2d 526, 533 ) The operative word, in this context, seems to be “excessive.” A party invoking the impossibility defense must show that reasonable efforts were used to surmount the obstacles that prevented performance ( McCalden v. California Library Ass’n (9th Cir. 1990) 955 F.2d 1214, 1219 , cert. denied, 504 U.S. 957 (1992)) .

Performance may also be excused if the passage of a statute or ordinance, such as the shelter-in-place and social distancing orders, makes the contemplated performance illegal. ( Civ. Code § 1511(1) ; Webster v. Southern Cal. First National Bank (1977) 68 Cal. App. 3d 407, 415–416) . An action for breach of contract does not lie when its performance is prevented by operation of law. ( Civ. Code , §. 1511; National Pavements Corp. v. Hutchinson Co . (1933) 132 Cal. App. 235, 238.) As an example, if you run a day care and are unable to provide services as a result of the enactment of the shelter-in-place orders, you are not in breach. The question becomes, can or should such a business, continue to lawfully charge fees for services it cannot provide? The answer is – probably not.

However, laws that merely make performance unprofitable or more difficult or expensive also do not excuse the duty to perform a contractual obligation ( Lloyd v. Murphy (1944) 25 Cal. 2d 48, 55) .

Conclusion

Like everything else in law, where there are no bright-line rules, the question of whether performance is excused will depend on a myriad of factors, including, whether the shelter-in-place orders made it impossible, impracticable or illegal on the one hand, or merely inconvenient, difficult or more expensive on the other hand to perform under a contract. In the former case, the defense of impossibility will most likely prevail. In the latter case, it will likely depend on the degree of difficulty or expense.

If your business is being impacted by the COVID 19 pandemic and the shelter-in-place directives, and you want to discuss options please give us a call at Jahangiri Law Group at 925-574-0100. Although we are working from home, we are regularly receiving phone messages and promptly returning phone calls.

The post May a Contract Be Forgiven if it Becomes Impossible or Impracticable to Perform? appeared first on Jahangiri Law Group .

The Impact of COVID 19 on Small Businesses and the Force Majeure (Act of God) Clause

Thu, 02 Apr 2020 20:18:00 GMT

During these times of uncertainty in the business sector, issues pertaining to contractual obligations are arising. With many companies being forced to reduce or completely shut down business due to governmental limitations, businesses across the country are concerned about meeting and keeping their existing contracts. Force Majeure provisions and the Act of God clause are used in many contracts to consider the possibility of unexpected circumstances. Normally a Force Majeure clause is triggered when the occurrence of an unexpected event, also known as an Act of God, inhibits completion of the contract so it is excused. In many states across the country, the Act of God clause is enabled to excuse or delay contracts due to natural disasters, pandemics, or any event that inhibits contractual obligations from being met due to factors beyond the party’s control.

The phrase “Act of God” is arguable due to the many interpretations of it. In relation to the COVID-19 outbreak, the virus may not have been man-made, but the spread of the virus and the resulting global spread of the virus is man-made and, therefore, may not be seen as an act of God in the traditional sense. However, in California, the test to determine if an event is an act of God is dependent upon if there was “an insuperable interference… as could not have been prevented by the exercise of due diligence.” Pac. Vegetable Oil Corp. v. C.S.T., Ltd. (Cal. 1946) 29 Cal.2d 238. In addition, the California Civil Code section 1511 states that a contractual obligation is excused when it is prevented or delayed by “an irresistible, superhuman cause, or by the act of public enemies of the state or of the United States, unless the parties have expressly agreed to the contrary.”

Although there is code prepared for situations similar to the COVID-19 outbreak, some contracts may not include consideration for a pandemic situation. In some cases where the parties’ written contract states an intent to plan for unforeseen scenarios, those terms will generally control and be enforced by the courts. Specific language is necessary to enforce the act of God clause within a contract. In addition, when there is no contract language or Force Majeure provision, contract law in California still recognizes and accommodates situations where contractual performance is made impossible due to unforeseeable circumstances; as stated, “an unwritten event can still fit within the act of God provision if it is unforeseeable at the time of contracting.” Autry v Republic Productions (1947) 30 Cal.2d 144.

