California is set to roll out new guidelines implementing the voter-mandated legalization of recreational marijuana use and production in January of 2018. At the same time, Read More > ...
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Few topics have drawn more heated discussions throughout the Silicon Valley real estate industry than the ever-changing and increasing rent control efforts happening all across the Read More > ...
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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, Read More > ...
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One of the most overlooked clauses in commercial leases is the option to renew. Essentially, an option to renew is merely an offer by which the Read More > ...
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The rental market in San Jose, currently the most expensive in America according to the 13th annual Demographia International Housing Affordability Survey of 2017, has experienced Read More > ...
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Howard Rich (“Buyer”) purchased a single-family residence at a sheriff’s sale in July 2011. The prior owner, Yung-Shen Steven Lee (“Debtor”), had a judgment against him. Read More > ...
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A remodel of your home can be a substantial investment. Nonetheless, it oftentimes shocks me to see the contracts that parties enter into regarding construction. This Read More > ...
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(this article was written by Evy L. Eschbacher, the newest attorney at the Brewer Offord & Pedersen LLP) Selling a home can be on of the Read More > ...
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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 Read More > ...
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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 Read More > ...
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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, Read More > ...
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It is incredibly important to stay aware of remedies that are available to you in case you are experiencing nuisance from your neighbor. Here you can Read More > ...
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Over four years ago, I wrote about the unpublished case of Jacobsen v. Aurora Loan Services (2012). Jacobsen was a foreclosure investor who had been negotiating with borrower Read More > ...
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This November, Californians will vote on Proposition 64, the “Adult Use of Marijuana Act” which will effectively legalize the recreational use of marijuana to people over Read More > ...
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In the recent case of Mendez v. Rancho Valencia Resort Partners, LLC, the appellate court analyzed whether certain noise constituted a nuisance. The Mendezes (“Neighbor”) filed Read More > ...
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A landlord’s duty to maintain a habitable unit can morph as the winter months approach here in California. What makes a unit habitable in the summer Read More > ...
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A recent case confirmed our oft-repeated advice to get it in writing. In Westside Estate Agency, Inc. v. James Randall, a broker learned this rule the Read More > ...
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Buying a new home can be an overwhelming process. The amount of paperwork is staggering. When buying property that is part of a homeowners’ association (HOA), Read More > ...
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Recently, the Sixth District Court of Appeals overturned a state trial court order that originally invalidated a listing broker’s claim against multiple sellers of a vacant parcel Read More > ...
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Prompted by the 2016 landmark ruling in the California Supreme Court Case Horiike v. Coldwell Banker, California Assembly members have introduced Assembly Bill 1059 (“AB 1059”) Read More > ...
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Commercial subleases can be good bargain options for tenants, but there are certain risks involved. This article is intended to assist tenants in identifying these risks Read More > ...
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Winter is the time for festive celebrations, family, friends and giving. However, we all know there are some Scrooges out there who do not share the Read More > ...
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In a recent Supreme Court decision analyzing a California class action, the Court favored DirecTV’s binding arbitration provision and dismissed the class. DirecTV’s service agreement had Read More > ...
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In 2007, Maria Soto (“Maria”) obtained a loan from Diana Buchanan (“Buchanan”) secured against a property she owned along with her husband and two other people. Read More > ...
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Recent cases have generally supported a trend that homeowner’s associations are given a fair amount of deference in establishing their own rules. A recent case in Read More > ...
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Sofia Borsuk (“Borsuk”) was a tenant at LA Hillcreste Apartments in Los Angeles. In March, 2015, LA Hillcreste served Borsuk with a 3-day notice to pay Read More > ...
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THE DECISION: The Supreme Court of California held that Code of Civil Procedure Section 580b prevents lenders from pursuing borrowers after approving the borrower’s short sale. Read More > ...
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If you’ve recently purchased a home, or are looking to buy, you know how tough the market is. The competition is intense, with there being more Read More > ...
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Tsvetana Yvanova (“Yvanova”) was a borrower who obtained a loan from New Century Mortgage Corporation (“NCMC”) in 2006. In 2007, NCMC filed for bankruptcy and in Read More > ...
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Robert and Darlene Blendheim (“Blendheim”) were borrowers who obtained two mortgages from HSBC Mortgages Services in the amounts of $347,900 and $90,474. In 2007, the Blendheims Read More > ...
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The Bay Area is known worldwide for a multitude of things, including being the hub of technological advancements, cultural diversity, and championship sports teams. One of Read More > ...
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Margaret Foster (“Foster”) lived in the same apartment in San Francisco for more than 40 years. In 2011, her building was bought by W.J. Britton & Read More > ...
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As predicted, El Niño arrived in California and brought some much needed precipitation with it. This past winter brought the most rain California has had in Read More > ...
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Beginning in early 2015, the Federal Aviation Administration (“FAA”) introduced a new program, NextGen, which rerouted flight paths in the South Bay and Peninsula in an Read More > ...
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In 2004, Ms. Brown borrowed $450k and secured that loan with a deed of trust against her property in Oakland, California. The beneficiary under that deed Read More > ...
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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 Read More > ...
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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 Read More > ...
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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 Read More > ...
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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 Read More > ...
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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 Read More > ...
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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 Read More > ...
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Monira Ulkarim, a tenant in a shopping mall, had a year-long lease with her landlord, Westfield. In the middle of the tenancy, the landlord served Ulkarim Read More > ...
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Brewer Offord & Pedersen LLP put together an “Investment Property Blog Series.” We hope you find the information in this series to be informative as it Read More > ...
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California has had a spite fence law since 1885, and until very recently, the courts did not consider whether trees could be a “fence”. 841.4. Any Read More > ...
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In March, 2009, Sally DaVincenzo (“Sally”) and John DeVincenzo (“John”) were borrowers on a promissory note (“Note”) secured against a property in Wasco, California (“Wasco Property”) Read More > ...
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The recent case of Belle Terre Ranch, Inc. v. Wilson clarified that in order to recover attorney fees in a trespass on land for “cultivation” or Read More > ...
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The recent case of Huntington v. Miller confirmed again that a HOAs must accept partial payments and are limited in their ability to foreclose on an Read More > ...
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Larry and Cheryle Jesinoski (“Jesinoskis”) refinanced their loan on February 23, 2007 with Countrywide Home Loans, Inc. (“Countrywide”). Three years later, they sent a written letter Read More > ...
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The recent case of City of Pasadena v. Superior Court dealt with a situation whereby a city-owned tree fell on a private residence during a windstorm, Read More > ...
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“I do not want them in the house, I do not want them on my blouse, I would not like them in my car, I would Read More > ...
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