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September 2011

Pratt & Associates — Fri, 16 Sep 2011 16:53:31 +0000

Pratt & Associates is proud to welcome attorney Kyla Holcomb Piramoon to the firm. Prior to joining Pratt & Associates, Ms. Piramoon served as corporate counsel for Seascape Beach Resort and The Holcomb Corporation Group of companies, a Santa Cruz area real-estate brokerage firm and development/construction company. She specializes in business, real estate, construction, land-use, employment, hospitality, and HOA law and litigation. Ms. Piramoon received her J.D. and Master’s Degree in Dispute Resolution from Pepperdine University School of Law, and her B.A. with Honors in Political Science and Business from UCLA.

August 2011

Pratt & Associates — Thu, 04 Aug 2011 23:06:18 +0000

Pratt & Associates is pleased to announce the association of Pierce Gore as Of Counsel. Before starting his own practice in 2003, Pierce was a partner with Lieff, Cabraser, Heimann & Bernstein LLP in San Francisco. Pierce’s career has spanned the gamut of litigation relating to class actions, real estate development, and business disputes. Pierce also focuses on employment litigation, and homeowner association and property management litigation. He has practiced for 25 years in both state and federal courts in San Francisco and Los Angeles. Sharon Pratt, Founding Partner commented: “It is with great pleasure that we welcome Pierce to the firm. He brings with him a wealth of knowledge and experience that will benefit not only clients, but other attorneys at the firm.”

April 2011

Pratt & Associates — Mon, 18 Apr 2011 15:43:39 +0000

Sharon Glenn Pratt of Pratt & Associates has successfully obtained a one year restraining order protecting her client, in a neighbor harassment case in Santa Clara County.

During the past 6 months, Attorneys Susan Bishop, Rosalia Tapia, and Sharon Pratt of Pratt & Associates have successfully obtained collection judgments in favor of their homeowner association clients in six cases, for a grand total exceeding $100,000, including the recovery of attorney’s fees.

March 2011

Pratt & Associates — Fri, 15 Apr 2011 21:48:43 +0000

On March 24, 2011, the Court of Appeal ordered the case entitled “Country Side Villas Homeowners Association v. Susan Ivie” 2011 Cal. App. LEXIS 338 to be published in the official reports for the State of California. Pratt & Associates successfully defended its client in the case from what the trial court and appellate court both found to be a SLAPP case (strategic lawsuit against public participation) in the context of a homeowners association. The appellate briefs were prepared by attorneys Sharon Glenn Pratt, Rosalia Burgueno Tapia, and Patricia Wendleton.

February 2011

Pratt & Associates — Fri, 15 Apr 2011 21:47:52 +0000

Pratt & Associates wins appeal in Homeowner Association anti-SLAPP case. Attorney Sharon Glenn Pratt presented oral argument on February 15, 2011 before the California Sixth Appellate District Court in San Jose, California. On February 25, 2011, the Appellate Court upheld the trial court’s decision granting a motion to strike in favor of Pratt & Associates’ client Susan Ivie, based on the anti-SLAPP statute. The case involved issues of constitutionally protected activity in the context of homeowner associations, proper parties for declaratory relief actions based on homeowner association governing documents, and timeliness. The appellate briefs were prepared by attorneys Sharon Glenn Pratt, Rosalia Burgueno Tapia, and Patricia Wendleton.

January 2011

Pratt & Associates — Sat, 29 Jan 2011 00:11:25 +0000

Attorney Elena Rivkin Franz recently presented a class for the California Apartment Association on Limiting Bed Bug Liability for Landlords and Property Managers.

November 2010

Pratt & Associates — Mon, 22 Nov 2010 21:51:55 +0000

Attorney Elena Rivkin Franz was quoted by Fox News regarding liability issues concerning bed bugs while travelling. Read the full article at:

http://www.foxnews.com/leisure/2010/11/17/avoid-bedbugs-vacation/

THE 9TH CIRCUIT CONFIRMS THAT SEXUAL HARASSMENT LAWS IN CALIFORNIA APPLY TO MEN AS WELL AS WOMEN

Susan E. Bishop — Mon, 04 Oct 2010 17:21:55 +0000

In Equal Employment Opportunity Commission v. Prospect Airport Services, Inc.¸ the United States Court of Appeals for the Ninth Circuit ruled in favor of a male employee subjected to advances by a female co-worker.

