After the initial Statement of Information is filed within 90 days of forming the entity, a corporation (‘Inc.”) in California must file a Statement of Information form EVERY year Corps.C. § 1502(a)). A limited liability corporation (“LLC”) files EVERY OTHER YEAR (Corps. C. § 17702.09(a)). See subsequent filing schedule from Secretary of State’s Office.
Medical marijuana protection is unlikely under California fair housing laws. In Ross v. Ragingwire (2008) 42 Cal. 4th 920, the California Supreme Court held that the FEHA does not protect a fired employee who failed a drug test even though he was also a qualified patient under California’s Compassionate Use Act. The Court held the
Federal law states that a user of illegal drugs (under Federal law) will not be considered “an individual with a disability” for the purpose of the law (42 USC section 12210). The exclusion of the use of medical marijuana, even if in conformity with state law, will not be protected by the ADA. James v.
The lease must expressly prohibit the tenant from engaging in conduct that violates any law, that includes Federal law. I suggest delineating, “shall not violate any law, including but not limited to Federal, State, or local laws. Possessing, cultivating and using marijuana in any form remains a violation of federal law even if the U.S.
Everyone loves a Jewish lawyer, at least I do! Here is an article about Jewish surnames.
Also see http://www.jewishlawyers.org/
Usually clients do not understand or want to respond to discovery. Same with lawyers, but be careful with pre-signed verification forms. At trial it does not look good when the client testifies he never saw the discovery before. In Drociak v State Bar (1991) 52 Cal. 3d 1085, a lawyer had obtained several pre-signed verifications
Most landlords will have a tenant requesting a “service” or “companion” animal and show a vague note from a doctor supporting this request. This is an area where the unwary landlord can be bitten pretty hard, but here is an idea which may work, even if it may be almost impossible to get the DA or Police to file an action. Cite Penal Code §365.7 to the tenant and say if he is misrepresenting that his dog is a Licensed or qualified service animal, then you will bring an action against him citing this statute.
Continue Reading Fighting Phony Service Animal Requests (Penal Code §365.7)
A common question is how to count the days referred to in the Real Estate Purchase Agreement and related CAR (Calif. Assoc. of Real Estate) forms. In October 2016 CAR published a concise article on this in their magazine. In essence the CAR attorneys confirmed that every day counts, even holidays, but if the last day is a weekend or holiday, then the next business day would be the last day. That confirms with Code of Civil Procedure §12. More specific examples how to apply this are as follows and are in this great article and summarized below. See page 10 at http://www.onlinedigitalpubs.com/publication/?i=341167#{%22issue_id%22:341167,%22page%22:10}Continue Reading Counting Days and Loopholes in CAR Real Estate Purchase Agreement Forms
While Commercial Code 3118(a) provides for a 6 year statute of limitations which can apply to a promissory note (9-109(a)(3). The key is this ONLY applies to a negotiable instrument (Comm. Code §3102) So, you have to make sure your promissory note falls under the Commercial Code. Most real estate promissory notes do NOT qualify as negotiable instruments. Here are some factors to consider :
Continue Reading Does a 6 year statute of limitations apply to a promissory note secured by real property?
Lender counsel (e.g. debt collectors) often argue a guarantor debtor has no defense as they waived all defenses. That is not true. See California Bank and Trust v. Thomas Del Ponti (2014) 232 Cal.App. 4th 162. The court held Civil Code §2856 ONLY waives those defenses specified so defenses such as unclean hands or equitable