I help those unfairly harmed by others.
When you've got a civil lawsuit on your hands, life can get stressful. That's why attorney Jason J. Chong and the California Lawsuit Lawyers of the Chong Firm are dedicated to fighting for your rights in person, and helping you win the justice you deserve, in the areas below, and more!
No one plans to be in an accident. Unfortunately, these situations can occur at the worst possible times. While accidents are difficult to deal with at any time, when they are caused by someone else, they can be especially troublesome. The good news is if you have suffered a personal injury, we are here to help. When you hire a personal injury attorney in Southern California, from our law firm, you can feel confident you have someone who is going to fight for you and your rights.
Litigation
Business Disputes
Business dispute is a disagreement or conflict that arises between parties involved in a business relationship. These disputes can occur in various forms and can involve different types of issues such as:
- Contract Disputes: These involve disagreements over the terms, interpretation, or fulfillment of a contract. Common issues include breach of contract, non-payment, and delivery of substandard goods or services.
- Money: This could be a customer not paying for goods or services, or a disagreement between business partners about profits.
- Intellectual Property Disputes: These involve conflicts over the ownership, use, or infringement of intellectual property such as patents, trademarks, copyrights, or trade secrets.
- Shareholder/Partnership Disputes: Conflicts between business partners regarding the management, operations, or financial aspects of the business. Disputes can arise over profit sharing, decision-making authority, or exit strategies.
- Employment Disputes: Issues between employers and employees, such as wrongful termination, discrimination, harassment, wage disputes, or breach of employment contracts.
- Customer or Client Disputes: Disagreements with customers or clients over the quality of goods or services, returns, refunds, or other terms of service.
- Supplier or Vendor Disputes: Conflicts with suppliers or vendors regarding the supply of goods, payment terms, or contract fulfillment.
- Regulatory or Compliance Disputes: Issues arising from non-compliance with laws, regulations, or industry standards. This can include disputes with government agencies or regulatory bodies.
Most businesses try to avoid disputes by having clear contracts and communication. Business disputes can be resolved through various methods, including negotiation, mediation, arbitration, or litigation. The chosen method often depends on the nature of the dispute, the relationship between the parties, and the desire to maintain business relationships. In the event a disagreement can’t be resolved, it may end up in court and have to go through the legal process of resolving the matter.
REAL ESTATE DISPUTES
Real estate disputes are disagreements that arise between people involved in property, often concerning:
Ownership or boundaries: Disagreements can happen between neighbors about property lines, or between co-owners about rights and responsibilities.
Contracts: Disputes can arise if a buyer or seller backs out of a deal, or if there’s a disagreement about the terms of a lease or contract.
Property condition: Buyers may discover problems after purchase that the seller didn’t disclose, leading to disputes.
These issues can be resolved through negotiation, mediation, or even litigation in court
BREACHES OF CONTRACTS
A breach of contract is essentially a broken promise in the world of business agreements. It occurs when one party fails to fulfill their obligations as outlined in a valid contract. This can happen in a few ways:
Non-performance: This is the most common type of breach, where a party fails to deliver on their promises. For example, a contractor might not complete a project on time, or a supplier might deliver faulty goods.
Late payment: If a party fails to pay for goods or services received within the agreed timeframe, it can be considered a breach.
Failure to meet specifications: If the quality of goods or services delivered falls below what was agreed upon in the contract, it’s a breach.
Breaches can be minor or material. Minor breaches might cause some inconvenience but not significant harm, while material breaches significantly impact the other party.
The consequences of a breach of contract can involve lawsuits and various remedies, such as monetary damages to compensate the harmed party.
COPYRIGHT/TRADEMARK INFRIGEMENTS
Copyright and trademark infringement are both forms of intellectual property theft, but they protect different things:
Copyright infringement: This occurs when someone uses a creative work protected by copyright without permission from the owner. This can include things like copying a song, movie, book, painting, or even a software program. Sharing copyrighted material online without permission can also be an infringement. Copyright owners can sue for damages and potentially get infringing copies taken down.
