The statutes  differentiate between calendar, business and court days.  Sometimes a due date is longer or shorter than you may think.  Here are two links to help:

The Los Angeles Superior Court “official” Date Calculator:

http://www.lacourt.org/courtdatecalculator/ui/

And here is one that does business, court and calendar days:

Filing Date and Deadline Calculator

 

The general “extension rule” of CCP 12a which does apply to 3 Day Notices, does NOT apply to exercise of lease options.  In a commercial lease,  the civil procedure rule extending period to perform any lawfully required act past holidays, including Saturday, to next non-holiday did not apply to lease between commercial tenants and landlords, so the tenants’ attempt to exercise lease option was untimely, although last day to exercise option fell on Saturday and tenants attempted to exercise option the following Monday. Continue Reading Code of Civil Procedure § 12a does NOT extend time to exercise a lease option (Gans v. Smull (2003) 111 Cal.App.4th 985

In an unpublished case, Durack v. Wang, B276086,  on September 27, 2017 the Court stated that Civil Code 1717 does NOT apply in an action based upon CC&R’s so attorney’s fees can be awarded against a party who voluntarily dismissed an action!  In this case Plaintiffs  brought an action against their condominium homeowners association and several individual defendants and settled as to all defendants but one, then voluntarily dismissed their action against the hold-out defendant.   Continue Reading Attorney’s fees Awarded on a Voluntarily Dismissed Case based on CC&R’s — Civil Code 5975(c)

 

The Courts may exclude  evidence as a sanction as part of its  inherent power to exclude evidence to cure violation of invasion of privacy and harassment (see Continental Ins. Co. v. Superior Court (1995) 32 Cal.App.4th 94, 107-108)  This is based upon the concept that litigation abuse shall not be tolerated.  This case was about unethical ex parte communications with a current employee of a represented party (Rule 2-100). Continue Reading Evidence Exclusion as punishment for invasion of privacy, ethical violations or pretty much anything

foreclosure_evictionA buyer purchasing after a foreclosure sale, can serve a notice to quit to a tenant/former owner before recording the deed, e.g. before title is “perfected”.  Citing Code of Civil Procedure § 1161a and U.S. Financial, L.P. v. McLitus (2016) 6 Cal.App.5th Supp. 1, the Court of Appeal affirmed, stating: “Here we reject the occupant’s claim that the notice to quit is premature, and hold that Code of Civil Procedure section 1161a does not require that title be recorded before the notice to quit is served.” (Dr. Leevil, LLC v. Westlake Health Care Center (Cal. App. 2nd Dist., Div. 6,  2017) 9 Cal.App.5th 450.) http://www.courts.ca.gov/opinions/documents/B266931.DOC

 

Attorney Fees gavelWhile Code of Civil Procedure § 1717a bars attorneys fees if the cause of action is on a contract, look to Santisas v. Goodin (1998) 17 Cal.4th 599.  In Santisas, attorney fees were awarded on a tort claim because the home purchase agreement attorney fee provision stated it covered claims “ ‘arising out of the execution of this agreement or the sale’ ” which was interpreted as being broad enough to cover tort claims and contract claims.  These attorneys fees, would then be claimed as an element of costs. (Code Civ. Proc., §§1032(a)(4) and §1033.5, subd. (a)(10)(A).)

A summary of how some prior courts have interpreted other provisions click here: Continue Reading Attorneys Fees Awarded on Tort Claims due to an overbroad attorney fee clause even on a dismissed case

Contract

A common question is how to count the days referred to in the Real Estate Purchase Agreement and related CAR (Calif. Assoc. of Real Estate) forms.  In October 2016 CAR published a concise article on this in their magazine.  In essence the CAR attorneys confirmed that every day counts, even holidays, but if the last day is a weekend or holiday, then the next business day would be the last day.  That confirms with Code of Civil Procedure §12.  More specific examples how to apply this are as follows and are in this great article and summarized below.  See also  http://www.onlinedigitalpubs.com/publication/?i=341167 Continue Reading Counting Days and Loopholes in CAR Real Estate Purchase Agreement Forms