Understanding the New Non-Compete Clause Laws: A Guide for Business Managers and Employees

Understanding The New Non-Compete Clause Laws - Lloyd Winter Law

Introduction to Non-Compete Clauses Non-compete clauses have long been a staple in employment contracts, designed to protect businesses from the risk of losing valuable intellectual property and proprietary information to competitors. These clauses restrict an employee’s ability to engage in similar employment or start a competing business within a specific geographic area and for a […]

What is Litigation Privilege in California?

What is Litigation Privilege - Lloyd Winter Law

What is Litigation Privilege in California? People often ask whether the existence of a lawsuit can be the basis for a damages claim for defamation or harm to reputation. For example, if someone files a lawsuit against me (which is public record) claiming that I stole from them, that may harm my reputation. Do I […]

Contractor Disputes

Contractor Disputes - Lloyd Winter Law

Contractor Disputes When dealing with a dispute with a contractor working on your property, there are several steps you can take to resolve the issue. These range from direct negotiation to formal legal actions. Here’s a structured approach you might consider:  Direct Communication Begin by addressing the issue directly with the contractor. This can often […]

Unlawful Detainers FAQ 

Unlawful Detainers - Lloyd Winter Law

Our firm often receives questions related to eviction actions, also known as unlawful detainers. Here are some of the most common:  1) My tenant is not paying, can I toss their stuff on the curb and change the locks?  Landlords are not allowed to engage in “self-help” techniques. Self help is any method of evicting […]

Mitigation of Damages

Mitigation of Damages - Lloyd Winter Law

When a wrongdoing has been committed at your expense, the value of the loss/harm to you is known as damages. Sometimes, that figure is fairly easy to ascertain (for example, if you loan someone $5 and they fail to pay it back – you are out $5). Sometimes, that figure is tricky to ascertain (for […]

Statute of Limitations 

Statute of Limitations - Lloyd Winter Law

The term “statute of limitations” is common in the legal world. You may have heard that term in relation to criminal law (there is no statute of limitations for murder, for example, in most states), but statutes of limitation also apply in civil law.  A statute of limitations is the maximum time allowed for a […]

What Court Should I Use?

What Court Should I Use - Lloyd Winter Law

When you have been wronged by another person, you may want to file a lawsuit against them. It is typically more efficient to try to work things out with them pre-litigation (in other words, before you reach the point of filing a lawsuit). But if resolution attempts have failed, then you have several options as […]

Why do Lawyers Require a Retainer?

Why do Lawyers Require a Retainer - Lloyd Winter Law

Once an attorney has undertaken representation of you in a legal matter, certain ethical obligations attach. Where an attorney is registered as counsel of record in an ongoing court case, for example, an attorney cannot simply stop working. They must have a Substitution of Attorney form signed by the client and judge or, in some […]

Mechanic’s Liens

Mechanic's Liens - Lloyd Winter Law

Question: I received a mechanic’s lien that a sub-contractor filed against my property. But I don’t have any contract with the subcontractor. I contracted with a general contractor, and I have already paid them the amount due under the contract. Can I ignore this mechanic’s lien? Or get it removed? Answer: A subcontractor who performs […]

Fence Repairs

Fence Repairs - Lloyd Winter Law

Question: The fence between me and my neighbor is in need of repair. Who is responsible to pay for the fence? Also, my neighbor’s trees are causing the fence to buckle because the tree limbs and roots are pushing on the fence. I think my neighbor should pay to fix that, but they won’t. What […]