Trademark infringement: This happens when someone uses a trademark (like a brand name, logo, or slogan) in a way that’s likely to confuse consumers about the source of a product or service. For instance, using a logo that closely resembles a famous brand on your own products could be infringement. Trademark owners can also sue for damages and prevent others from using their trademarks in a confusing way.
CONSTRUCTION SUITS
Construction lawsuits are legal disputes that arise from disagreements in construction projects. These can involve many parties, including owners, contractors, subcontractors, architects, and engineers. Here are some of the common reasons for construction lawsuits:
Breach of contract: This occurs when a party fails to fulfill their obligations outlined in the construction contract. Examples include delays, exceeding budgets, or not meeting quality standards.
Construction defects: If the finished building has problems like faulty wiring, leaks, or structural issues, the owner might sue those responsible.
Payment disputes: Disagreements can arise over how much a party is owed, or if work is completed according to the contract.
Personal injury: If a worker is injured on the job due to negligence, they may sue the contractor or other parties responsible for safety.
These lawsuits can be very complex and expensive. In many cases, both sides will have lawyers representing them to navigate the legal issues.
AMERICANS WITH DISABILITIES ACT VIOLATIONS
The Americans with Disabilities Act (ADA) violations occur when businesses or organizations discriminate against people with disabilities. This can happen in various ways:
Physical Barriers: A business might not have ramps for wheelchairs, accessible restrooms, or elevators for buildings with multiple floors.
Communication Issues: Websites without proper text-to-speech options, a lack of sign language interpreters during important events, or failing to provide documents in alternative formats are all potential violations.
Employment Issues: Denying qualified individuals with disabilities jobs, failing to provide reasonable accommodations for existing employees, or making discriminatory hiring decisions are all against the ADA.
These are just a few examples, and the ADA covers a wide range of situations. If someone feels they’ve been discriminated against due to a disability, they can file a complaint.
EMPLOYMENT
UNPAID WAGES
Unpaid wages are a serious violation of employee rights and labor laws with consequences for employers. Employees have legal recourse to recover owed wages and potentially receive additional compensation.
Unpaid wages occur when an employer fails to pay a worker for all the hours they rightfully earned. This can happen for several reasons, like not paying the agreed-upon hourly rate, not compensating for overtime work, or withholding earned commissions or bonuses. It’s essentially money owed to an employee for work completed.
What qualifies as unpaid wages?
Unpaid wages encompass any earned income an employer fails to pay. This includes:
- Regular pay for hours worked (not meeting minimum wage requirements falls under this category).
- Overtime pay for exceeding standard work hours (defined by law).
- Earned commissions, bonuses, or other forms of agreed-upon compensation.
- Unused vacation or sick pay that an employee is entitled to upon termination.
Employer’s obligations: California law mandates prompt payment of earned wages. Deadlines vary depending on the situation such as:
- Termination: All earned wages, including accrued vacation time, are due immediately upon termination.
- Voluntary Quit: Wages are due within 72 hours of an employee’s resignation with proper notice. Without notice, payment is due on the next scheduled payday.
- Regular Payday: Wages must be paid on the regularly scheduled payday established by the employer.
Employee recourse: If an employee faces unpaid wages in CA, they have strong legal options:
- Filing a wage claim: Most states have a designated agency (like the Department of Labor) where employees can file a claim to recover unpaid wages and potentially penalties.
- Lawsuit: Employees can sue their employers in court for unpaid wages, liquidated damages (additional compensation for harm caused), and potentially attorney fees.
Penalties for employers: Employers who willfully withhold wages can face significant consequences, including fines, penalties, and being ordered to pay the owed wages plus interest.
OVERTIME
Earning Overtime: Most California employees qualify for overtime pay if they work beyond standard work hours. This standard is defined as:
Daily: More than 8 hours in a single workday.
Weekly: More than 40 hours in a workweek (7 consecutive days).
Overtime Rate: Unlike regular pay, overtime is compensated at a premium rate:
Time and a Half (1.5x): This is the standard overtime rate for exceeding 8 hours in a workday or 40 hours in a workweek.
Double Time (2x): California law kicks in double pay for specific scenarios: working more than 12 hours in a single day or exceeding 8 hours on the seventh consecutive day of work.
