There are several legal doctrines to examine to determine if a commercial tenant’s lease obligations are excused.  The start is Civil Code §1511 and Civil Code §1514  This post examines  the doctrine of “frustration of purpose” which is close to the related “impossibility of performance” doctrine, but frustration more properly relates to the consideration for

Saleen cars look awesome!  Too bad the one in this case (not as pictured) only drove for 50 miles than died.  Civil Code §1717 has a mutuality component.  The defendant was added as an alter ego of a debtor under a Riverside Superior Court judgment, but was found to NOT be the alter ego.  Therefore,

I see this case more as a discovery matter and a lesson for lawyers and clients not to lie.  But it also stands for malicious prosecution, a favorable termination requires more than a dismissal of the underlying action.  The person wrongfully sued who has prevailed must show a favorable termination on the merits that reflects

LOS ANGELES (Updated April 24): “All civil trials scheduled to begin for the period March 17 through June 17 have been or will be continued by General Order. Because civil jury and non-jury trials are not included in the enumerated time-sensitive essential functions set out in these General Orders, they will be continued, or

California’s new statewide residential rent and eviction control laws change almost 150 years of legal precedent.  The new rent control rules are contained in Civil Code section 1946.2 concerning termination of tenancies which now require “just cause” and Civil Code section 1947.12 concerning limitations on rent increases. Landlords must also be cognizant of additional new

CC&R’s cannot impose restrictions on the addition of ADU’s, including Junior ADU’s. Civil Code §4751 states that CC&R’s can impose “reasonable restrictions” so long as they do not interfere with Sections 65852.2 or 65852.22 of the Government Code. This probably means submitting plans for approval to their design approval board and paying a small fee

The legislature has passed several bills promoting additional housing loosening up restrictions on building Accessory Dwelling Units (ADU’s). Until 2025, new for January 2020, Senate Bill 13 adds Government Code §65852.2, and removes Health and Safety Code 17980.12 restrictions as to land use. The new law now allows ADU’s up to 1,200 sq. feet to