In State Dept. of Health Services v. Superior Court (2003) 31 Cal. 4th 1026, 1044, the California Supreme Court stated: “[I]n a FEHA action against an employer for hostile environment sexual harassment by a supervisor, an employer may plead and prove a defense based on the avoidable consequences doctrine. In this particular context, the defense… Read More »Raising the Avoidable Consequence Defense In Employment Matters
Buyers frequently request Sellers to extend the agreed upon closing date for real estate transactions. In response to such a request, Seller will often agree to provide Buyer with an extension if Buyer increases Buyer’s deposit. Let’s call this Response #1. As an alternative, Seller may want to consider agreeing to provide Buyer with an… Read More »Requests to Extend Closing Dates
Parties contemplating lease terms that relate to subleasing or terms for an actual sublease should consider the implications that case law may have on the survival of a sublease upon the surrender, forfeiture, or termination of a prime lease. Failure to do so could result in in an unexpected outcome. An examination of the cases… Read More »Status of Sublease Upon Surrender, Forfeiture or Termination of Prime Lease
