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Naccasha Attends World Business Forum

Founding Partner Ziyad Naccasha traveled with a group from the San Luis Obispo Chamber of Commerce to New York City this past November and attended the World Business Forum. Read his ‘takeaway’ from the event as well as those of Scott Dawson of the Orfalea College of Business at Cal Poly, Kris Yetter President and General Manager of Promega Biosciences and Noreen Martin CEO of Martin Resorts.

Visit the SLO Chamber website to read the story.

 

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Mosier named a winner in The Tribune’s Top 20 Under 40

Top 20 image croppedCarmel & Naccasha is pleased to announce that partner Dallas K. Mosier is a winner of a Top 20 Under 40 award in the 11th edition of The Tribune’s annual competition.

Dallas was nominated by one of his peers to be considered for the annual award recognizing young San Luis Obispo County professionals who have demonstrated professional excellence and a commitment of serving the community. Seventy-five nominations were received for this round of Top 20 under 40 Awards.

Dallas joined Carmel & Naccasha in 2012 and was promoted from associate attorney to partner in November 2015.

Winners will be honored with an award at a luncheon on Thursday, January 28, 2016 at Madonna Inn.

See the complete list of winners at The Tribune website: http://www.sanluisobispo.com/news/business/article50074900.html

Click for Dallas’ Biography

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Dallas Mosier Named Partner

Carmel & Naccasha LLP is pleased to announce that attorney Dallas K. Mosier has been promoted to partner at the firm.

“Dallas’ strong commitment to his clients, his co-workers and the community at large exemplify the team work and service goals that we value at Carmel & Naccasha,” said Ziyad Naccasha, managing partner at the firm. Dallas joined Carmel & Naccasha in 2012 bringing extensive experience in trust and estate planning, special needs planning, personal income tax planning, trust administration and probate.

Dallas has assisted clients in a variety of matters in each of these areas, ranging from implementation of tax avoidance strategies to planning for family issues such as dependency, fiscal irresponsibility, and family disputes.

Dallas is very active in our local community with wide-ranging volunteer roles, including; mentor & monthly volunteer at the Cal Poly CIE Incubator and Hot House (collaborative effort to support local entrepreneurship), President of the Board of the SLO Legal Assistance Foundation (pro-bono legal services to those who cannot afford them) and, Chairman of the Board of the Paso Chamber, among others.

Click for Dallas’ Biography

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When a Policy Limits Demand can be Abusive

Demands for insurance policy limits frequently generate substantial concern for  insurers.  A properly executed policy limits demand that is rejected by an insurer will “open the policy” and expose the insurer to liability in excess of its policy limits.  The timing and form of the demand, however, are as important as the demand itself.

A policy limits demand must meet five criteria before a court is likely to hold that an insurer acted in bad faith in rejecting the demand:

  • The settlement terms must be clear enough to create an enforceable contract if accepted. Coe v. State Farm Mut. Auto. Ins. Co., 66 Cal.App.3d 981, 991 (1977);
  • All claimants must join in the settlement demand. Coe, 66 Cal.App.3d at 992-93;
  • All insureds must be released. Strauss v. Farmers Ins. Exch., 26 Cal.App.4th 1017, 1021 (1994);
  • The settlement amount demanded must be both within policy limits and “reasonable.” Comunale v. Traders & General Ins. Co., 50 Cal.2d 654, 661 (Cal. 1958); and
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Emilie speaking on the Fair Pay Act.
New California Fair Pay Act Adds Confusion and Incites Litigation

The Fair Pay Act (“FPA”), which goes into effect on January 1, 2016, requires employers to pay male and female employees the same for “substantially similar work” under “similar working conditions,” even if those employees work in different establishments.  The FPA also prohibits employer retaliation against employees for disclosing their wages, discussing the wages of others, inquiring about another employee’s wages, or aiding or encouraging any other employee to exercise his or her rights under the law.

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Major Shift of Certain Real Property Transfers Signed into Law

Recently signed legislation allows for the transfer of real property upon death through what is touted to be, under certain circumstances, a more streamlined and simple process, without the typical probate proceedings. Historically, many assets, such as stocks or bank accounts and even possessions, could be passed on to an identified beneficiary through the completion of a ‘Payable on Death’ or ‘Transfer on Death’ form (POD or TOD, respectively). The new legislation, AB 139, permits a similar transfer of real property, such as a house, land or other type of building, upon the death of an owner through the same process. AB 139 is effective now through January 1, 2021 (there is a five year test period to gauge the law’s impact).

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Will California Adopt Limited License Legal Technicians?

On September 9, 2015 Carmel & Naccasha LLP’s paralegals attended a continuing legal education event put on by the Central Coast Paralegal Association (CCPA).  The CCPA presented a lunch time speaker, Mitchel L. Winick, President and Dean of the Monterey College of Law and San Luis Obispo College of Law.  Dean Winick presented the topic, “Will California Adopt Limited License Legal Technicians?”  The Dean serves on the Standing Committee on the Delivery of Legal Services, a 20-member advisory committee to the State Bar of California.  Dean Winick reported that the committee is taking a close look at a new class of legal professionals: Limited License Legal Technicians.

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ADA compliance
Legal Alert: Multiple ADA Lawsuits Target Central Coast Businesses

A recent string of lawsuits have many local businesses again paying close attention to their own compliance with the Americans with Disabilities Act (“ADA”). One individual, along with the same attorney in each case, appears to be targeting restaurants and retail businesses across the Central Coast. The two individuals have filed a number of lawsuits alleging violations of the Act in SLO County and down south as far as Ventura. As you may know, under California law, any violation of the ADA is considered a civil rights violation and subject to a minimum statutory penalty of $4,000, plus attorney’s fees.

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Drought tolerant plants and landscaping at Carmel & Naccasha's Paso Robles office.
Committed to Conservation

The employees at Carmel & Naccasha take great pride in their commitment to giving back to the community and in that regard take environmental stewardship and their carbon footprint seriously. Over the years and as the business has grown, a number of conservation strategies have been put into action at both the San Luis Obispo and Paso Robles offices.

“As our children learn and care more about the benefits and necessities of environmental stewardship, we find that even these small steps make a difference in a connected community like ours,” said Ziyad Naccasha. “Locals know if you make the effort to reduce your carbon footprint. Why take the time as a local business to do so? That’s like asking why I should vote. Every little bit helps.”

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Victory by C&N Attorney in Hard Fought Case

Congratulations to our litigation specialist, Michael McMahon, on his decisive victory for the City of Arroyo Grande in the Second District Court of Appeal on August 6, 2015. The appellate court upheld a 2014 ruling in favor of the City and awarded it all costs on appeal in the matter of a writ petition filed by a former Arroyo Grande police officer seeking to overturn his termination. Due to the unfortunate circumstances surrounding it, the case was not one that Carmel & Naccasha took any pleasure in defending; however, the win was hard fought and well-deserved. We’re particularly proud of Mike’s understanding and deft navigation of the underlying writ petition and the appellate system. Well done, Mike!

Mike heads up our litigation group here at Carmel & Naccasha. For more information on Mike’s practice areas and experience, please click on the link below.

http://carnaclaw.com/mcmahon/

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