Volume 32 | October 2024

FIRM NEWSLETTER

Ibarra v. Arriaga & Associates, Inc.

$19.1 Million Verdict

Steven M. Berki, Sumble Manzoor, and Willa M. Mankins tried this case to a favorable verdict on behalf of workers who were the victims of wage theft. The defendant employed security guards but failed to pay them overtime and double time or provide meal and rest breaks, all as required under California law. 

Multiple Plaintiffs v. Utility Company

Confidential Multi-Million Dollar Settlement

Amanda L. Riddle and Sumble Manzoor reached a confidential seven figure settlement with a utility company on behalf of multiple businesses and residents who suffered damage when a utility pole caught fire. The utility company failed to properly maintain its equipment resulting in an electrical failure and sparks, which ignited surrounding vegetation.

In re Decedent’s Estate

Confidential Multi-Million Dollar Settlement

Sumble Manzoor and Dallas E. Dean filed a petition on behalf of a young widow who was omitted from the estate of her late husband. The evidence showed that our client had been wrongfully excluded from the deceased’s estate as a result of undue influence by a family member. A favorable settlement was quickly reached in the case.

Attorney Spotlight

Ed Daniels started practicing law in 1991 and joined our firm in 2004. Ed spent the last 20 years with our firm dedicated to assisting clients in drafting estate plans tailored to their unique needs and circumstances. He also assisted families with the probate of estates and administration of trusts upon death of a loved one. Since 2011, Ed has managed our Half Moon Bay satellite office serving our Coastside clients. 

 

Ed will retire at the end of 2024, and we will close our Half Moon Bay office at that time. We wish our colleague well in his retirement and look forward to hearing about his travels.

Awards and Accolades

Super Lawyers



Congratulations to our Northern California Super Lawyers and Rising Stars! Super Lawyers’ attorney selection process is peer influenced and research driven, selecting the top 5% of attorneys to the Super Lawyers list and top 2.5% of attorneys  to the Rising Stars list each year.


New Board Appointments


Amanda L. Riddle recently joined the USF School of Law Board of Counselors. The Board of Counselors is a distinguished group of alumni and friends of the law school who provide the Dean with advice about the mission, direction and future of the law school. The Counselors also work to expand the role of the School of Law in the community and to facilitate connection between the School of Law and its alumni and friends.


Ms. Riddle was also recently appointed to the Consumer Attorneys of California Board of Directors. Consumer Attorneys of California is a professional organization that represents the interests of 39 million Californians. Its member attorneys represent plaintiffs seeking accountability from employers who discriminate against workers because of their age, disability, or race, wrongdoers who cause injury or death, or those who violate citizens’ civil rights.  

Corey, Luzaich, de Ghetaldi & Riddle

Legacy Scholarship


We are pleased to announce the second year of our law firm’s law school scholarship. The scholarship is administered by the San Mateo County Bar Foundation. It is open to 2L-4L students at USF Law, UC Law SF, Santa Clara Law, Stanford Law, and Berkeley Law. Up to four scholarships, up to $25,000 each, will be awarded. The webpage and application are now live. Here is the link: CLDR Legacy Scholarship. Applications are due by January 6, 2025.

Labor and Employment Update



November Election Voting Leave


The California Elections Code § 14001 requires employers to post a notice to employees advising them of provisions for taking paid leave for the purpose of voting in statewide elections. Employers must post the employee notice 10 days before a statewide election. Posters are available on the California Secretary of State's website in the following languages: English; Spanish; Chinese; Hindi; Japanese; Khmer; Korean; Tagalog; Thai; and Vietnamese.


Employees are eligible for paid time off for the purpose of voting only if they do not have sufficient time outside of working hours to vote. Polls are open from 7:00 a.m. to 8:00 p.m. California Elections Code § 14000 allows workers up to two hours off, without a loss of pay, to vote if they do not have enough time to do so during their non-work hours. The law requires workers to notify their employers two working days before the election if they need to take time off to vote. Employers may require time off to be taken only at the beginning or end of the employee's shift.



