Beneficiaries of a trust lost a challenge to the sale of trust property by the trustee. The trial court ordered them to pay the trust’s attorney fees and costs, making the beneficiaries personally liable. The Court of Appeal affirmed the award of attorney fees, but...
Experienced Real Estate And Business Attorney
Year: 2017
When to file Corp. & LLC Statement of Information Forms
After the initial Statement of Information is filed within 90 days of forming the entity, a corporation (‘Inc.”) in California must file a Statement of Information form EVERY year Corps.C. § 1502(a)).A limited liability corporation (“LLC”) files EVERY OTHER YEAR...
Marijuana Based Fair housing complaints (FEHA) or violations should be rejected by analogy to employment cases
Medical marijuana protection is unlikely under California fair housing laws. In Ross v. Ragingwire (2008) 42 Cal. 4th 920, the California Supreme Court held that the FEHA does not protect a fired employee who failed a drug test even though he was also a qualified...
Landlords Can Prohibit Medical Marijuana being smoked inside rental units
The lease must expressly prohibit the tenant from engaging in conduct that violates any law, that includes Federal law. I suggest delineating, “shall not violate any law, including but not limited to Federal, State, or local laws. Possessing, cultivating and using...
A tenant’s Request to smoke medical marijuana is not a reasonable accommodation under California or Federal Fair Housing laws
Federal law states that a user of illegal drugs (under Federal law) will not be considered “an individual with a disability” for the purpose of the law (42 USC section 12210). The exclusion of the use of medical marijuana, even if in conformity with state law, will...