Real Estate & Business Attorneys
Government Code §65852.26 states that if local laws permit, then a non-profit may sell ADU’s separately from the primary property to low income persons. The property must also be sold as a tenant in common interest. I am not sure how useful this will be.
CC&R’s cannot impose restrictions on the addition of ADU’s, including Junior ADU’s. Civil Code §4751 states that CC&R’s can impose “reasonable restrictions” so long as they do not interfere with Sections 65852.2 or 65852.22 of the Government Code. This...
The legislature has passed several bills promoting additional housing loosening up restrictions on building Accessory Dwelling Units (ADU’s). Until 2025, new for January 2020, Senate Bill 13 adds Government Code §65852.2, and removes Health and Safety Code 17980.12...
The current law is only staying evictions or unlawful detainer actions for non-payment of rent. Please read this memo: July 14, 2020 Updated Letter to Clients re COVID-19 – UD Civil trials will probably be continued until after November 1, 2020 if it is a short...
While most things are negotiable, there are a few items which by law are allocated to the seller or buyer. Even if allocated, so long as the legal obligation to perform is done, the parties can negotiate who pays for what. See this memo as to costs applicable in Los...
Trial courts have great discretion as to determining what is a reasonable attorney fee. Some judges look at what is a “market rate” and for high end clients they will pay $1,200 per hour. In an unpublished opinion, Los Angeles Superior Court Judge William Fahey...
The plaintiffs’ attorneys in a class action were denied attorney’s fees because some of the attorneys failed to disclose their lack of professional liability insurance to the client at the time the client retained the attorney. The Court of Appeal concluded the...
In Berkeley Cement, Inc. v. Regents of the Univ. of California (2019) 30 Cal.App.5th 1153, the court confirmed that a trial court may award mediation fees as costs, whether the mediation is court ordered or privately agreed to. In affirming the award of mediation fees...
Waiver of the right to a jury trial cannot be imposed as a sanction. In a Los Angeles unlawful detainer action, the pro per tenant (who was also pro per on appeal) appeared on the trial date without complying with a Los Angeles County Superior Court Civil Division...
Attorneys primary tool is language. How you say something is critical. Attached here is a cheat sheet of how you can think about framing and focusing your argument. Click here: Emphasize facts or De-emphasize facts