The male employee, Rudolpho Lamas, and the alleged harasser, Sylvia Munoz, worked for Prospect Airport Services, Inc. They worked at McCarran International Airport in Las Vegas helping passengers who need wheelchairs.

Munoz, who was married, began a series of sexual advances to Lamas, who was a recent widower. The advances came by way of notes and remarks. Lamas immediately informed Munoz that he was not interested and informed his supervisor of the advances. Munoz continued her advances and Lamas informed another supervisor of the advances, but did not put his complaint in writing. Eventually a supervisor did speak with Munoz, but the comments continued. Lamas’ work performance decreased as a result of the harassment. Lamas’ was eventually fired for poor performance. Lamas filed an EEOC complaint. The EEOC filed a lawsuit against Lamas’ employer.

The 9th Circuit focused on the idea of welcomeness. The Court recognized that some men might have found the advances to be flattering. However, the Court considered that an analysis of the individual victim’s idea of welcome must also be considered. The Court also considered that the advances continued over a long period of time and while each individual advance might not rise to the level of harassment, the pervasive nature of the advances elevated the conduct to actionable behavior. Finally, the Court found the employer’s response to be inadequate. Despite telling several supervisors of the advances, the company did not ensure that the advances stopped. In fact, one supervisor even suggested that Lames console himself by singing “I’m too sexy for my shirt.”

This is another example of how a company’s inaction can lead to liability. Here, liability may have been avoided had the company simply ensured that Munoz stopped her comments.

Should you have any questions about responding to complaints of sexual harassment, please contact Susan E. Bishop at (408) 369-0800.

Susan E. Bishop graduated from the Santa Clara University School of Law in 1996. She specializes in the representation of management in employment law matters. Her practice includes working with nonprofit and for-profit corporations on many issues, including incorporation, employee relations, personnel policies, wage and hour matters, discrimination, harassment and wrongful termination.

To lean more about Susan’s specialties of law, please view her profile under attorneys. If you would like to speak with Susan, please call 408-369-0800.

EMPLOYEE HANDBOOKS IN CALIFORNIA Should Your Company Have One?

Susan E. Bishop — Mon, 04 Oct 2010 17:07:15 +0000

Are companies required by law to have a Policy Manual or Employee Handbook?

No. There is no legal requirement to have a handbook or policy manual. However, many federal, state, & local laws require employers to provide certain written notifications to employees. A handbook is a good way to satisfy these requirements. For example, your handbook can contain the required notice to employees about their rights under the Federal Family Medical Leave Act (FMLA), Pregnancy Disability Leave, and Sexual Harassment policies.

Additionally, other laws require employers to take certain compliance measures. Having a written handbook where these issues are spelled out can be a method for being in compliance. For example, the law requires employers to provide a safe working environment for its employees. Having safety policies and procedures in your handbook can be crucial steps in maintaining a safe workplace.

Be aware that once you do have a handbook, the law does require that you include written policies on certain topics.

What are some of the benefits of having a handbook?

They increase employee morale & efficiency by letting the employee know the company’s expectations.
They ensure a uniform application of the company’s policies.
They assist supervisors & managers in making appropriate personnel decisions.
They may help protect employees from personal bias or poor judgment by supervisors.
They help explain company benefits such as paid time off and health insurance.
They will help avoid lawsuits. Simply having certain policies in writing can protect employers.

Who should create the handbooks?

A good handbook needs to reflect accurately your company’s policy and practices. A handbook should reflect current California laws and take into account the size of the organization. Often, standard handbooks found online or in books cause more harm than good if they include policies that are not truly applicable to the particular company. Also, many handbooks found online do not include specific California laws.

Pratt & Associates creates custom-written handbooks for companies of all sizes and also reviews existing handbooks. Please contact Susan E. Bishop at (408) 369-0800 if you are interested in learning more.

September 2010

Pratt & Associates — Mon, 13 Sep 2010 22:14:46 +0000

Sharon Glenn Pratt of Pratt & Associates was recently quoted by HOALeader.com regarding her opinions on various issues. Read the full articles at:

http://www.hoaleader.com/public/464.cfm

http://www.hoaleader.com/public/463.cfm

http://www.hoaleader.com/public/462.cfm

http://www.hoaleader.com/public/461.cfm

http://www.hoaleader.com/public/459.cfm

http://www.hoaleader.com/public/456.cfm

http://www.hoaleader.com/public/455.cfm

http://www.hoaleader.com/public/454.cfm

http://www.hoaleader.com/public/453.cfm

http://www.hoaleader.com/public/451.cfm