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...
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Covid-19: Court is limiting all Evictions Unless the Public Safety is at risk
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...
What Are the Buyers and Seller’s Closing Costs in Los Angeles for Residential Property Sales
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...
$1,200 per hour attorney fee is reasonable per L.A. County Judge Fahey!
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 In an unpublished opinion, Los Angeles Superior Court Judge William Fahey...
Attorneys must disclose if they do not have malpractice insurance or risk not being paid! (Rules of Professional Conduct, 1.4.2 (formerly Rule 3-410)
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...
Mediation Fees May be Awarded as Costs after Trial (Berkeley Cement, Inc. v. Regents of the Univ. of California (2019) 30 Cal.App.5th 1153)
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...
No waiver of jury trial even if willfully disobey Court’s Order re jury trial preparation (Guo Zhang Chen v. Lin (Cal. App. Dep’t Super. Ct., Nov. 14, 2019, No. BV 033055)
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...
Legal Writing Techniques: How to Emphasize or De-Emphasize for Affect
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
Deadline to file copyright registration does not run if only published on a foreign website (Moberg v. 33T, LLC 666 F. Supp.2d 415)
I had a case where the issue was if the work had been previously published invalidating the US copyright. This case will be very useful for showing no publication occurred if the work was only posted on a foreign website. In Moberg v 33T LLC (D Del 2009) 666 F Supp...
US Border Police cannot search inside your cell phone or laptop to just fish around (U.S. v. Miguel Angel Cano 9th Cir. Aug. 16, 2019)
While the law still allows the U.S. CBP (Customs, Border Patrol) to conduct a limited search of a cell phone or laptop at the border without any suspicion whatsoever based upon the border search exception which is designed for customs inspections, the court...