Due process prevails. A common mistake is pleading damages (other than as limited in Family/PI/wrongful death cases) according to proof without providing the defendant with a number of possible damages. The result is a default but no money to the plaintiff. The law states a default judgment cannot exceed the type and amount of relief
The Court held that a broker must disclose that the seller’s neighbor told him he planned to remodel and his remodeled house would overlook the seller’s pool and interfere with the view. This case case also found expert broker testimony is not always necessary to find breach of a broker’s duty care. The Court stated…
While it is possible to obtain an equitable easement to allow a trespasser to continue use of the property in exchange for damages, the hardship on the trespasser must be “greatly disproportionate” to the hardship of the landowner losing a portion of her land. In this neighbor dispute over lawn chairs, the Court provided a definition or test to follow adverse to the trespasser. Basically, the Court of Appeal held that the $275 cost to the trespasser to remove the patio furniture was not sufficient compared to the total loss of use of the area to the legal property owner.
Continue Reading Equitable Easements require “greatly disproportionate” hardship on the trespasser (Shoen v. Zacarias (2015) 237 CA4th 16
The Appellate Department of the Los Angeles Superior Court (Chen v Kraft (2016) 243 CA4th Supp 13) allowed a landlord to evict a tenant for running short-term rental business out of his residential rental unit in Los Angeles.
In Chen, the Court affirmed a summary judgment granting possession to the landlord EVEN THOUGH…
In Von Nothdurft v. Steck, (2014) 227 Cal.App.4th 524, the manager challenged the written management agreement with the landlord as being “unconscionable” or “an adhesion contract” so void. The Court of Appeal said the agreement was fine and confirmed it was freely entered into. The Court told the manager/tenant she could not have it both ways. Further, managers cannot claim to be “on call”, they are only paid for the time actually working, even if the manager is waiting for a tenant or worker to come to the property.
Continue Reading Landlord can deduct a portion of the value of rental unit to resident manager as part of wages due
In Watts v Oak Shores Community Association (2015) 235 Cal.App.4th 466, the Court said an HOA may impose reasonable regulations and charge reasonable fees that are related to short term rentals that are not imposed or charged other owners of longer term rentals.
Continue Reading HOA may charge fees short term rental fee to homeowner who rents to short term tenants (AirBnB)
Landlord cannot increase rent after parent (named tenant) vacates leaving adult child occupant in apartment
Facts: The Laras moved into a nine-unit building in San Francisco in 1995. At that time, Borjas, their eldest child was six years old. In 2010, the Laras moved into a home in Daly City but Borjas remained. The Laras continued to make the rent payments on the San Francisco apartment. In 2011 the landlord served a notice increasing rent from about $1,171 per month to $2,000 a month. Borjas contested the increase at the Rent Board. The Board denied the rent increase. Landlord appealed to Superior Court and the court similarly denied the rent increase. Landlord appealed.
Continue Reading Landlord cannot increase rent of rent controlled apartment to market level after parent vacates leaving adult child in possession
NIVO 1 LLC v. Antunez 217 Cal. App. 4th Supp. 1 (Cal. Super. Ct. 2013)
What is material, and the purpose behind the lease term is important when a forfeiture is being sought. For example, renter’s insurance, and other lease terms that “benefit the tenant, not landlord” cannot be the basis for a material breach to support an eviction.
Several years ago, a well known Los Angeles UD Mill marketed that he had a “secret way to evict a rent control tenant”. The “secret” was to serve a notice to unilaterally change the terms of tenancy to remove something supposedly “not material” but could later be used to evict a tenant or upset the tenant to leave. Landlords then tried removing various items they argued were “not a reduction in rental services” to upset rent control, but something that was material enough to support an eviction. These two cases are the result of this “secret” along with a change to the Los Angeles Rent Stabilization Ordinance. See L.A. Mun. Code, § 151.09.A.2(c). It is ironic that in the NIVO case, the landlord served a notice of change of terms of tenancy “to render all breaches material”. The Notice stated: “3. Renter agrees that Renter’s performance of and compliance with each of the terms of the rental agreement constitute a condition on Renter’s right to occupy the premises. Any failure of compliance or performance by Renter shall allow Owner to declare a forfeiture of this agreement and terminate Renter’s right to possession. Any breach of the contract is a material breach.” (Italics added.)” Both Courts did an excellent analysis of the material vs. non material breach.
Continue Reading Not having Renter’s insurance is not a material breach to support an Unlawful Detainer
Now a borrower can survive demurrer or summary judgment if he shows the assignment is void. has standing to challenged allegedly improper securitization of mortgage loan
The Court now found that a break in the chain of title due to a void assignment is prejudicial to a borrower and they now have standing to sue for wrongful foreclosure. This is a huge change for plaintiffs, but essentially only means that most cases live to die another day.
Continue Reading Calif. Supreme Court Helps Wrongful Foreclosure Plaintiff
The trial courts if find rescission for nondisclosure by a seller must unwind the transaction even if difficult and complex. E.g, Judges cannot be lazy!
Buyer of a home sued seller for not disclosing the fact that their sewer system was not hooked up to the city’s public system.…