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So far Anthony Marinaccio has created 90 blog entries.

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 |2018-05-16T15:35:10-07:00May 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 |2018-04-26T11:46:42-07:00April 26th, 2018|Estate Planning|Comments Off on What is an Ancillary 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 |2018-04-16T14:37:20-07:00April 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 |2018-04-03T08:49:37-07:00April 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 |2018-04-03T08:55:12-07:00April 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 |2018-03-08T10:34:54-07:00March 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 |2018-03-06T15:09:36-07:00March 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 |2018-03-01T15:05:53-07:00March 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 |2018-02-28T15:30:41-07:00February 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 |2018-02-26T15:22:12-07:00February 26th, 2018|Estate Planning|Comments Off on Selling Real Estate in a Probate (Part 1)