Real Estate & Business Attorneys
Commercial property owners must be careful of the ADA/Unruh Act access claims filed by mills seeking $5,000 to $10,000 because your slope, or sign is missing, or faded regarding parking spots. The new laws require an attorney sending a demand letter or serving a...
Now homeowners can ignore HOA limits on use of clotheslines and drying racks. (A separate provision of this law applies to tenants. See landlord/tenant section below.) This law makes unenforceable any provision in HOA governing documents that effectively prohibit or...
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...
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...
A legal malpractice action time-barred where filed more than one year after attorney’s act of negligence but less than one year after plaintiff negotiated a settlement with third parties that was reduced in value due to the attorney’s negligence. Shaoxing City Maolong...
A non-California attorney who has not been admitted pro hac vice may not recover attorney fees as plaintiff’s class action counsel. In Golba v. Dick’s Sporting Goods, Inc. (2015) 238 Cal.App.4th 1251. After settling a class action, plaintiff ’s counsel sought $210,000...
In Carlson v. Home Team Pest Defense, Inc. (2015) 239 Cal. App.4th 619 [First Dist., Div. Four, relying on pre-Sanchez authorities, but citing Sanchez in a footnote, the court affirms the trial courts denial of employer’s motion to compel arbitration, concluding that...
Plaintiff car buyer filed a putative class action case alleging a defect. The purchase agreement required arbitration, waived class actions, allowed appeals from arbitration awards, consumer pays costs of arbitral appeal, excluded self help remedies to benefit car...
Privette is alive and well, but an injured sub-contractor’s employee can argue the following to try to hold the general contractor or property owner liable. These are for very bad general contractors and property owners who deserve to be nailed.Contractual safety...
Some strong cases extending the 1993 “Privette doctrine”, Privette v. Superior Court (1993) 5 Cal.4th 689, holding that if an independent contractor’s employee is injured on the job and subject to workers’ compensation coverage, he cannot seek recovery of tort...