Not being able to work during times of government mandated shut down does not by itself excuse the obligation to the contract. A party to the contract who knows it will not be able to perform an obligation, has the right to bring an action for declaratory relief first. Furthermore, the filing party holds the responsibility to frame the issues for the judge. The party bearing the burden must prove that there has been “extreme and unreasonable difficulty, expense, injury, or loss involved.” Metzler v. Thye (1912) 163 Cal. 95, 98. Companies must also prove that they made sufficient or reasonable efforts to avoid consequences of the force majeure event. Butler v. Nepple (1960) 54 Cal.2d 589. 599.

In the coming months, the court system will begin processing and hearing contract disputes that developed during the COVID-19 shutdowns. In California, the laws may be more favorable when extending consideration for Force Majeure, as California Civil Code section 3526 states, “no (wo)man is responsible for that which no (wo)man can control.”

If your business is being impacted by the COVID 19 pandemic and the resultant shelter-in-place directives, and you want to discuss options please give us a call at 925-574-0100. Although we are working from home, we are regularly receiving phone messages and promptly returning phone calls. We offer free 15-minute phone consultations.

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Operations During Shelter-in-Place

Wed, 18 Mar 2020 23:55:00 GMT

While we all grapple with the Corona Virus and related issues, we want you to know that we are doing whatever we can to continue serving clients and the public. We will try to accommodate anyone for consultation or meetings by altering when and how a meeting takes place. We offer video-conferencing and tele-conferencing as an alternative.

Some courts are closing. Some are reducing access or hours of operation. We will monitor and report how this may affect pending cases and court operations for the near future.

Let us know if you have any questions. Best wishes for your safety and health.

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Suborning Perjury

Fri, 06 Mar 2020 21:39:00 GMT

Most of the time, merely knowing that someone else is planning on committing perjury, without trying to make it happen, will not amount to suborning perjury. However, while attorneys are barred from trying to influence a witness to lie under oath, they also must not call a witness whom they know or believe will lie under oath. And, once an attorney learns that a client or any witness intends to lie under oath, the attorney must inform the witness of the consequences of committing perjury and advise the witness not to do so.

In a civil or criminal trial, if the witness who intends to give false testimony is not the attorney’s client, the attorney is duty-bound not to call that witness. No matter how much the attorney’s client wants that person to testify, the lawyer can just say no.

Neither the State Bar Act nor the California Rules of Professional Conduct specifically mention use of perjured testimony. Rather, they simply state lawyers must employ “such means only as are consistent with truth.” [ Bus. & Prof.C. § 6068(d); CRPC 5–200(A) (emphasis added)]

However, under the ABA Model Rules: “A lawyer shall not knowingly . . . offer evidence that the lawyer knows to be false.” [ ABA Model Rule 3.3(a)(3)] In addition, the ABA Model Rules require a lawyer who has offered false material evidence to take reasonable remedial measures when he or she becomes aware of its falsity. [ ABA Model Rule 3.3(a)(3)]

Both the ABA Model Code (DR 7–102(A)(4)) and the ABA Model Rules (3.3(a)(3)) preclude “knowing” use of perjury. “Knowing” means actual knowledge that the witness intends to lie on the witness stand, although that knowledge may be inferred from the circumstances. [ABA Model Rules, Terminology ¶ 5; see Orange County Bar Ass’n Form.Opn. 2003–01 (adopting “actual knowledge” standard)]