Employee Exemptions: Some employees are exempt from overtime laws, but these categories are narrow. Generally exempt employees hold specific salaried positions in certain industries or are classified as independent contractors.
Recordkeeping: California employers are legally required to maintain accurate records of all employee hours worked, including overtime hours.
Employee Rights: If an employee feels they haven’t been properly paid for overtime, they have legal recourse:
Filing a Wage Claim: The California Division of Labor Standards Enforcement (DLSE) offers a free process to file a claim to recover unpaid overtime wages and potentially penalties.
Lawsuit: Employees can sue employers in court for unpaid overtime, liquidated damages (additional compensation for harm caused), interest, and attorney fees.
MEAL AND REST BREAKS
California offers some of the most generous meal and rest break provisions in the US. Meal breaks are unpaid but must be uninterrupted and free from work duties. Rest breaks are shorter but more frequent and also uninterrupted. Employers are liable for additional pay if they fail to provide compliant breaks. Employees have the right to take breaks but can choose to waive them voluntarily.
Meal Breaks:
Who Gets Them: California labor law mandates meal breaks for most employees who work more than 5 hours in a workday. This applies to a wide range of workers, unless they fall under specific exemptions (such as certain salespeople or independent contractors). Employers in California are legally required to allow all non-exempt employees to take uninterrupted meal and rest breaks per working day.
Non exempt employees are workers who are not administrators, supervisors, professionals, and executives. Here are some examples:
- Cashiers
- Retail salespeople
- Factory workers
- Bus drivers
- Construction workers
- Many Administrative assistants
Meal Break Length: A minimum uninterrupted break of 30 minutes is required for these employees. Employers cannot deduct this time from an employee’s pay if the break is uninterrupted and the employee is relieved of all duties.
Important Note: Employers are not obligated to pay for meal breaks, as long as they provide a true break free from work duties. Employees cannot be interrupted for work-related matters during their meal break.
Rest Periods:
Who Gets Them: Similar to meal breaks, rest periods are required for most employees who work more than 3 hours in a workday.
Rest Period Length: Shorter and more frequent breaks are mandated:
One 10-minute uninterrupted rest period for every 4 hours worked.
An additional 10-minute break if the workday extends beyond 8 hours.
Employer Responsibilities:
Making Breaks Available: Employers must ensure meal and rest break opportunities are available to employees at designated times. They cannot pressure employees to skip breaks or work through them.
Uninterrupted Breaks: Breaks should be free from work duties. Employees shouldn’t be required to be near their work stations or be reachable for work-related issues during breaks.
Employee Rights:
Taking Breaks: While employers must provide the opportunity, employees can choose to waive or shorten their meal breaks (voluntary only, with mutual agreement and no pressure from employers) if their work shift is 6 hours or less.
Compensation for Missed Breaks: If an employer fails to provide a compliant meal or rest period, they are liable to pay the employee an additional hour of pay at their regular rate for each workday the break wasn’t provided. This is a significant penalty that incentivizes employers to comply with break laws.
DISCRIMINATION
California has comprehensive laws prohibiting employment discrimination. Discrimination can occur in various forms throughout the employment process. Employees have legal recourse if they believe they have been discriminated against. Employers have a responsibility to maintain a discrimination-free workplace and address any complaints. California law protects individuals from employment discrimination based on a wider range of characteristics compared to federal law. These protected characteristics include:
- Race, color, national origin, and ancestry
- Religion and creed
- Sex, gender (including pregnancy, childbirth, and breastfeeding), sexual orientation, gender identity, and gender expression
- Age (40 and over)
- Disability (physical or mental)
- Medical condition
- Marital status
- Veteran or military status
Prohibited Actions: Employment discrimination can occur in various forms. It’s illegal for employers to discriminate against applicants or employees based on protected characteristics in any aspect of employment, including:
- Recruitment and hiring
- Job assignments, promotions, and transfers
- Training and development opportunities
- Compensation and benefits
- Discipline and termination
- Creating a hostile work environment (offensive conduct based on a protected characteristic that unreasonably interferes with work performance)
Examples of Discrimination:
- Denying a job interview or promotion to a qualified candidate because of their race or age.
