What does your Jewish surname mean?
Everyone loves a Jewish lawyer, at least I do! Here is an article about Jewish surnames. Also see http://www.jewishlawyers.org/
Real Estate & Business Attorneys
Year: 2016
Don’t use pre-signed verifications with discovery! (or you may be disciplined)
Usually clients do not understand or want to respond to discovery. Same with lawyers, but be careful with pre-signed verification forms. At trial it does not look good when the client testifies he never saw the discovery before. In Drociak v State Bar (1991) 52...
Fighting Phony Service Animal Requests (Penal Code §365.7)
Most landlords will have a tenant requesting a “service” or “companion” animal and show a vague note from a doctor supporting this request. This is an area where the unwary landlord can be bitten pretty hard, but here is an idea which may work, even if it may be...
Counting Days and Loopholes in CAR Real Estate Purchase Agreement Forms
A common question is how to count the days referred to in the Real Estate Purchase Agreement and related CAR (Calif. Assoc. of Real Estate) forms. In October 2016 CAR published a concise article on this in their magazine. In essence the CAR attorneys confirmed that...
Does a 6 year statute of limitations apply to a promissory note secured by real property?
While Commercial Code 3118(a) provides for a 6 year statute of limitations which can apply to a promissory note (9-109(a)(3). The key is this ONLY applies to a negotiable instrument (Comm. Code §3102) So, you have to make sure your promissory note falls under the...
Waiver of Guarantor defenses in guarantee agreement does NOT waive equitable defenses.
Lender counsel (e.g. debt collectors) often argue a guarantor debtor has no defense as they waived all defenses. That is not true. See California Bank and Trust v. Thomas Del Ponti (2014) 232 Cal.App. 4th 162. The court held Civil Code §2856 ONLY waives those...
New Demurrer Rules, Meet and Confer & 30 Days Extension (CCP §430.41)
The new Code of Civil Procedure §430.41 requires the parties to discuss at least 5 days before filing a demurrer the reasons why the demurring party believes the pleading is defective. A declaration must also be attached to the filed demurrer showing compliance with...
Demurrers must be heard within 35 days after filing (Rule of Court 3.1320(d))
In business and real estate litigation demurrers help clean up cases. When motions/demurrers were scheduled 6 months or more out Rule 3.1320(d) did not matter. But now with the new pay the filing fee when you reserve a hearing date rule, the calendars have opened up...
Demurrers must be filed within 30 days of service of Complaint (extensions do not extend time to demurrer) CCP § 430.40
This is a technical giving the judge discretion. Code of Civil Procedure § 430.40 states: (a) A person against whom a complaint or cross-complaint has been filed may, within 30 days after service of the complaint or cross-complaint, demur to the complaint or...
Illegal Evictions and Other Landlord No No’s (Criminal and Civil Liability) (CCP §789.3)
It’s been a while, but today I heard of a renegade landlord doing self help, so here is my warning to landlords who are fed up with their tenant. Stop, call a lawyer or the police before taking the laws into your own hands or risk liability and a large lawsuit. (See...