California Law Regarding Determination of Whether a Worker Is An Employee or an Independent Contractor

Under California common law, “[t]he determination of employee or independent-contractor status is one of fact if dependent upon the resolution of disputed evidence or inferences….” S.G. Borello & Sons, Inc. v. Department of Industrial Relations, 48 Cal. 3d 341, 349...
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Insurance Bad Faith

An insurer can be subject to tort liability for breach or the implied covenant of good faith and fair dealing where the insurer fails to investigate a claim, fails to defend its insured and/or fails to make a reasonable effort to settle covered claims against its insured within...
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Piercing the Corporate Veil

Under California law, a corporate identity may be disregarded — the ‘corporate veil’ pierced — where an abuse of the corporate privilege justifies holding the equitable ownership of a corporation liable for the actions of the corporation.” See Sonora Diamond Corp. v....
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Under California Law, Employee Wages Cannot Be Attached Prior to Judgment

Under California law, employee wages are exempt from levies of attachment. See Code Civ. Proc. § 487.020(c) (“the following property is exempt from attachment: … (c) ‘Earnings’ as defined by Section 706.011.”); Code Civ. Proc. § 706.011(a) (“‘Earnings’ means compensation payable...
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Legal Standard for Issuance of Restraining Order Against Harassment

California Code of Civil Procedure § 527.6 provides that, “[a] person who has suffered harassment … may seek a temporary restraining order and an injunction prohibiting harassment …” Code Civ. Proc. § 527.6(a). The statute was enacted “to protect the individual’s right to pursue...
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