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Due process prevails. A common mistake is pleading damages (other than as limited in Family/PI/wrongful death cases) according to proof without providing the defendant with a number of possible damages. The result is a default but no money to the plaintiff. The law...
The Court held that a broker must disclose that the seller’s neighbor told him he planned to remodel and his remodeled house would overlook the seller’s pool and interfere with the view. This case case also found expert broker testimony is not always necessary to...
While it is possible to obtain an equitable easement to allow a trespasser to continue use of the property in exchange for damages, the hardship on the trespasser must be “greatly disproportionate” to the hardship of the landowner losing a portion of her land. In...
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...
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...
Yvanova v. New Century Mortgage (2016) 62 Cal.4th 919 Now a borrower can survive demurrer or summary judgment if he shows the assignment is void. has standing to challenged allegedly improper securitization of mortgage loan The Court now found that a break in the...
Wong v Stoler, 237 Cal.App.4th 1375 The trial courts if find rescission for nondisclosure by a seller must unwind the transaction even if difficult and complex. E.g, Judges cannot be lazy! Buyer of a home sued seller for not disclosing the fact that their sewer...
