Arnold Hernandez
Arnold Hernandez, represents clients primarily in San Marcos, Escondido, Vista, Oceanside, and throughout the Counties of San Diego, Imperial, Riverside, Los Angeles, and Orange in overtime clams, car accidents, dog bites, and truck accidents http://www.arnoldhernandez.com
Articles by this Author
Dangers in Contract Negotiations With Non-English Speaking Consumers
- By Arnold Hernandez
- 04/23/2007
- Business
- 636 words
- Unrated
- Full Story
- Printer Version
California like the rest of the country has many non-English or limited English speaking residents particularly within the Latino population. To capture these markets many companies often employ bilingual individuals. Sometimes these bilingual individuals chose to take advantage of the limited English speaking for greater profitability to the business and to line their own pockets.
You Can Be Penalized Beyond Actual Damages For Lying About Insurance Coverage in California
- By Arnold Hernandez
- 04/23/2007
- Legal
- 954 words
- Unrated
- Full Story
- Printer Version
In a recent case (November 2006), the California Court of Appeal held that an assessment of punitive damages against a general contractor is warranted for lying about insurance coverage to the detriment of the property owner.
In the case of Kelly v. Haag, San Diego County Superior Court Case No.GIC830629, the property owner employed his friend to do work on his condominium.
In the case of Kelly v. Haag, San Diego County Superior Court Case No.GIC830629, the property owner employed his friend to do work on his condominium.
Ignoring The Americans With Disabilities Act Could Cost Your Business A Bundle
- By Arnold Hernandez
- 04/23/2007
- Legal
- 1007 words
- Unrated
- Full Story
- Printer Version
The Americans with Disabilities Act is broken into titles. Title II is what is presently a great problem for business. Under Title II of the ADA, a business has to comply with many requirements imposed by the ADA. These requirements are intended to make acilities accessible to persons with disabilities.
Virtually every business has failed to comply with some requirement or other.
Virtually every business has failed to comply with some requirement or other.
Dog Bite Laws in California
- By Arnold Hernandez
- 04/23/2007
- 1025 words
- Unrated
- Full Story
- Printer Version
In California the owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place, or lawfully in a private place. The owner of the dog is liable even if the dog bites on the owner's property. It does not matter if the owner new the dog was vicious or not. A person is considered to be lawfully upon the private property when he is on the property in the performance of any duty imposed upon him by the laws of the State of California or by the laws or postal regulations of the United States, and also when the person on the private property on invitation from the property owner, the invitation could be expressed or implied.
A Loophole in Landlord Tenant Law in California
- By Arnold Hernandez
- 04/23/2007
- Legal
- 846 words
- Unrated
- Full Story
- Printer Version
Under California law landlords have to adhere to housing standards and must refrain from using self help. There are housing standards that if violated will deem the property untenantable, meaning it cannot be rented out.
The property is deemed untentantable, if it substantially lacks the following:
(1) Effective waterproofing and wether protection of the roof, walls, windows, and doors;
(2) gas facilities maintained in good working order;
(3) a water supply capable of producing hot and cold running water, and connected to a sewage disposal system;
(4) heating facilities maintained in good working order;
(5) Electrical lighting, maintained in good working order;
(6) the building, the grounds, appurtenances, and all areas under control of the landlord starting from the time of the commencement of the lease or rental agreement have to be kept clean, sanitary, free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin;
(7) an adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair at the time of the commence of the lease or rental agreement, and the landlord is responsible for the clean condition and good repair of the receptacles under his or her control;
(8) floors, stairways maintained in good repair.
The property is deemed untentantable, if it substantially lacks the following:
(1) Effective waterproofing and wether protection of the roof, walls, windows, and doors;
(2) gas facilities maintained in good working order;
(3) a water supply capable of producing hot and cold running water, and connected to a sewage disposal system;
(4) heating facilities maintained in good working order;
(5) Electrical lighting, maintained in good working order;
(6) the building, the grounds, appurtenances, and all areas under control of the landlord starting from the time of the commencement of the lease or rental agreement have to be kept clean, sanitary, free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin;
(7) an adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair at the time of the commence of the lease or rental agreement, and the landlord is responsible for the clean condition and good repair of the receptacles under his or her control;
(8) floors, stairways maintained in good repair.
Who is Covered Under the ADA in Employment Law
- By Arnold Hernandez
- 04/23/2007
- 962 words
- Unrated
- Full Story
- Printer Version
The Americans with Disabilities Act has several sections among other things is addresses public accessibility and employment discrimination. The ADA prohibits covered entities from discrimination against qualified individuals with disabilities.
For purposes of the ADA in employment matters the term disabilities means that the impairment of the individual is one that substantially limits a major life activity.
For purposes of the ADA in employment matters the term disabilities means that the impairment of the individual is one that substantially limits a major life activity.
Six Mistakes You Should Avoid After A Car Accident
- By Arnold Hernandez
- 04/23/2007
- Legal
- 1170 words
- Unrated
- Full Story
- Printer Version
These are six mistakes commonly made by car accident victims:
Mistake 1. After an accident most people call the local police or highway patrol. Invariably you will be asked if you are injured. If it is not a severe injury you will likely say that you are not injured. If you say you are not injured, then there is a good chance no one will come to the accident scene.
Mistake 1. After an accident most people call the local police or highway patrol. Invariably you will be asked if you are injured. If it is not a severe injury you will likely say that you are not injured. If you say you are not injured, then there is a good chance no one will come to the accident scene.
Who Can Make An Accessibility Claim Under the ADA
- By Arnold Hernandez
- 04/23/2007
- Legal
- 888 words
- Unrated
- Full Story
- Printer Version
Title III of the ADA was intended to remove barriers and make places of public accommodation for all type of individuals with disabilities and not just those that are wheel chair bound. The primary focus under the ADA is persons with physical disabilities and includes a very broad range of disabled individuals.
The congressional committee reports and the Justice Department look to a comparison between a disabled person and an average person.
The congressional committee reports and the Justice Department look to a comparison between a disabled person and an average person.
Do You Really Have an Idependent Contractor's Agreement ?
- By Arnold Hernandez
- 04/23/2007
- Business
- 749 words
- Unrated
- Full Story
- Printer Version
Employers and entrepreneurs often employ individuals as independent contractors in an effort to avoid having to pay for workers' compensation insurance, taxes, benefits and to avoid wage and hour laws. Sometimes they take steps to insure they are in fact contractors, but more often than not they do not.
Whether there is an employer employee relationship depends on many different factors.
Whether there is an employer employee relationship depends on many different factors.
Six Reasons Why Employees Sue Their Boss
- By Arnold Hernandez
- 04/23/2007
- Business
- 935 words
- Unrated
- Full Story
- Printer Version
This is not a complete and exhaustive list of all employees that bring lawsuits against their employers, but merely a summary of the kinds of things that I have observed that prompted employees to file a lawsuit. These are some common reasons for why employees sought to sue their employer or actually sued their employers:
1. Lack of clarity on what is expected from the employee.
1. Lack of clarity on what is expected from the employee.

