Most California commercial leasing transactions use one of the AIR CRE Commercial Leases (“AIR Forms”) or the CAR Commercial Lease form (“CAR Form”). The AIR Forms are very inclusive at 20+ pages, are balanced for the landlord and tenant, but may not be the right choice for every commercial lease. The CAR Form is user
Comparison of the AIR vs. CAR Commercial Leasing Forms (With Hints!)
Should I use the AIR CRE Commercial Leasing form of the CAR Commercial Leasing form? The lawyer answer is that they are similar but different! Most of the time the AIR form should be used, but both have pros and cons for landlords and tenants. See this attached memo with snippets of the clauses discussed or read below. Click here: AIR vs. CAR Commercial Leasing Forms Please let me know what you think of my comments.
Nine AIR Commercial Leasing Forms vs. One CAR Commercial Leasing Agreement?
Most California commercial leasing transactions use one of the AIR CRE Commercial Leases (“AIR Forms”) or the CAR Commercial Lease form (“CAR Form”). The AIR Forms are very inclusive at 20+ pages, are balanced for the landlord and tenant, but may not be the right choice for every commercial lease. The CAR Form is user friendly at 6 pages, but only covers the basics. The AIR CRE forms have specific leases for office, single, multi-tenant, ground leases and for shopping centers. AIR also offers addendums for arbitration, options to extend, rent adjustments, right of first refusal, etc. The primary difference between the AIR and CAR forms are detailed assignment of responsibility. Read more below:
Continue Reading Comparison of the AIR vs. CAR Commercial Leasing Forms (With Hints!)
Should I use the CAR or AIR Form Agreement to Purchase Commercial Real Estate ?
Should I use the CAR or AIR Form Agreement to Purchase Commercial Real Estate ?
Here is this article as a pdf with the actual provisions discussed. Click here: AIR vs. CAR Real Estate Purchase Forms which to use
Most (90%+) of California realtors use either AIR CRE Standard Offer, Agreement And Escrow Instructions
Frustration of Purpose as Defense to Commercial Tenant Covid-19 Breach of Lease
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
Attorney Fee Award to Person Found Not to Be a Party to Contract (alleged as alter ego) MSY Trading Inc. v. Saleen Automotive, Inc., G057093
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,
Malicious prosecution requires a favorable termination that ALSO reflects on the innocence of the party. (Roche v. Hyde (6/30/2020)
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
Best Google University School of Law Website for Self Help
The best source for those of you insisting on attending Google University School of Law click here: Sacramento Law Library Website
The Sacramento Law Library has an amazing website. The only thing lacking are “attorney secrets”!!!!
LA County Accepts Electronically Notarized Documents!
Los Angeles County now accepts online notarization. LA County Recorder Accepts Electronic Notarization
Essentially you Facetime the notary, provide your ID and they email you the notarization certificate and document notarized. It is the absolute best way to notarize. I’m sure its only a matter of time for the fraudsters to exploit it.
I have
Los Angeles Superior Court Status Update April 24, 2020: No Civil Trials Until September or Later!
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
Simkin’s Published Real Property Journal Article on the New Statewide Rent Control Civil Code §§1946.2, 1947.12
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