Real Estate & Business Attorneys
Here are a few new 2016 laws for litigators: Amendments on the Eve of Hearing – C.C.P. §472 To further curtail abuse with last minute amendments, section 472 to prohibit the filing of amendments on the eve of hearings on demurrers. Under the revised statute, a...
know the rules on blackboard C.C.P. § 430.41 added to require demurring party to attempt to meet and confer prior to filing demurrer and file meet and confer declaration with demurrer; limits on subsequent demurrers; limits amendments to pleadings after demurrer. ...
In law, every word has a meaning and often one statute contradicts another. Today with more electronic service occurring, many statutes need to be updated to reflect that form of service of notice. When that occurs, look at the structure of the statute and if it has...
The Appellate Department of the Los Angeles Superior Court (Chen v Kraft (2016) 243 CA4th Supp 13) allowed a landlord to evict a tenant for running short-term rental business out of his residential rental unit in Los Angeles. In Chen, the Court affirmed a summary...
If only objections are served, you have an unlimited amount of time to file a motions to Compel because the time limit is now based on the date of service of the verified response. New law, Stats 2013 ch 18; see CCP § 2031.310(a),(c)].
In Von Nothdurft v. Steck, (2014) 227 Cal.App.4th 524, the manager challenged the written management agreement with the landlord as being “unconscionable” or “an adhesion contract” so void. The Court of Appeal said the agreement was fine and confirmed it was freely...
In Watts v Oak Shores Community Association (2015) 235 Cal.App.4th 466, the Court said an HOA may impose reasonable regulations and charge reasonable fees that are related to short term rentals that are not imposed or charged other owners of longer term rentals....
T & A Drolapas and Sons LP v SAN FRANCISCO RESIDENTIAL RENT STABILIZATION AND ARBITRATION BOARD et al., and GERALD BORJAS (2015) 238 Cal.App.4th 646) –> Costa Hawkins case against landlord Landlord cannot increase rent after parent (named tenant) vacates...
Boston LLC v. Juarez 245 Cal. App. 4th 75 (Cal. App. 2d Dist. 2016) NIVO 1 LLC v. Antunez 217 Cal. App. 4th Supp. 1 (Cal. Super. Ct. 2013) What is material, and the purpose behind the lease term is important when a forfeiture is being sought. For example, renter’s...
Landlord paid $16,000 to settle a Department of Fair Employment and Housing complaint after retaliating against children who played in the common area by removing a fence making it more dangerous to play and serving a 60 day notice to quit. Yesenia Soto and her three...