CCP §1170.8 states that motions to compel may be filed with only 5 day (plus service) notice. Also oppositions and replies may be made verbally at the time of the hearing. Section 1170.8 is phrased to be independent of any “motion cut off”. Most UD Judges also treat motions as not being subject to a motion cut off date.
Continue Reading Unlawful Detainer Motions to Compel Discovery only require 5 days notice (CCP §1170.8) and oppositions may be verbal at the hearing (Rule of Court 3.1347)
Combined Discovery Motion to Compel Initial Response (Saves money and paper!)
Usually discovery is served in groups, e.g. Form interrogatories, Request for Admissions, Request for Documents. If no response is provided I file a combined motion to compel these initial discovery responses. I did this after several judges told me why not combine them and save filing fees and paper. Once a judge told me not to do a combined motion only as a warning, not a denial of the motion. Nothing in the Rules of Court that I found say you cannot combine discovery motions. Here is my statutory analysis of this issue:
Continue Reading Combined Discovery Motion to Compel Initial Response (Saves money and paper!)
Marijuana Laws and Landlord-Tenant Rights
Medical and probably soon recreational marijuana is going to be a hot box for landlords and tenants. Medical marijuana is also NOT a basis nor does it create “civil rights” for residential tenants to smoke in their apartments!! Health and Safety Code §11362.5 (Compassionate Use Act of 1996 “CUA”) allows medical marijuana to be purchased, possessed and used. There are many levels and issues, but here is a sampler. This is one confusing, vague, and evolving area of law and how it impacts employers and landlords. Make sure to check current law both state, national and local (city), as all laws apply.
Continue Reading Marijuana Laws and Landlord-Tenant Rights
No Smoking, and/or Vaping at Work Laws (Labor Code §6404.5)
Under Lab C §6404.5, no employer may knowingly or intentionally permit, and no person may engage in, smoking of tobacco products in an enclosed space at a place of employment. Does this apply to vaping? Why not? The potential penalties for violations include a fine of up to $500 for each violation for repeat offenders. Lab C §6404.5(j), and maybe worse from a creative PI lawyer!
Continue Reading No Smoking, and/or Vaping at Work Laws (Labor Code §6404.5)
Attorney and Judge Doppelgängers!!
Please let me know if you have any comments or nominations!
Brian Panish, Esq. Besides being a fantastic personal injury lawyer and generous human, he looks like the famous Ghostbuster Dan Aykroyd! (Brian also has a touch of Tommy Lee Jones, maybe that’s the no nonsense Men in Black part!)
David Ezra, Esq. An excellent insurance coverage attorney and mediator. He is also a spitting image (albeit much younger) of Steve Perry of Journey! After he wins his cases he sings “who’s crying now”
For more doppelgängers
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Liquidated Damages Clause → Is the Deposit Refundable to the Buyer?
Real Estate Purchase Agreements and Leases (e.g. CAR forms) include deposits may or may not be refundable. Liquidated damages must bear a reasonable relation to the anticipated damages incurred. (See Civil Code §§1670, 1671). For Residential transactions, if 3% or less the presumption is the liquidated damages amount is reasonable. (Civil Code §1675(c) Assuming the buyer refuses to allow the deposit to be released to seller, then a liquidated damages clause also benefits the seller as they do not need to prove actual damages from the loss of the sale.
Continue Reading Liquidated Damages Clause → Is the Deposit Refundable to the Buyer?
When is Deposit for Purchase of House is Refundable? (Contract states deposit is NOT refundable)
Deposits are generally refundable unless there is a lawful liquidated damages clause. The burden is on the party claiming the deposit to show it is a proper liquidated damages and not an improper “forfeiture” and the written agreement bars return of the deposit. Buyers have several powerful arguments for the refund of their deposit even if the written agreement states the deposit is non-refundable. Cases such as Kuish v. Smith (2010) 181 CA4th 1419 also support buyers getting their deposit back when there is no liquidated damages clause, but only a clear “the deposit is non-refundable” clause. See also Civil Code §§1670, 1671 as to liquidated damages.
Continue Reading When is Deposit for Purchase of House is Refundable? (Contract states deposit is NOT refundable)
Revocable Transfer on Death Deed (Will-Joint Tenancy hybrid) avoids probate but also does not pass title during life
This law creates the revocable transfer on death (TOD) deed which allows a homeowner to transfer to a named beneficiary 1- 4 residential real property upon the owner’s death without a probate proceeding. This is similar to a joint tenancy deed, but easier for the survivor. The benefit is title DOES NOT PASS during life, only after death. This makes the document a hybrid will deed so you can give it away, but take it back before you die! Note, there are lots of rules to follow to make and cancel a Transfer on Death Deed.
Continue Reading Revocable Transfer on Death Deed (Will-Joint Tenancy hybrid) avoids probate but also does not pass title during life
Tenant can terminate tenancy with 14 days notice if victim of domestic, sexual or elder abuse (Civil Code §1946.7
If a tenant or member of the household was a victim of an act of domestic violence, sexual assault, stalking, elder abuse or human trafficking, the tenant can terminate the tenancy with 14 days written notice to the landlord.
Continue Reading Tenant can terminate tenancy with 14 days notice if victim of domestic, sexual or elder abuse (Civil Code §1946.7
Must Post Warning Sign if Landlord is a DIY pest controller (Civil Code §1940.8.5)
If the landlord/manager goes to Home Depot to buy pesticide, then they must post a sign of pesticide use. The exception if is a licensed pest control operator is used then no sign is needed!
Continue Reading Must Post Warning Sign if Landlord is a DIY pest controller (Civil Code §1940.8.5)