- Offering lower pay or benefits to female employees compared to male colleagues in similar positions.
- Terminating an employee with a disability because of their medical condition, without considering reasonable accommodations.
- Creating a workplace environment where someone is subjected to offensive jokes or harassment based on their sexual orientation.
California vs. Federal Law:
Protections: California offers broader protection than federal law. For example, California protects against discrimination based on pregnancy, gender identity, and veteran status, which aren’t explicitly covered under federal law.
State vs. Federal Claims: Employees can potentially pursue claims under both California and federal law, depending on the specific situation.
Employee Rights and Legal Recourse:
If an employee believes they have experienced discrimination, they have various options available to them. Employees can
- File a complaint with the California Department of Fair Employment and Housing (DFEH). They have a longer filing window (up to three years)
- File a complaint with Equal Employment Opportunity Commission. The filing window is typically 180 days.
- File a lawsuit against their employers in court. This may be for damages, emotional distress, lost wages, and even punitive damages in certain cases.
Lawsuit: Employees can sue their employers in court for damages, including lost wages, emotional distress, and potentially punitive damages in cases of willful misconduct.
Employer Obligations:
California employers are legally obligated to:
Maintain a discrimination-free workplace: This includes creating policies prohibiting discrimination and providing anti-discrimination training for employees and supervisors.
Investigate complaints of discrimination: Employers must take all complaints seriously and conduct a prompt and thorough investigation.
Take corrective action: If discrimination is found, employers must take appropriate corrective action, which could include reinstatement, back pay, or disciplinary action against those involved.
RETALIATION
Employment retaliation in California refers to adverse actions taken by an employer against an employee as a response to the employee engaging in legally protected activities. Retaliation can take various forms and is prohibited under both federal and state laws. Here are some examples:
- Filing a Complaint: Lodging a complaint about workplace issues, including discrimination, harassment, or unsafe working conditions, with the employer or with government agencies like the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).
- Participating in an Investigation: Cooperating with or participating in an investigation or lawsuit concerning workplace violations.
- Whistleblowing: Reporting illegal activities or violations of laws and regulations to government agencies.
- Exercising Employment Rights: Taking legally entitled leaves, such as family and medical leave, pregnancy leave, or sick leave; filing for workers’ compensation; or requesting reasonable accommodations for disabilities or religious practices.
Unfortunately, retaliation does happen and can so in many different ways. including but not limited to:
- Termination: Firing the employee.
- Demotion: Reducing the employee’s job rank or responsibilities.
- Salary Reduction: Cutting the employee’s pay.
- Negative Evaluations: Giving unjustified poor performance reviews.
- Reassignment: Transferring the employee to less desirable or less prestigious positions.
- Harassment: Creating a hostile work environment.
- Disciplinary Actions: Issuing unwarranted disciplinary actions.
- Exclusion: Excluding the employee from meetings, training, or other opportunities.
Under California law, specifically the Fair Employment and Housing Act (FEHA) and the Labor Code, employees who face retaliation are entitled to seek remedies, which may include:
Reinstatement: Returning to their former job position.
Back Pay: Compensation for lost wages and benefits.
Damages: Monetary compensation for emotional distress and punitive damages.
Attorney’s Fees and Costs: Reimbursement for legal expenses.
Filing a Retaliation Claim
Employees who believe they have been retaliated against can file a complaint with the DFEH or the EEOC. They may also choose to file a lawsuit in civil court. The process typically involves:
- Documentation: Gathering evidence of the retaliatory actions and the protected activities.
- Filing a Complaint: Submitting a detailed complaint to the relevant agency or court.
- Investigation: Undergoing an investigation by the agency or legal proceedings in court.
- Resolution: Reaching a settlement or receiving a court judgment.
Due to the complexity of retaliation cases, it is best to seek legal consultation. Here at The Chong Firm, we can help you navigate the legal process and advocate for you to seek justice and necessary compensation.