An attorney must attempt to dissuade the client from committing perjury: “(A)t a minimum the attorney’s first duty when confronted with a proposal for perjurious testimony is to attempt to dissuade the client from the unlawful course of conduct.” [ Nix v. Whiteside (1986) 475 US 157, 169, 106 S.Ct. 988, 995; People v. Johnson (1998) 62 CA4th 608, 621, 72 CR2d 805, 811–812—“The persuasion solution, when it succeeds, is the ideal solution since it involves neither the presentation of perjured testimony nor disclosure of client confidences”]

The duty to discourage prospective perjury applies to all lawyers: “No lawyer, whether prosecutor or defense counsel, civil or criminal, may knowingly present lies to a jury and then sit idly by while opposing counsel struggles to contain this pollution of the trial.” [ United States v. LaPage (9th Cir. 2000) 231 F3d 488, 492—criminal conviction overturned where prosecutor failed to correct prosecutorial testimony known to be false]

The attorney is the “captain of the ship” with regard to presentation of evidence (at least in civil proceedings) and risks liability accordingly.

It is a crime (subornation of perjury) to “willfully procure another person to commit perjury.” [ Pen.C . § 127 (emphasis added)] Comment: This is a specific intent crime and would apply only where the attorney is the instigator of the perjured testimony.

An attorney who attempts to or does mislead the court is guilty of direct contempt: “The presentation to a court of a statement of fact known to be false presumes an intent to secure a determination based upon it . . .” [ Vaughn v. Mun.Ct. (1967) 252 CA2d 348, 358, 60 CR 575, 581; Vickers v. State Bar (1948) 32 C2d 247, 253, 196 P2d 10, 13–14—“The conduct denounced . . . is not the act of an attorney by which he successfully misleads the court, but the presentation of a statement of fact, known by him to be false, which tends to do so”]

Misleading the court is an “act of moral turpitude” and cause for discipline. [ Bus. & Prof.C. § 6106—attorney’s acts of moral turpitude are cause for discipline; In re Jones (1971) 5 C3d 390, 400–401, 96 CR 448, 454–455—convictions for subornation of perjury and offering false evidence; Worth v. State Bar (1978) 22 C3d 707, 711, 150 CR 273, 275–276—attorney disbarred for falsifying evidence in State Bar disciplinary proceeding]

JAHANGIRI LAW GROUP, APC specializes in business and corporate law , business, commercial and real estate litigation and transactions. We are located in San Ramon, Contra Costa County. We are open from 8:30 a.m. to 5 p.m., Monday to Friday. To make an appointment please call 925-574-0100.

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Usurious Loans

Thu, 30 Jan 2020 02:38:00 GMT

Many people rely on loans, but not everyone is aware of the limits of borrowing or lending money. All states have differing laws and limitations for loans, so for the purpose of this article the California Constitution will serve as the main resource. Usury is one of the main concerns when loaning money or taking out a loan. Usury is defined, in Article 15 of the California Constitution, as the charging of interest on a loan that exceeds what is stated in the law. In California the general rate for a loan is 7% per annum, followed by 10% per annum on loans intended for personal and household purposes. Other loans also have a rate of 10% per annum or 5% per annum plus a rate established by the Federal Reserve Bank of San Francisco.

Unless listed as exempt from this law, no lender can charge more than 10% per annum on a loan. Usury laws aim to protect all parties involved; however, in some instances there are exemptions to the law. Firstly, usury limitations do not apply to many large lending groups, like credit unions or banks. Secondly, loans for home purchase or renovation do not fall under usury law. And lastly, limits do not apply to a real estate broker if the loan is secured by real estate. There are grave consequences for usury for lenders. In many cases the borrowers affected by the usurious loans can gain back much of what they lost in the usurious interest, or more. If caught originating a loan deemed usurious, lenders may have all interest nullified or the court may decide to award the borrower treble damages or triple the amount of interest. Treble damages can be awarded by the court when a party has knowingly and intentionally charged an excessive interest rate, knowing it was illegal. However, once a loan is deemed usurious the lenders are still owed the principal amount on the loan, or however much there is left to pay off.

