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%...
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...
Revocable Transfer on Death Deed (Will-Joint Tenancy hybrid) avoids probate but also does not pass title during life
This law creates the revocable transfer on death (TOD) deed which allows a homeowner to transfer to a named beneficiary 1- 4 residential real property upon the owner’s death without a probate proceeding. This is similar to a joint tenancy deed, but easier for the...
Tenant can terminate tenancy with 14 days notice if victim of domestic, sexual or elder abuse (Civil Code §1946.7
If a tenant or member of the household was a victim of an act of domestic violence, sexual assault, stalking, elder abuse or human trafficking, the tenant can terminate the tenancy with 14 days written notice to the landlord. The tenant is required to attach to the...