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So far Anthony Marinaccio has created 74 blog entries.

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

Calculating Days for Three Day and Other Notices

Recently, the California Court of Appeal reviewed a case that involved how days were calculated for a 14 Day Pay Rent or Quit (an unusual choice, but still allowable). Hseih v. Pederson provides some insight as to how a landlord needs to calculate days for a Three Day Notice to Pay Rent or Quit, Three Day Notice [...]

By | 2018-05-16T15:35:10+00:00 May 16th, 2018|Landlord-Tenant|Comments Off on Calculating Days for Three Day and Other Notices

What is an Ancillary Probate?

If a person dies without a revocable living trust and has an estate valued at over $150,000, generally a probate must be opened in the county where the person died. Generally, personal property can be handled in the probate where the person died; however, if a person who dies left real estate in another county, [...]

By | 2018-04-26T11:46:42+00:00 April 26th, 2018|Estate Planning|Comments Off on What is an Ancillary Probate?

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