“A lease of real property is both a conveyance of an estate in land (a leasehold) and a contract. It gives rise to two sets of rights and obligations — those arising by virtue of the transfer of an estate in land to the tenant (privity of estate), and those existing by virtue of the […]
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NRDC v. U.S. Department of the Interior
NATURAL RESOURCES DEFENSE COUNCIL, INC.; National Wildlife Federation, Plaintiffs,v.U.S. DEPARTMENT OF THE INTERIOR; U.S. Fish and Wildlife Service; Daniel Jorjani, in his official capacity as the person exercising authority of the Solicitor of the Interior, Defendants.National Audubon Society; American Bird Conservancy; Center for Biological Diversity; Defenders of Wildlife, Plaintiffs,v.U.S. Department of the Interior; U.S. Fish […]
Impossibility of contractual performance
To excuse compliance with a contractual term, “the impossibility of performance must attach to the nature of the thing to be done and not to the inability of the obligor to do it.” (Hensler v. City of Los Angeles (1954) 124 Cal.App.2d 71, 83 (Hensler).) Impossibility means not only strict impossibility, but also “`impracticability because of […]
Adverse employment action
CACI No. 2509. “Adverse Employment Action” Explained [Name of plaintiff] must prove that [he/she/nonbinary pronoun] was subjected to an adverse employment action. Adverse employment actions are not limited to ultimate actions such as termination or demotion. There is an adverse employment action if [name of defendant] has taken an action or engaged in a course […]
Damages under the California Fair Employment and Housing Act
A successful plaintiff under FEHA may recover the following: back pay (also referred to as back wages or lost earnings) (see Govt C §12965(c). Commodore Home Sys., Inc. v Superior Court (1982) 32 C3d 211.); front pay (or lost future earnings) to offset future pecuniary losses until he or she finds appropriate new employment; actual and general compensatory damages, including […]
Gender discrimination in the workplace
The California Fair Employment and Housing Act (FEHA) (as well as Title VII) makes it an unlawful employment practice for an employer, “because of the . . . sex . . . of any person, . . . to discriminate against the person in compensation or in terms, conditions, or privileges of employment.” (Gov.Code § […]
Civil extortion
“Extortion is the obtaining of property from another, with his consent … induced by a wrongful use of force or fear….” (Pen.Code, § 518.) Fear, for purposes of extortion “may be induced by a threat, either: [¶] … [¶] 2. To accuse the individual threatened … of any crime; or, [¶] 3. To expose, or […]
Section 457 deferred compensation plan
A “section 457 plan” is a deferred compensation plan that is maintained by an eligible employer and that complies with the specific requirements set out in IRC Section 457(b). An eligible deferred compensation plan under IRC Section 457(b) is an agreement or arrangement (which may be an individual employment agreement) under which the payment of […]
Promissory estoppel
The Restatement Second of Contracts, section 90 (hereafter Restatement section 90), subdivision (1) provides as follows concerning claims for promissory estoppel: “A promise which the promisor should reasonably expect to induce action or 905*905 forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice […]
Employee benefit plans – Rule 701
Per the SEC Rule 701 exempts certain sales of securities made to compensate employees, consultants and advisors. This exemption is not available to Exchange Act reporting companies. A company can sell at least $1 million of securities under this exemption, regardless of its size. A company can sell even more if it satisfies certain formulas based on […]