In denying a motion to quash an unlawful detainer summons, the trial court may not restrict a defendant’s responsive pleading to an answer. Van Butenschoen v. Flaker; Superior Court of California, County of Los Angeles – filed Oct. 16, 2017 Cite as 2017 S.O.S. 5258...
Experienced Real Estate And Business Attorney
Year: 2017
How to Count like an Attorney (Business vs. Court vs. Calendar Days)
The statutes differentiate between calendar, business and court days. Sometimes a due date is longer or shorter than you may think. Here are two links to help: The Los Angeles Superior Court “official” Date Calculator: http://www.lacourt.org/courtdatecalculator/ui/...
Comprehensive Chart When to File and Timing Requirements in California Law
Here is a great chart of civil procedure and court rules compiled by Bill Makinney at Pillsbury. There are some additions , or “legal secrets” I could add, but I’ll save that for another day. California State Court Timing Chart-2015
Chart of when the Calif. Rules of Court Says to File Common Papers
Attached is a chart of when the California Rules of Court says you need to file common documents in civil cases. Civil Case Timelines Rules of Court
Code of Civil Procedure § 12a does NOT extend time to exercise a lease option (Gans v. Smull (2003) 111 Cal.App.4th 985
The general “extension rule” of CCP 12a which does apply to 3 Day Notices, does NOT apply to exercise of lease options. In a commercial lease, the civil procedure rule extending period to perform any lawfully required act past holidays, including Saturday, to next...
Attorney’s fees Awarded on a Voluntarily Dismissed Case based on CC&R’s — Civil Code 5975(c)
In an unpublished case, Durack v. Wang, B276086, on September 27, 2017 the Court stated that Civil Code 1717 does NOT apply in an action based upon CC&R’s so attorney’s fees can be awarded against a party who voluntarily dismissed an action! In this case...
Evidence Exclusion as punishment for invasion of privacy, ethical violations or pretty much anything
The Courts may exclude evidence as a sanction as part of its inherent power to exclude evidence to cure violation of invasion of privacy and harassment (see Continental Ins. Co. v. Superior Court (1995) 32 Cal.App.4th 94, 107-108) This is based upon the concept...
Commission Splits & Finder’s Fees as RESPA Violations!
California law allows commission splits and finders fees to be paid, but under the Federal Real Estate Settlement procedures Act (RESPA) they may not be legal. If your seller or buyer wants you to split the broker’s commission with them, that may not be legal unless...
Increasing Rent for Condos under “rent control” Using Costa Hawkins CC § 1954.50 et seq
While most rental properties in California are NOT under rent control, many cities have rent control ordinances that state two or more dwelling units, including condos, on a lot if built before a certain date are under rent control. For example, Los Angeles’s cut off...
Notice to Quit May be Served Before Title Is Recorded after Foreclosure Sale
A buyer purchasing after a foreclosure sale, can serve a notice to quit to a tenant/former owner before recording the deed, e.g. before title is “perfected”. Citing Code of Civil Procedure § 1161a and U.S. Financial, L.P. v. McLitus (2016) 6 Cal.App.5th Supp. 1, the...