News & Updates

/News & Updates/

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

Demanding a Jury Trial in an Unlawful Detainer

In Los Angeles County, jury trials are routinely demanded in unlawful detainer actions by tenants. However, in order to preserve your right to a jury trial, a tenant (or landlord) must demand a jury trial either (1) when the case is first set for trial or (2) within five days after notice of the trial [...]

By | 2018-02-19T13:49:58+00:00 February 19th, 2018|Landlord-Tenant|Comments Off on Demanding a Jury Trial in an Unlawful Detainer

Can the Executor of a Probate Estate File an Unlawful Detainer?

Often times executors or administrators of a probate estate ask if they have the authority to file an unlawful detainer for a property owned by the Estate. The Executor of a probate estate has the authority to file an unlawful detainer even if the person being evicted is a beneficiary under a will or an [...]

By | 2018-02-14T12:37:25+00:00 February 14th, 2018|Landlord-Tenant|Comments Off on Can the Executor of a Probate Estate File an Unlawful Detainer?

Requirements of a Three Day Notice to Perform or Quit in Los Angeles

The Los Angeles Municipal Code requires that any Three Day Notice to Perform or Quit based upon a breach in the rental agreement must include the names of witnesses to the breach and the date and time such violation was witnessed. This requirement is in addition to the requirements set forth Code of Civil Procedure [...]

By | 2018-02-07T12:14:59+00:00 February 7th, 2018|Landlord-Tenant|Comments Off on Requirements of a Three Day Notice to Perform or Quit in Los Angeles

Selecting a Trustee for Your Revocable Living Trust

Clients often struggle with selecting a successor trustee for a revocable living trust and an executor of their will. There are several choices that a client can make in selecting a trustee. The following is not an exhaustive list but provides some ideas for selecting a trustee. Family Members Most of my clients select one [...]

By | 2018-02-06T14:22:50+00:00 February 6th, 2018|Estate Planning|Comments Off on Selecting a Trustee for Your Revocable Living Trust

Interspousal Deed May Change Rights of Spouses in a Probate

Recently, the California Appellate Court reviewed how an interspousal deed can change the rights of spouses during a probate. In re Estate of Jackson involved an interspousal deed changing legal title of the property from husband and wife to husband solely. In this case, Husband and Wife were married for thirty six years when Husband [...]

By | 2018-02-02T08:37:43+00:00 February 2nd, 2018|Estate Planning|Comments Off on Interspousal Deed May Change Rights of Spouses in a Probate

How a Revocable Living Trust Avoids Probate

One of the many reasons touted to have a revocable living trust is to avoid probate. Probate is a court process that transfers property of a deceased person to heirs. Probate can be costly and lengthy even if nothing is contested. In Los Angeles County, it is somewhat common for probate matters to take longer [...]

By | 2018-02-01T09:03:42+00:00 February 1st, 2018|Estate Planning|Comments Off on How a Revocable Living Trust Avoids Probate

Does Probate Handle all Assets Owned by Decedent?

Probate is the legal process to pass property of a deceased person to heirs and/or beneficiaries under a will or by intestacy. Although it can include a variety of property owned by a deceased person, probate does not address all property. Some of the property not include in a probate estate includes: Real property  owned [...]

By | 2018-01-18T11:41:35+00:00 January 18th, 2018|Estate Planning|Comments Off on Does Probate Handle all Assets Owned by Decedent?

New Laws Affecting California Landlords in 2018

The California Apartment Association provides a brief summary of new laws affecting California landlords in 2018. As laws are always changing, it is important to keep updated on new laws affecting California landlords. The CAA article "New laws affecting California rental housing industry in 2018" can be found here.  

By | 2018-01-10T10:53:08+00:00 January 10th, 2018|Landlord-Tenant|Comments Off on New Laws Affecting California Landlords in 2018

Is Probate Necessary?

Sometimes I get asked whether a probate is necessary. It really depends on the facts and what the deceased person (known as the "Decedent") left. A probate will be necessary if a person left assets titled in the Decedent's name only that is valued at more than $150,000. Probate is not necessary if a person [...]

By | 2018-01-09T15:21:06+00:00 January 9th, 2018|Estate Planning|Comments Off on Is Probate Necessary?