Minimum Wage Increases on January 1


California’s minimum wage will increase to $16.50 on January 1, 2025. Employers: don't forget your exempt employees! Check their salaries to make sure they will still meet the applicable salary test once the minimum wage increases. The minimum salary for full-time exempt employees will increase from $66,560 per year to $68,640 per year on January 1, 2025.




Workers’ Compensation Information Requirements Increased for Employers

 

Currently, employers are required to display, in a conspicuous location frequented by all employees, an informational poster that details employees’ workers’ compensation rights. Now, AB 1870, which goes into effect on January 1, 2025, requires additional information; specifically the poster must inform employees that they may consult a licensed attorney to advise them of their rights under workers’ compensation laws and that, in most instances, attorney’s fees will be paid from the injured employee’s recovery.


If you have questions about how to navigate California’s labor and employment laws, contact our team of seasoned employment litigators and counselors Amanda L. Riddle, Steven M. Berki, Sumble Manzoor, Aileen R. Nguyen, Willa Mankins, Daniel J. Martinez or Xavier E. Harris.

Estate Planning Update



So They Had a Trust; Now What?


Whether it is a parent, a sibling, or a close friend; when someone passes, it is never easy. Beyond the emotional toll, there are practical and logistical tasks that can overwhelm even the most organized person. One of the biggest tasks is administering their trust, should they have one.


While trusts are initially created to support someone when they are alive, they are also means of bequeathing assets when they pass. Typically, when a trust is made the Settlors are the initial trustees. Thus, successor trustees may not really do much until the Settlors pass, at which point they take over as trustees. The first thing a Trustee should do after the death of the Settlors is send out notices to all the beneficiaries notifying them of the Settlors’ death, their rights under the trust, and a host of other statutory provisions. The Trustee will also need to send out notices to certain public entities.


After the “notice phase,” the Trustee should gather and take inventory of all the assets owned by the trust. For some assets, particularly real estate, the Trustee may need to get appraisals or sell the property, depending on the terms of the Trust. Trustees may also need to correct title on any property held, working with the county where the property is located.


With all the assets collected, it is then time for a Trustee to administer the trust. Some trusts call for an outright distribution of assets, while others call for the property to be held and administered for the benefit of an individual over time. In either case, as the Trustee goes about administering the trust, they may need to get consents and waivers from the beneficiaries to ensure that they approve of the Trustee’s actions and to protect the Trustee from liability in case issues arise. Distributions will be made according to the terms of the Trust, and care should be made to ensure that all requirements for distribution are met.


Once the Trust is exhausted, the administration is almost done. The Trustee will prepare a final accounting of all assets, with all beneficiaries giving consent. The courts, in general, may not need to be involved in this process.


Of course, this is a simplified overview. The actual administration may be more complex. We advise trustees seek legal counsel early in the process. We are here to help. With decades of experience in trust and estate administration, we guide clients through every step of the administration. Feel free to contact our estate and probate team:  Stevan N. Luzaich, Andrea A. Nguyen, Dallas E. Dean, Matthew S. Luzaich or Celyn O. Coker.

Community Partner Spotlight


Our firm is a long-time supporter of the San Mateo County Historical Association. In addition to running the San Mateo History Museum in Redwood City, which is currently undergoing a fantastic expansion, the SMCHA runs three other facilities: Sanchez-Adobe, the Folger Estate, and the Woodside Store. Over 75% of San Mateo County elementary school students visit these sites during the school year for field trips. As you are thinking about your year-end charitable donations, we encourage you to check out the SMCHA. It is a 501(c)(3) and accepts grants from donor advised funds.

This newsletter should be considered informational only. Nothing in this newsletter is intended to create an attorney-client relationship.

Employment Law Litigation

When issues arise, our attorneys focus on early intervention to resolve problems within the business before the issue escalates ...
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Probate & Trust Litigation

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