Residential leases, in any facility where a person “resides”, cannot contain a mandatory arbitration clause. The plain language of Civil Code Section 1953 states that waivers of litigation rights in a lease or rental agreement are void as public policy, and Civil Code section 1940 extends these rights to tenants, lessees, boarders, or others of
Trump’s Executive Order is that Jews are a “nationality” so Title VI can be applied to protect Jews from discrimination
Title VI of the Civil Rights Act of 1964 was clearly extended to protect Jews as “a nationality”. However, while thousands of year ago that may be a true statement, perhaps as early as King Solomon’s time, Jews have lived in other nations. Today, and for hundres, if not over two thousand years, Jews do
The U.S. Supreme Court held that “Jews are not white” — Oy vey!
Does this Federal Court’s ruling mean that Jews are “not white”? Shaare Tefila Congregation v. Cobb, 481 U.S. 615 (1987)
The U.S. Supreme Court held in a case where a synagogue was painted with anti-Semitic slogans and symbols, a lawsuit was filed in Federal District Court, alleging that the desecration violated 42 U.S.C. § 1982.
How to fire a slow contractor from a remodeling job –>Time is of the essence!
The home owner should make sure the contract contains an “option to terminate—time of the essence” clause. In Call v. Alcan Pac. Co., 251 Cal. App. 2d 442 (3d Dist. 1967) the court considered such a clause. This type of clause provides that if the contractor does not prosecute the work diligently, the owner may
Tenant (nor landlord) can withdraw a 30 day notice to vacate
Neither the landlord or tenant can withdraw a 30 day notice to vacate. “When a valid notice to quit is given by landlord or tenant the party to whom it is given is entitled to count upon it and it cannot be withdrawn without the consent of both parties.” (See Devonshire v. Langstaff (1935) 10
The “normal” statute of limitations does NOT apply to foreclose using a power of sale on a Deed of Trust (e.g. private sale)!
Logically, the 4 year statute of limitations of Civil Code §387(1) applies to breach of a promissory note secured by a deed of trust. But foreclosure on the deed of trust is not limited to the “normal” statute of limitations. In Trenk v. Soheili, (Dec. 2020) B295434, (Los Angeles County Super. Ct. No. PC058343), the
Chart describing which form to use for Evictions during Covid-19 in California
It is confusing which eviction notice to use and when the money is due, or not due, under the current Covid-19 eviction rules. This chart may help point you in the right direction. But use a lawyer, these are only basic instructions. Click here to download this chart: Which Covid Forms to serve
Lease Notices only need to be “mailed” not received. (But didn’t Trump say not to trust the Post office?)
The mail box rule survives. Many leases, including the AIR leases, provide that notices are “deemed given” if they are “addressed as required herein and mailed with postage prepaid.” This case involved a certified mail letter, which does not require handing it to the post man, just “mailing it”. The result is all a landlord
Bankruptcy Court’s adopt the ‘its ok if you don’t inhale [marijuana]” rule 😊 –Garvin v. Cook
In the 9th Circuit case of Garvin vs. Cook, 922 F.3d 1031 (9th Cir. 2019) the BAP affirmed the bankruptcy court’s order confirming a chapter 11 plan, over the objection of the United States Trustee, who objected because one of the chapter 11 debtors leased property to a tenant who grew marijuana. The objection
Top 10 Attorney Secrets for Settling Cases
- Mediate cases early, e.g. within the first few months of litigation! It behooves all parties to settle the case BEFORE the attorney’s and clients ascertain the facts or law supporting or detracting from their case. This sounds heretical, but most lawyers are lazy and do not begin to research their case until before