Court Allows Owner to Evict Tenant who has Filed Bankruptcy

by Henry Chuang September 29, 2016 Bankruptcy
Thumbnail image for Court Allows Owner to Evict Tenant who has Filed Bankruptcy

Sholem Perl (“Perl”) owned a duplex in Los Angeles. Perl defaulted on his loan and the property was foreclosed on in 2013. At the foreclosure sale, Eden Place, LLC (“Eden Place”) purchased the property but Perl remained in possession of the property. After buying the house, Eden began the unlawful detainer process and on June […]

Read the full article →

Commercial Landlords Subject to New Accessibility Disclosure Requirements

by Ashlee Adkins September 28, 2016 Commercial Real Estate
Thumbnail image for Commercial Landlords Subject to New Accessibility Disclosure Requirements

Multiple attempts have been made by California legislators in the past several years to limit the growing number of predatory Americans with Disabilities Act (“ADA”) lawsuits in California, whereby landlords and business owners are being sued for ADA accessibility violations. According to U.S. Congressman Ken Calvert, California has 40 percent of the nation’s ADA lawsuits, […]

Read the full article →

The Basics of Homeowners Association Disputes Part 1 – Mediation

by Simon Offord September 16, 2016 HOA Litigation
Thumbnail image for The Basics of Homeowners Association Disputes Part 1 – Mediation

HOA disputes are something that we see on a regular basis. Although in a perfect world, none of us would get in disputes with our neighbors, the reality is that disputes between neighbors, or the association and an owner, are exceedingly common. However, most HOA CC&Rs have provisions to try and resolve these disputes without […]

Read the full article →

How to Determine Your Primary Residence – Part 2, the Homestead Exemption

by Henry Chuang August 31, 2016 Bankruptcy
Thumbnail image for How to Determine Your Primary Residence – Part 2, the Homestead Exemption

In 2011, Andy Diaz (“Diaz”) lived in a property in Fullerton, CA (“Property”) with his then wife.  In 2011, Diaz suffered severe health problems.  Later in 2011, Diaz and wife divorced.  Due to his health problems, after several months of living in hospitals and therapy facilities, Diaz moved into his mother’s home as he could […]

Read the full article →

Rent-to-Buy Real Estate: Can a Seller File Unlawful Detainer After a Default?

by Ashlee Adkins August 17, 2016 Eviction
Thumbnail image for Rent-to-Buy Real Estate: Can a Seller File Unlawful Detainer After a Default?

The recent case of Taylor v. Nu Digital Marketing, Inc. discusses the issue of when it is appropriate for a seller to regain possession of a property from a buyer by filing an unlawful detainer action. In Taylor, the Plaintiffs (sellers) and Defendant (buyer) entered into an agreement entitled “Contract of Sale Residential Property” in […]

Read the full article →

My Home is a Pokémon Go Hotspot — Do I Have to Disclose?

by Simon Offord July 28, 2016 Disclosure
Thumbnail image for My Home is a Pokémon Go Hotspot — Do I Have to Disclose?

Pokémon Go is the latest craze that is literally everywhere we look. It is all over the news, and all over the streets with players of all ages trying to “catch ’em all.”  We have all heard about the stories of people falling, getting into car accidents, and even quitting their jobs to play full […]

Read the full article →

Be a “HERO”: Remember to Disclose This Silent Lien

by Julia Wei July 25, 2016 Lending/Lender Issues
Thumbnail image for Be a “HERO”: Remember to Disclose This Silent Lien

Since 2001, California has had PACE programs available throughout the state.  One of the most well known is the “HERO” program, the Home Energy Retrofit Opportunity program which was first established in the Riverside County area. In late 2013, San Jose’s city council voted to participate in the HERO program, joining Berkeley, San Francisco, Menlo […]

Read the full article →

Court Finds that a Borrower May Sue for Wrongful Foreclosure Regardless of Ability to Repay Loan

by Henry Chuang July 20, 2016 Foreclosure
Thumbnail image for Court Finds that a Borrower May Sue for Wrongful Foreclosure Regardless of Ability to Repay Loan

In June 2005, Monica Sciarratta (“Borrower”) obtained a loan in the amount of $620,000 from Washington Mutual Bank.  In April 2009, Chase Bank (“Chase”), the servicer of the loan, recorded an assignment of the loan and transferred it to Deutsche Bank National Trust Company (“Deutsche”).  In that same month, Borrower began defaulting on the loan.  […]

Read the full article →

Court Holds That Landlord is Not Allowed to Evict a Tenant for an Immaterial Breach of the Lease

by Henry Chuang May 31, 2016 Landlord/Tenant Disputes
Thumbnail image for Court Holds That Landlord is Not Allowed to Evict a Tenant for an Immaterial Breach of the Lease

Juan Juarez (“Tenant”) lived in a rent-controlled apartment complex owned by Boston LLC (“Landlord”) for more than 15 years.  Although his lease required him to obtain renter’s insurance, Tenant did not obtain the insurance.  After 15 years of not having insurance, on a Friday before a holiday weekend, Landlord served a three-day notice to perform […]

Read the full article →

Airbnb Rental Held to Constitute an Illegal Use of Property

by Simon Offord May 27, 2016 Landlord/Tenant Disputes
Thumbnail image for Airbnb Rental Held to Constitute an Illegal Use of Property

AirBNB (and similar rental sites) have been omnipresent in the news for the last few years.  Controversy has arisen in many cities as regulations and restrictions have been implemented.  The recent case of Chen v. Kraft is an example how these restrictions can impact landlords and tenants. In Chen v. Kraft, Chen (“Landlord”) filed an […]

Read the full article →