How to Compute 3-Day Notice Period for Eviction

140044171Landlords can’t bring an action for unlawful detainer based on nonpayment of rent until the 3 days required to pay rent or quit have expired. Computing that 3 days can be tricky—and the whole case hinges on it. Continue reading

Getting a Gun Violence Restraining Order

According to an alarming 2014 FBI study, nearly 68% of homicides involved the use of ThinkstockPhotos-506101244firearms, with over a quarter of victims killed by a family member. From these numbers alone, it’s clear to see the urgency of a client’s situation if he or she says a family member may resort to violence. One way to protect your client is to seek a gun violence restraining order.

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Should Your Client Consider E-Commerce or Cyber Liability Insurance?

Given the increasingly digital landscape ThinkstockPhotos-473158926
of today’s economy, the most valuable asset for many businesses is their computer data. According to a 2015 study, the average cost of a data breach for small businesses is about $38,000 in hard costs and can total upwards of $55,000. Yet many businesses opt only for traditional property insurance policies. This could be a big problem for your client’s small business.

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Avoid the Overly Emotional Property Dispute Client

170446161A special problem for counsel consulting on neighboring property disputes, particularly those dealing with easements and boundaries, is the intense emotional involvement most clients have in their property. Know the warnings signs of a client whose emotions are going to be a problem, and either don’t take the case or get out fast. Continue reading

Can You Evict Tenants for Renting Out Their Apartments for Short-Term Use?

ThinkstockPhotos-124642612A recent decision from the Appellate Department of the Los Angeles Superior Court (Chen v Kraft (2016) 243 CA4th Supp 13) allowed a landlord to evict a tenant for running a transient occupancy (short-term rental) business out of his residential rental unit in Los Angeles. If you read this case too quickly, you might think it applies to any situation in which a tenant runs a short-term rental business from an apartment in California. But not so fast! Continue reading

Backsies! When Can You Rescind a Real Property Purchase Agreement?

ThinkstockPhotos-527074543 (1)You buy a house and then discover that the seller didn’t disclose a material fact about the property—say, the sewage system you thought was owned by the city was actually owned by 13 different residents in the area, and you’re now on the hook for maintenance costs. Compounding matters, the house’s value has dropped significantly since you bought it. What do you do? Try to rescind the sale contract.
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Can a City or County Make It a Crime to Cultivate or Use Medical Marijuana?

ThinkstockPhotos-183575355Since the legalization of medical marijuana in California 20 years ago, some cities and counties have found ways to keep it out. Are their land use powers still powerful enough to do it? Continue reading

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