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to quit is given by landlord or tenant the party to whom it is given is entitled to count upon it and it cannot be withdrawn without the consent of both parties.”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
SB 1079 Civil Code 2929.3 is amended adding Section 2924f –Foreclosure Purchases for the common man
January 1, 2021, the new Civil Code § 2924f Click here for text of AB1079 and Civil Code 2924f prohibits bundled residential foreclosure packages to be sold. Sometimes lenders as part of the foreclosure would at auction bundle several properties together selling them to a single buyer. The new law requires foreclosed homes to be
Cool lawyer site
I really like this guy’s blog. Especially this post: Click here: Ten ways to make yourself look foolish!
Obtaining a person’s mail forwarding address from the USPS for order to serve by publication
laciv221 
In order to “constructively” serve a person by publication, or by serving the Secretary of State, you need to show due diligence to track down and to serve the defendant by “normal” means. E.g. personal or substitute service. The United States Postal Service provides this form and information to obtain a persons or businesses’