Here are some articles written by Michael Simkin, and his brilliant erudite daughter, about persuasive writing techniques attorney’s should use.
School Bullying and Parent Liability
The law provides in part that a minor’s “willful misconduct” causing injury or death to another, or damage to the property of another, “shall be imputed to the parent or guardian having custody and control of the minor” for civil liability purposes. (Civil Code §1714.1, et seq. as well as under the Education Code §
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:
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Air BNB Update on Short Term Rental in the Los Angeles Area
City of Los Angeles: Technically, short term rentals are currently illegal in Los Angeles. ( (Chen vs. Kraft (2016) LA is slow moving but in April 2018 the City Counsel committee approved a measure to allow short term rentals but CAP the number of days that a primary residence can be rented out to
Why not to do business with a lawyer — Court states a lawyer was gaming the system, go figure
A homeowner who is an attorney accused a bank of violating Civil Code § 2923.6, subdivision (c) by foreclosing while his loan modification application was pending. The attorney did not pay his mortgage for eight years. The attorney sued the bank, and the bank’s demurrer was sustained without leave to amend. The Court of Appeal
Counting Days and Loopholes in CAR Real Estate Purchase Agreement Forms
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 page 10 at http://www.onlinedigitalpubs.com/publication/?i=341167#{%22issue_id%22:341167,%22page%22:10}Continue Reading Counting Days and Loopholes in CAR Real Estate Purchase Agreement Forms
Marijuana Laws and Landlord-Tenant Rights
Medical and probably soon recreational marijuana is going to be a hot box for landlords and tenants. Medical marijuana is also NOT a basis nor does it create “civil rights” for residential tenants to smoke in their apartments!! Health and Safety Code §11362.5 (Compassionate Use Act of 1996 “CUA”) allows medical marijuana to be purchased, possessed and used. There are many levels and issues, but here is a sampler. This is one confusing, vague, and evolving area of law and how it impacts employers and landlords. Make sure to check current law both state, national and local (city), as all laws apply.
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Equal Pay for men and women performing “substantially similar work” (Labor Code 1197.5)
This is the big new 2016 law. This allows women to ask questions about their own pay and ask others what they make without the threat of discipline. While this is not a “new law”, this law helps lawyers to help their female clients! Also the employer’s record keeping requirements is increased from two to