WRONGFUL TERMINATION
California is an “at-will” employment state, meaning employers generally have the freedom to fire employees without a reason. However, there are exceptions where an employee can sue for wrongful termination. Wrongful termination in California occurs when an employer fires you for an illegal reason. Here are some common reasons for wrongful termination claims:
Discrimination: This includes being fired because of your race, age, gender, religion, disability, or other protected characteristics.
Retaliation: This happens if you’re fired for exercising your legal rights, like filing a complaint about discrimination or unsafe working conditions.
Violation of Public Policy: This covers situations where you’re fired for refusing to commit an illegal act or upholding a legal right, like reporting a crime.
Breach of Contract: If you have a written employment contract and the employer fires you without following its terms, it could be wrongful termination.
Constructive Discharge: This applies when your employer creates such a hostile work environment that you’re forced to quit.
EVICTIONS
EVICT TENANTS
California’s eviction laws are particularly tenant-protective but that doesn’t mean a landlord can’t legally and rightfully evict a tenant. California’s Tenant Protection Act of 2019 (AB 1482) requires landlords to have a “just cause” reason to evict tenants who have lived in the unit for at least 12 months. Landlords can only evict tenants for lawful reasons including:
Nonpayment of rent: This is the most common reason. If rent is late, the landlord must usually provide a written notice (e.g., 3-day “pay or quit” notice) before filing for eviction.
Lease violations: Breaching the lease agreement, like unauthorized pets or damaging the property, can be “just cause” reasons for eviction if proper notice is given. Serious or repeated violations that threaten health or safety, or substantially interfere with other tenants’ rights are also grounds for eviction.
End of lease: If a fixed-term lease expires and the tenant remains, the landlord may require them to vacate with a proper notice (e.g., 30-day notice).
Eviction Process:
The eviction process in California generally follows these steps:
Notice: Landlord serves a written notice following the required format and timeframe.
Unlawful Detainer Lawsuit: If the tenant doesn’t comply, the landlord files an unlawful detainer lawsuit in court.
Court Hearing: The tenant has the right to appear in court and defend themselves. This includes contesting the eviction or seeking repairs if habitability issues are present.
Ruling: The judge decides whether to grant the eviction.
Removal: If the court rules for eviction, the tenant will be given a deadline to move out. If they don’t leave, the sheriff may forcibly remove them.Tenant Protections:
DEFEND AGAINST YOUR EVICTION
Just like landlords, tenants have rights too. California has strong tenant protection laws in place to prevent unlawful evictions. Tenants cannot be evicted illegally, and some areas even have rent control laws or limitations on eviction during emergencies.
Tenant Protections:
- The Tenant Protection Act (TPA): This law protects tenants in buildings constructed before 2019 from eviction without “just cause.” Just cause reasons for eviction include non-payment of rent, violating lease terms (e.g., disturbing the peace), or owner moving in under specific conditions.
- Rent Control: Many California cities and counties have rent control laws, limiting annual rent increases for certain rental units.
Defenses Against Eviction:
- Lack of Proper Notice: Landlords must follow strict procedures for providing eviction notices. If the notice is flawed or incomplete, you might have grounds to contest the eviction.
- Unlawful Reasons for Eviction: If your landlord is trying to evict you for a reason not considered “just cause” under the TPA or your local rent control ordinance, you can defend against the eviction.
- Habitability Issues: Landlords have a responsibility to maintain habitable living conditions. If your rental unit has unaddressed repairs or safety hazards, you might be able to withhold rent or defend against eviction until repairs are made.
- Retaliatory Eviction: It’s illegal for a landlord to evict you in retaliation for exercising your rights as a tenant, such as complaining about code violations or organizing a tenants’ union.
Additional Protections:
- Right to Cure: In some cases, you may have a chance to “cure” a lease violation (e.g., late rent payment) before facing eviction.
Eviction Process: The eviction process can take several weeks or even months, giving you time to find alternative housing or resolve the issue with your landlord.
How to Defend Yourself:
Gather Documentation: Keep copies of your lease agreement, rent payments, repair requests, and any communication with your landlord.
Know Your Rights: Familiarize yourself with the Tenant Protection Act and any local rent control laws that may apply to your situation.