Both lenders and borrowers can unknowingly fall into usurious loan agreements, although lenders are more commonly caught originating usurious loans. Committing usury can lead to financial damages, legal costs and potential criminal liability. To avoid the repercussions of a poor loan agreement, it is recommended to seek out representation of an attorney to facilitate the transaction. By hiring a professional to draw up the promissory note and monitor the agreed-upon interest rate, the loan agreement will be limited under usury law protecting all parties involved.

JAHANGIRI LAW GROUP specializes in business, corporate, commercial and real estate litigation and transactional law. We are located in San Ramon. We are open from 9:00 a.m. to 5 p.m., Monday to Friday. To make an appointment please call 925-574-0100.

Sources

California Const. art XV. – usury law

Ghirardo v. Antonioli (1994) 8 Cal.4th 791, 798. – usury

Teichner v. Klassman (1966) 240 Cal.App.2d 514, 524. – principal amount

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Are Your Seniors Being Financially Exploited?

Thu, 30 Jan 2020 02:17:00 GMT

We expect our golden years to be relaxing and rewarding. Yet as we grow older, we tend to start relying on other to assist us with things that we could once handle on our own. It is during those times that we become susceptible to being taken advantage of by the very people we trust. In fact, it is believed that 1 out of 20 seniors in the US are financially abused. The sadder part is that the financial exploitation of seniors is primarily carried out by family members and other trusted individuals in the senior’s life, 90% to be exact. [National Adult Protective Services Association (NAPSA)]

The severity of this issue demands attentiveness on the part of both the senior but also those close to them. Elder financial abuse can take on various forms ranging from outright theft of a senior’s assets to the common con or scam that prey on seniors’ trust and at times reliance on others. The National Committee for the Prevention of Elder Abuse [NCPEA] and [NAPSA] provide exhaustive lists on their websites but here are a few more examples:

How Can I Tell if this is Happening?

If you are in the unique position of having access to your elder’s bank statements, knowing their sources of income and expenses, then you are best situated to help them identify potential abuse. When it comes to cases like these, it usually won’t be the obvious email scam, but rather a series of occurrences that should raise some red flags.

If you have access to bank statements, be on the lookout for any unusual activity such as withdrawals or transfers between accounts that they can’t explain or have no recollection of. Have they begun the process of adjusting their estate unexpectedly? If so, they could have been pressured or be signing documents that they don’t have a complete understanding of. Once again, the NCPEA provides more information on this topic.

In addition, the behavior and situations of those near your older relative should be taken into consideration. Does someone have a gambling problem or is currently in a dire financial situation? These things can be even more troublesome as family dynamics and extremely personal relationships can become involved.

What Can I Do?

The best way to address elder financial abuse is to prevent it from starting in the first place. If your older relative has reached a point where they are having difficulty taking care of themselves, they’re becoming more reliant on others, or if they’re increasingly isolated and therefore prone to being targeted, you should do your best to create a network around them that can look after them. This means keeping in contact with them and listening to them. Keep an ear out for any mentions of a “new investment opportunity” or a new friend/caretaker that seems to express an unusual interest in your relative’s estate. More often than not, you can prevent scams before they even start by being attentive.

Calling an expert on elder financial exploitation can always provide clarity to a crime that isn’t always that obvious. Jahangiri Law Group specializes in business law and we are familiar with all forms of elder financial abuse. Although we can provide our professional assessment of your elder’s situation, it is up to you to report and seek out further help in order to put an end to your elder’s abuse.

If you wish to know more about our services, go to https://www.thejlawgroup.com or reach us at 925-574-0100

Below are the 24 hour Abuse Hotline numbers for both Alameda and Contra Costa Counties respectively:

(866) 225-5277

(877) 839-4347 (925) 646-2854

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Jahangiri Law Group

Wed, 15 Jan 2020 17:39:00 GMT

I am happy to announce the opening of Jahangiri Law Group – a business and real estate law firm. We are located in San Ramon and will continue to provide excellent services to our most esteemed clients.

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