A landlord is not obligated to repair mold problems until: 1) until he or she has notice of it or 2) if the tenant fails to keep the property clean and sanitary and thereby substantially contributes to the existence of the mold. Also, for a building, or portion thereof, to be declared substandard by virtue of mold, it must be visible mold growth, as determined by a health officer or a code enforcement officer, which endangers the health of the occupants. If the presence of mold is minor and found on surfaces that can accumulate moisture as part of their proper and intended use would not constitute a substandard condition.
Continue Reading Mold is now the Tenant’s (initial problem)! (Civil Code §1941.7, Health and Safety Code §§17920, 17920.3)
Clotheslines allowed in tenant’s private area (Civil Code §§1940.20 and 4750.10)
Condo owners have a similar law. This law requires a landlord to permit a tenant to utilize a clothesline or drying rack approved by the landlord in the tenant’s private area.
Continue Reading Clotheslines allowed in tenant’s private area (Civil Code §§1940.20 and 4750.10)
Gender Pay Discrimination “big picture same pay for same work” (Labor Code §1197.5)
Labor Code §1197.5. bars employers from paying employees less than other employees of the opposite sex for substantially similar work regardless of their job titles or the location where they work. Current law prohibits an employer from paying an employee less than employees of the opposite sex in the same establishment for equal work on jobs which require equal skill, effort, and responsibility, and which are performed under similar working conditions. This law prohibits an employer from paying its employees less than employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility.
Continue Reading Gender Pay Discrimination “big picture same pay for same work” (Labor Code §1197.5)
ADA/Unruh Construction Accessibility Complaints Require Warning Information (Civil Code §55.3, et seq.)
Commercial property owners must be careful of the ADA/Unruh Act access claims filed by mills seeking $5,000 to $10,000 because your slope, or sign is missing, or faded regarding parking spots. The new laws require an attorney sending a demand letter or serving a complaint alleging a construction-related accessibility claim to provide additional information along with a new judicial council answer form.
Continue Reading ADA/Unruh Construction Accessibility Complaints Require Warning Information (Civil Code §55.3, et seq.)
Clotheslines or Drying Racks May be Kept in Condo owner’s yard (Civil Code §§1940.20 and 4750.10)
Now homeowners can ignore HOA limits on use of clotheslines and drying racks. (A separate provision of this law applies to tenants. See landlord/tenant section below.)
Continue Reading Clotheslines or Drying Racks May be Kept in Condo owner’s yard (Civil Code §§1940.20 and 4750.10)
AirbNB Rental Advertising Disclosure (Business and Professions Code §22590, 22592, 22594)
The short term rental “hosting platform” ( the online advertisement website) must warn prospective “buyer”/”renter” that subletting the tenant’s residence may violate the lease and could result in eviction.
Continue Reading AirbNB Rental Advertising Disclosure (Business and Professions Code §22590, 22592, 22594)
Blanket bans on renting to criminals ILLEGAL!!
This is crazy.
The HUD secretary Julián Castro, is expected to announce guidance interpreting of how the fair housing law applies to policies that exclude people with criminal records. The rules will say that landlords must distinguish between arrests and convictions and cannot use an arrest to ban applicants. In the case of applicants with convictions, property owners must prove that the exclusion is justified and consider factors like the nature and severity of the crime in assessing prospective tenants before excluding someone.
Continue Reading Blanket bans on renting to criminals ILLEGAL!!
Legal Malpractice Statute of Limitations not extended even if damages caused by lawyer resulted in a smaller settlement after one year.
A legal malpractice action time-barred where filed more than one year after attorney’s act of negligence but less than one year after plaintiff negotiated a settlement with third parties that was reduced in value due to the attorney’s negligence. Shaoxing City Maolong Wuzhong Down Products, Ltd. v. Keehn & Associates, APC (2015) 238 Cal.App.4th 1031.
Continue Reading Legal Malpractice Statute of Limitations not extended even if damages caused by lawyer resulted in a smaller settlement after one year.
Only a Calif. Admitted Lawyer gets Class Action fees!! (Golba v. Dick’s Sporting Goods)
A non-California attorney who has not been admitted pro hac vice may not recover attorney fees as plaintiff’s class action counsel. In Golba v. Dick’s Sporting Goods, Inc. (2015) 238 Cal.App.4th 1251.
Continue Reading Only a Calif. Admitted Lawyer gets Class Action fees!! (Golba v. Dick’s Sporting Goods)
“Take it or leave it” is evidence of an unconscionable arbitration clause after Sanchez v. Valencia Holding
In Carlson v. Home Team Pest Defense, Inc. (2015) 239 Cal. App.4th 619 [First Dist., Div. Four, relying on pre-Sanchez authorities, but citing Sanchez in a footnote, the court affirms the trial courts denial of employer’s motion to compel arbitration, concluding that the arbitration agreement was unconscionable because it was presented to the employee