Real Estate & Business Attorneys
In Von Nothdurft v. Steck, (2014) 227 Cal.App.4th 524, the manager challenged the written management agreement with the landlord as being “unconscionable” or “an adhesion contract” so void. The Court of Appeal said the agreement was fine and confirmed it was freely...
In Watts v Oak Shores Community Association (2015) 235 Cal.App.4th 466, the Court said an HOA may impose reasonable regulations and charge reasonable fees that are related to short term rentals that are not imposed or charged other owners of longer term rentals....
T & A Drolapas and Sons LP v SAN FRANCISCO RESIDENTIAL RENT STABILIZATION AND ARBITRATION BOARD et al., and GERALD BORJAS (2015) 238 Cal.App.4th 646) –> Costa Hawkins case against landlord Landlord cannot increase rent after parent (named tenant) vacates...
Boston LLC v. Juarez 245 Cal. App. 4th 75 (Cal. App. 2d Dist. 2016) NIVO 1 LLC v. Antunez 217 Cal. App. 4th Supp. 1 (Cal. Super. Ct. 2013) What is material, and the purpose behind the lease term is important when a forfeiture is being sought. For example, renter’s...
Landlord paid $16,000 to settle a Department of Fair Employment and Housing complaint after retaliating against children who played in the common area by removing a fence making it more dangerous to play and serving a 60 day notice to quit. Yesenia Soto and her three...
Yvanova v. New Century Mortgage (2016) 62 Cal.4th 919 Now a borrower can survive demurrer or summary judgment if he shows the assignment is void. has standing to challenged allegedly improper securitization of mortgage loan The Court now found that a break in the...
Wong v Stoler, 237 Cal.App.4th 1375 The trial courts if find rescission for nondisclosure by a seller must unwind the transaction even if difficult and complex. E.g, Judges cannot be lazy! Buyer of a home sued seller for not disclosing the fact that their sewer...
Typical of 2006 predatory lending practices, the mortgage payments exceeded owners’ monthly income by more than $1000. This was found to be sufficient to plead substantive unconscionability as grounds to set aside nonjudicial foreclosure sale in Orcilla v. Big Sur,...
Taylor v. Nu Digital Marketing, 245 Cal.App.4th 283 The court found monthly payments to be “rent” and upon default in payment of these “interim payments”, before the purchase price is paid, re-characterized the installment sales agreement as lease and seller can bring...
Ram’s Gate Winery v. Roche, 235 Cal.App.4th 1071 Purchasers of the land for use by a winery http://www.ramsgatewinery.com/ sued the seller for not disclosing an earthquake fault on their property four years before closing escrow. Buyers sued in tort for nondisclosure...