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So far Anthony Marinaccio has created 69 blog entries.

Forcing the Sale of Real Estate in a Probate

Recently, the California Court of Appeal reviewed a case that involved an executor in a probate estate filing a partition action involving real estate owned by the Decedent with another person. Pippins v. Jah reviews how an an executor of a probate estate can force the sale of real estate that is owned by a person [...]

By | 2018-04-19T19:19:38+00:00 April 19th, 2018|Real Estate|Comments Off on Forcing the Sale of Real Estate in a Probate

Material Misrepresentation Found in Failing to Disclose Actual Size of Commercial Building

The California Court of Appeal found there was no miscarriage of justice when the trial court found a misrepresentation occurred in a real estate transaction regarding the size of the property.  Hallett v. Khau provides some insight into a failure to disclose issue for a commercial property.  Here, Plaintiff, the Buyer, filed a lawsuit against [...]

By | 2018-04-16T14:37:20+00:00 April 16th, 2018|Real Estate|Comments Off on Material Misrepresentation Found in Failing to Disclose Actual Size of Commercial Building

Gentrification and Evictions in Los Angeles

The L.A. Times recently had an interesting article on gentrification in the neighborhood of Lincoln Heights. The article highlights tenant buy out programs, which are allowable under the Los Angeles Rent Stabilization Ordinance. Landlords are increasingly using buy out programs to "buy" tenants and have them voluntarily move from their units. Often these are long [...]

By | 2018-04-03T08:49:37+00:00 April 3rd, 2018|Landlord-Tenant|Comments Off on Gentrification and Evictions in Los Angeles

Renting to Marijuana Dispensaries

The L.A. Times recently had an article about landlords renting to marijuana dispensaries. It is important to note that although California law does allow for marijuana dispensaries, like almost any other business, local entities can regulate where they are placed. Thus, it is important for landlords and tenants to ensure that their location is legal [...]

By | 2018-04-03T08:55:12+00:00 April 2nd, 2018|Landlord-Tenant|Comments Off on Renting to Marijuana Dispensaries

Case Involving Sibling Dispute Discusses Scope of Attorneys’ Fees Clauses

The California Court of Appeal recently reviewed a case involving two siblings who operated a real estate partnership together for over twenty-five years. Johnson v. Johnson discusses the importance of attorneys' fees clauses in a partnership and the scope of these clauses during litigation. In 1982, Brother and Sister had equal interests in a partnership agreement that [...]

By | 2018-03-08T10:34:54+00:00 March 8th, 2018|Real Estate|Comments Off on Case Involving Sibling Dispute Discusses Scope of Attorneys’ Fees Clauses

Why Mediation Can Be Important in Real Estate Disputes

A recent California Appellate Court decision reviewed the provision in many California Association of Realtor form agreements that require mediation prior to filing any lawsuit in order for a prevailing party to receive attorneys' fees. Silver Horse Equities, LLC v. Ahmad displays why it's important for parties to read the agreement fully prior to filing any lawsuit. [...]

By | 2018-03-06T15:09:36+00:00 March 6th, 2018|Landlord-Tenant, Real Estate|Comments Off on Why Mediation Can Be Important in Real Estate Disputes

Restraining Order Against Landlord is Reversed on Appeal

Recently, the California Court of Appeals reviewed an action that essentially was a landlord-tenant dispute that had turned into a restraining order hearing. The case, Ewing v. Greenlee, is unpublished but provides some insight into when a restraining order is useful or not in a landlord-tenant dispute. The case involved a rental home in Oakland, California. There [...]

By | 2018-03-01T15:05:53+00:00 March 1st, 2018|Landlord-Tenant|Comments Off on Restraining Order Against Landlord is Reversed on Appeal

Selling Real Estate in a Probate – When Court Confirmation is Required

Court confirmation for the sale of real estate in a probate is required when the executor or administrator does not have authority under the Independent Administration of Estates Act ("IAEA"). Although the process takes longer than selling real estate without court confirmation, selling real estate with court confirmation can be done. Once the probate referee [...]

By | 2018-02-28T15:30:41+00:00 February 28th, 2018|Estate Planning|Comments Off on Selling Real Estate in a Probate – When Court Confirmation is Required

Selling Real Estate in a Probate (Part 1)

Generally, when there is a probate opened for a deceased person, there will be real estate to be transferred. If the Executor or Administrator must sell real estate, California law has specific guidelines as to what is required to sell real estate that is subject to a probate. The first step in any probate process [...]

By | 2018-02-26T15:22:12+00:00 February 26th, 2018|Estate Planning|Comments Off on Selling Real Estate in a Probate (Part 1)

Motion for Relief from Forfeiture After Unlawful Detainer Judgment

Code of Civil Procedure Section 1179 allows a tenant to request that that the Court conditionally relieve a tenant from the forfeiture in a Writ of Possession. Forfeiture in an eviction means that the lease is cancelled and a landlord is entitled to possession. Under Section 1179, a tenant must show hardship beyond what a [...]

By | 2018-02-20T08:55:03+00:00 February 20th, 2018|Landlord-Tenant|Comments Off on Motion for Relief from Forfeiture After Unlawful Detainer Judgment