Should I use the AIR CRE Commercial Leasing form of the CAR Commercial Leasing form? The lawyer answer is that they are similar but different! Most of the time the AIR form should be used, but both have pros and cons for landlords and tenants. See this attached...
Experienced Real Estate And Business Attorney
Blog
Frustration of Purpose as Defense to Commercial Tenant Covid-19 Breach of Lease
There are several legal doctrines to examine to determine if a commercial tenant’s lease obligations are excused. The start is Civil Code §1511 and Civil Code §1514 This post examines the doctrine of “frustration of purpose” which is close to the related...
Attorney Fee Award to Person Found Not to Be a Party to Contract (alleged as alter ego) MSY Trading Inc. v. Saleen Automotive, Inc., G057093
Saleen cars look awesome! Too bad the one in this case (not as pictured) only drove for 50 miles than died. Civil Code §1717 has a mutuality component. The defendant was added as an alter ego of a debtor under a Riverside Superior Court judgment, but was found to...
Malicious prosecution requires a favorable termination that ALSO reflects on the innocence of the party. (Roche v. Hyde (6/30/2020)
I see this case more as a discovery matter and a lesson for lawyers and clients not to lie. But it also stands for malicious prosecution, a favorable termination requires more than a dismissal of the underlying action. The person wrongfully sued who has prevailed...
Best Google University School of Law Website for Self Help
The best source for those of you insisting on attending Google University School of Law click here: Sacramento Law Library Website The Sacramento Law Library has an amazing website. The only thing lacking are “attorney secrets”!!!!
LA County Accepts Electronically Notarized Documents!
Los Angeles County now accepts online notarization. LA County Recorder Accepts Electronic Notarization Essentially you Facetime the notary, provide your ID and they email you the notarization certificate and document notarized. It is the absolute best way to...
Los Angeles Superior Court Status Update April 24, 2020: No Civil Trials Until September or Later!
LOS ANGELES (Updated April 24): “All civil trials scheduled to begin for the period March 17 through June 17 have been or will be continued by General Order. Because civil jury and non-jury trials are not included in the enumerated time-sensitive essential functions...
Simkin’s Published Real Property Journal Article on the New Statewide Rent Control Civil Code §§1946.2, 1947.12
California’s new statewide residential rent and eviction control laws change almost 150 years of legal precedent. The new rent control rules are contained in Civil Code section 1946.2 concerning termination of tenancies which now require “just cause” and Civil Code...
Non-Profits may sell ADU’s Separately from the Primary Structure! — Government Code §65852.26
Government Code §65852.26 states that if local laws permit, then a non-profit may sell ADU’s separately from the primary property to low income persons. The property must also be sold as a tenant in common interest. I am not sure how useful this will be.
HOA’s cannot prohibit ADU’s Civil Code §4751
CC&R’s cannot impose restrictions on the addition of ADU’s, including Junior ADU’s. Civil Code §4751 states that CC&R’s can impose “reasonable restrictions” so long as they do not interfere with Sections 65852.2 or 65852.22 of the Government Code. This...