Usually discovery is served in groups, e.g. Form interrogatories, Request for Admissions, Request for Documents. If no response is provided I file a combined motion to compel these initial discovery responses. I did this after several judges told me why not combine...
Experienced Real Estate And Business Attorney
Month: June 2016
Unlawful Detainer Motions to Compel Discovery only require 5 days notice (CCP §1170.8) and oppositions may be verbal at the hearing (Rule of Court 3.1347)
CCP §1170.8 states that motions to compel may be filed with only 5 day (plus service) notice. Also oppositions and replies may be made verbally at the time of the hearing. Rule 3.1347. Discovery motions in summary proceeding involving possession of real property...
No Smoking, and/or Vaping at Work Laws (Labor Code §6404.5)
Under Lab C §6404.5, no employer may knowingly or intentionally permit, and no person may engage in, smoking of tobacco products in an enclosed space at a place of employment. Does this apply to vaping? Why not? The potential penalties for violations include a fine...
Marijuana Laws and Landlord-Tenant Rights
Medical and probably soon recreational marijuana is going to be a hot box for landlords and tenants. Medical marijuana is also NOT a basis nor does it create “civil rights” for residential tenants to smoke in their apartments!! Health and Safety Code §11362.5...
Attorney and Judge Doppelgängers!!
Please let me know if you have any comments or nominations! Brian Panish, Esq. Besides being a fantastic personal injury lawyer and generous human, he looks like the famous Ghostbuster Dan Aykroyd! (Brian also has a touch of Tommy Lee Jones, maybe that’s the no...
When is Deposit for Purchase of House is Refundable? (Contract states deposit is NOT refundable)
Deposits are generally refundable unless there is a lawful liquidated damages clause. The burden is on the party claiming the deposit to show it is a proper liquidated damages and not an improper “forfeiture” and the written agreement bars return of the deposit. ...
Liquidated Damages Clause → Is the Deposit Refundable to the Buyer?
Real Estate Purchase Agreements and Leases (e.g. CAR forms) include deposits may or may not be refundable. Liquidated damages must bear a reasonable relation to the anticipated damages incurred. (See Civil Code §§1670, 1671). For Residential transactions, if 3%...
Clotheslines allowed in tenant’s private area (Civil Code §§1940.20 and 4750.10)
Condo owners have a similar law. This law requires a landlord to permit a tenant to utilize a clothesline or drying rack approved by the landlord in the tenant’s private area. The landlord must permit a tenant to utilize a clothesline or drying rack approved by the...
Blanket bans on renting to criminals ILLEGAL!!
This is crazy. The HUD secretary Julián Castro, is expected to announce guidance interpreting of how the fair housing law applies to policies that exclude people with criminal records. The rules will say that landlords must distinguish between arrests and convictions...
AirbNB Rental Advertising Disclosure (Business and Professions Code §22590, 22592, 22594)
The short term rental “hosting platform” ( the online advertisement website) must warn prospective “buyer”/”renter” that subletting the tenant’s residence may violate the lease and could result in eviction. This law requires a “hosting platform” to provide notice...