Seek Legal Aid: Consult an attorney who can support and legally guide you to navigate your legal options.
BREACH OF HABITABILITY
Tenants have the right to have a safe and healthy place to stay and it is the Landlord’s duty to uphold this obligation. When a landlord fails to to do so, it’s considered a breach of habitability. California law implies a warranty of habitability, outlined in Civil Code 1941.1, in every residential lease agreement. This means landlords, without needing a written clause, are obligated to provide tenants with a rental unit that is:
- Fit for human occupancy: The unit should be structurally sound, free from health hazards, and have functioning utilities (plumbing, electricity, hot water).
- Complies with building and health codes: The unit must meet minimum safety and sanitation standards as mandated by local regulations.
- Provides basic amenities: Depending on the lease agreement and local ordinances, this might include working appliances, garbage disposal, and pest control measures.
Here are some examples, but not limited to, of Breach of habitability:
- Significant water leaks or mold growth
- Inoperable heating or air conditioning systems (in extreme weather conditions)
- Major electrical problems
- Lack of hot water
- Raw sewage backups
- Uncontrolled pest infestations
- Unsafe structural issues (broken stairs, loose railings)
- Failure to make necessary repairs after proper notification
Tenant’s Rights When Facing a Breach:
If your landlord breaches the warranty of habitability, you have several legal options:
Repair and Deduct: You can request repairs in writing from your landlord. If repairs aren’t made within a reasonable timeframe, you can have them done yourself and deduct the cost from your rent (with proper documentation).
Withhold Rent (with Caution): In severe cases, you might be able to withhold rent until repairs are completed. However, following proper legal procedures is crucial to avoid late rent penalties or potential eviction.
Terminate the Lease: If the breach is substantial and remains unaddressed, you might have the right to terminate the lease and move out without penalty.
Sue for Damages: In some cases, you can sue your landlord for damages caused by the uninhabitable conditions, such as medical bills or property damage.
Please consider the following factors when determining the rights of a tenant and landlord:
Please note that some issues to factor in when determining the rights of a tenant and landlord are as follows:
- Normal Wear and Tear: Landlords aren’t responsible for repairs due to everyday use by tenants.
- Tenant-caused Damage: The landlord isn’t obligated to fix issues the tenant or their guests caused.
- Failure to Notify: If the tenant doesn’t properly notify the landlord about repair needs, the landlord may not be held liable.
If you believe you have been a victim of a Breach of Habitability, contact us for a consultation. The Chong Firm can help navigate your legal options to find the best solution for your specific case.
PROTECT AND PRESERVE
Your lawyers at the Chong Firm fearlessly fight to protect your rights and preserve your freedom, every step of the way.
- Ready to Fight
- Driven to Serve
- Proven Results
Attorney Jason J. Chong is licensed to practice law in all state courts in California, all federal district courts for the 9th circuit court of appeals, the Commonwealth of Massachusetts and the District of Columbia.
Attorney Chong has successfully tried many cases as both a criminal defense attorney and prosecutor. He knows what it takes to get the best results for your individual case, from all sides.
Feel Free to Contact Us
With Any Question
A. It’s common for family or friends to reach out on behalf of loved ones who are confronted with criminal charges. At Jason J. Chong Law Firm, we welcome you to contact us for a free consultation to help you understand potential courses of action, and we can take the lead on building a strong case if your loved one decides to retain our services.
A. If you were injured as a result of someone else’s negligence, you may be eligible to receive compensation for the following damages:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- And property damages
*If you have lost a loved one, you may also be eligible to receive compensation for loss of consortium. In some extreme cases, you may also be able to receive compensation for punitive damages (damages intended to punish the responsible party for gross negligence).
A. In general, an insurance adjuster will calculate the amount of compensation they believe you deserve based on the out-of-pocket expenses your injury required you to pay. They will then multiply that dollar amount by a certain number based on how extreme they believe your injuries were, in order to determine what compensation you deserve for any non-monetary damages (i.e. pain and suffering).
However, insurance companies will often try to pay you less than the amount you deserve. In order to ensure you are being offered a fair settlement, you should always consult with a professional California personal injury lawyer.