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So far Anthony Marinaccio has created 80 blog entries.

City of Los Angeles Landlords Allowed to Increase Rent 4.00% Starting July 1, 2019

City of Los Angeles landlords who own properties subject to the Los Angeles Rent Stabilization Ordinance will be allowed to raise rents by 4.00% starting July 1, 2019 through June 30, 2020. This will be the first time since 2009 that landlords are allowed to raise rent more than 3.00%.  

By |2019-03-15T11:08:09+00:00March 15th, 2019|Landlord-Tenant|Comments Off on City of Los Angeles Landlords Allowed to Increase Rent 4.00% Starting July 1, 2019

Neighbor Dispute Turns into a Restraining Order

Neighbor disputes can often find themselves in restraining order court as neighbors find the conduct of the other neighbor to be "harassment." The Court in Bukowski v. Gomez reviewed one restraining order. Under Code of Civil Procedure Section 527.6, "unlawful harrassment" is a knowing and willful course of conduct' entailing a pattern of a series of acts over [...]

By |2019-02-27T11:51:13+00:00February 27th, 2019|Uncategorized|Comments Off on Neighbor Dispute Turns into a Restraining Order

Title Not Required to be Perfected in a Post-Foreclosure Eviction When Serving Notice to Quit

The Court in Dr. Leevil, LLC v. Westlake Health Care Center recently found that a purchaser at a foreclosure sale is not required to "perfect title" before serving a 3 Day Notice to Quit. There, the Tenant argued that Code of Civil Procedure Section 1161a(b)(3) requires that a new owner record title after a foreclosure [...]

By |2019-01-10T20:26:50+00:00January 10th, 2019|Landlord-Tenant|Comments Off on Title Not Required to be Perfected in a Post-Foreclosure Eviction When Serving Notice to Quit

Marinaccio Law Opens New Ontario Office

Marinaccio Law is proud to announce the opening of its new Ontario, California satellite office. Located near Ontario International Airport, Marinaccio Law is expanding to the Inland Empire to serve the counties of San Bernardino and Riverside on real estate, landlord-tenant, estate planning, trust administration, and probate matters. Marinaccio Law is looking forward to represent [...]

By |2018-10-02T11:43:33+00:00September 30th, 2018|Uncategorized|Comments Off on Marinaccio Law Opens New Ontario Office

Court Limits Damages in Unlawful Detainer Action

An unlawful detainer (eviction) lawsuit only addresses a very limited issue, generally what is found in the Complaint. A landlord in unlawful detainer generally cannot obtain damages for property damage, breach of lease, late fees, and other charges in an unlawful detainer. Recently, the California Court of Appeal reviewed a case from a Los Angeles [...]

By |2018-08-23T11:02:31+00:00August 23rd, 2018|Landlord-Tenant|Comments Off on Court Limits Damages in Unlawful Detainer Action

Late Fees as Liquidated Damages and on Three Day Notices

The California Court of Appeals recently reviewed a case involving a $50 late fee for a residential tenancy. Del Monte Properties and Investments, Inc. v. Dolan reviews how late fees should be calculated and how they should not be stated on any Three Day Notice to Pay Rent or Quit. Here, the monthly rent for the [...]

By |2018-08-20T16:37:36+00:00August 20th, 2018|Landlord-Tenant|Comments Off on Late Fees as Liquidated Damages and on Three Day Notices

Important Information to Include in a Three Day Notice to Perform or Quit in Los Angeles

The Los Angeles Rent Stabilization Ordinance allows a landlord to evict a tenant for a material breach of the lease or rental agreement. This means that the breach must be important. Depending on whether or not the breach can be fixed, or cured, a landlord can serve a 3 Day Notice to Perform or Quit [...]

By |2018-07-25T14:14:45+00:00July 25th, 2018|Landlord-Tenant|Comments Off on Important Information to Include in a Three Day Notice to Perform or Quit in Los Angeles

Trial Court Must Determine Ownership Interest of Real Estate Owners Before Ordering Partition Sale

The California Court of Appeals recently reviewed a partition lawsuit involving joint owners of real estate. Summers v. Superior Court provides some insight into a partition action and how joint owners of real estate can dissolve a partnership. The case involved three owners of an investment property. The owners disagreed as to each owners' respective ownership interest. [...]

By |2018-06-07T11:25:37+00:00June 7th, 2018|Real Estate|Comments Off on Trial Court Must Determine Ownership Interest of Real Estate Owners Before Ordering Partition Sale

Commercial Landlord Not Held Liable for Tenant’s Damages Due to Sewer Backup After Landlord Filed Unlawful Detainer

The California Court of Appeal recently reviewed a matter involving a commercial landlord-tenant dispute where there was sewer back up that caused damage to the Tenant's personal property after the Landlord had filed an unlawful detainer against the Tenant for non-payment of rent. Multanti v. Knight holds that a landlord is not liable for damage to a [...]

By |2018-06-06T10:54:34+00:00June 6th, 2018|Landlord-Tenant|Comments Off on Commercial Landlord Not Held Liable for Tenant’s Damages Due to Sewer Backup After Landlord Filed Unlawful Detainer

Prior Trustee May Not be Able to Prevent Successor Trustee’s Access to Attorney-Client Communications

The California Court of Appeals recently held that a former trustee cannot prevent access to communications between the trustee and his attorney to a successor trustee. Morgan v. Superior Court finds that the attorney-client privilege vests with the "office of the trustee" and not with the person himself. Here, the Settlor died in 2014. Settlor (Beverly) had [...]

By |2018-06-05T15:18:07+00:00June 5th, 2018|Estate Planning|Comments Off on Prior Trustee May Not be Able to Prevent Successor Trustee’s Access to Attorney-Client Communications