A Comparison of Avoiding Powers Under California Business Liquidation Strategies

by René Lastreto II1 and Michael J. Gomez2 Those that deal with a troubled business on the verge of liquidation must be aware of the risks. Most are aware that payment of “old” invoices or accounts just prior to filing a bankruptcy may result in preference liability for the business that has collected on the “old” account. But there are other options available to a liquidating business under California law. Two of those non-bankruptcy options are Assignments for Benefit of Creditors and … [Read more...]

Comparing Liquidation Strategies for Troubled Businesses: Stays or Lack of Stay of Enforcement of Creditors Claims

by René Lastreto II1 and Michael J. Gomez2 A troubled business that must be liquidated has some options depending on several circumstances. Obviously, many factors must be considered in choosing the best option for the business, the equity holders in the business and the creditors. This article explores one consideration-stays of creditor enforcement measures. The Assignment for Benefit of Creditors, Receiverships and Bankruptcy each provide different mechanisms for relief from creditor … [Read more...]

Reminder! Failure to Comply with Mechanic’s Lien Requirements Has Disastrous Results

By Matthew W. Quall and Ana de Alba Any developer, owner, contractor, subcontractor, material supplier, or design professional should be aware of the changes that have been made to California Mechanic's Lien Law which have taken effect as of January 1, 2011. Failure to properly implement these changes will have drastic consequences as it will render a Mechanic's Lien unenforceable as a matter of law. … [Read more...]

Producer’s Liens: Enforcement Issues

by René Lastreto II[1. Rene Lastreto, II is an owner shareholder at Lang, Richert & Patch, Attorneys at Law, a Professional Corporation. He has 30 years of experience in representing all contingencies in the loan enforcement process including lenders, bankruptcy trustees, borrowers, equipment lessors and others. His practice is in all Courts including the Bankruptcy Courts, Federal Courts and California Superior Courts. He is certified in the area of Creditors Rights Law by the … [Read more...]

Issues in Enforcing California Dairy Cattle Supply Liens

by René Lastreto II[1. Rene Lastreto II is an owner shareholder at Lang, Richert & Patch, Attorneys at Law, a Professional Corporation. He has 30 years of experience in representing all contingencies in the loan enforcement process including lender, bankruptcy trustee, borrowers, equipment lessors and others. His practice is in all Courts including the Bankruptcy Courts, Federal Courts and California Superior Courts. He is certified in the area of Creditors Rights Law by the American Board of … [Read more...]

Lang Richert & Patch Leads Central Valley Law Firms in Growing Green.

It started with a simple decision to switch from buying bottled water to installing a filtered water system. Today Lang, Richert and Patch has adopted a series of environmentally friendly policies that led it to become the first private law firm based in the Central Valley to be recognized by the ABA as a Partner in their Climate Challenge program. “We have learned that going green today can mean saving green” said partner, Robert Patch II.  Lang, Richert and Patch has shown that you can … [Read more...]

A Trend Toward Harmonizing Reasonable Accommodation and Interactive Process Claims Under the FEHA and ADA?

Nadaf-Rahrov v. Neiman Marcus Group, Inc., et al.: A Trend Toward Harmonizing Reasonable Accommodation and Interactive Process Claims Under the FEHA and ADA? The Court of Appeal for the First Appellate District in Nadaf-Rahrov v. Neiman Marcus Group, Inc., et al. (Sept. 10, 2008, Cal. Ct. App. 1st) __ Cal.App.4th __ [2008 DJDAR14314] held the federal definition of “reasonable accommodation” applies to disability-based discrimination claims under California’s Fair Employment and Housing Act, … [Read more...]

Court of Appeal Rules Employers Must Only Provide Meal and Rest Breaks

Update: The Supreme Court Agrees To Hear Case Ruling Employers Must Only Provide Meal and Rest Breaks On October 22, 2008, the California Supreme Court granted review of Brinker Restaurant Corp. v. Superior Court (2008) 165 Cal.App.4th 25.  The Court of Appeal found, among other things, that employers need only provide, not ensure, that meal and rest periods are taken.  Because the Supreme Court has granted review, the findings by the Court of Appeal are no longer good law and should not be … [Read more...]

Are You In Compliance With The New California Foreclosure Laws?

In an effort to “help even more Californians keep the American Dream of homeownership alive,” Governor Schwarzenegger signed SB 1137 into law on July 8, 2008. Taking full effect on September 6, 2008, the new laws have implications for lenders and borrowers alike. … [Read more...]

General Counsel to Employees: Think Before You Send

Katheryn Hayes Tucker Fulton County Daily Report E-discovery rules have caused in-house counsel to take a harder line with some of the e-mails that workers think are private "Don't put this in writing, but ... " Those are the opening words of an e-mail that got the writer's company in legal hot water. And there are plenty more where that came from. "This is off the record," started the e-mail that in fact put it all on the record. How about this one? "We may be in breach of contract, and here's … [Read more...]