California Real Estate Lawyer

New Law January 1, 2012: Disclosure Relatings to Water Conserving Plumbing Fixtures

2011-11-30T09:49:00.000-08:00

The California Association of Realtors successfully sponsored a new law, effective January 1, 2012, revising the Transfer Disclosure Statement (TDS) to include a checkbox in Section A for the seller to disclose whether the property has water-conserving plumbing fixtures.

The revised TDS also clarifies at the end of Section B that, by January 1, 2017, a single-family residence built on or before January 1, 1994 must generally be equipped with water-conserving plumbing fixtures. If, however, that single-family home is altered or improved on or after January 1, 2014, the water-conserving plumbing fixtures must be a condition of final permit approval. Water-conserving plumbing fixtures are low-flow toilets, showerheads, and faucets under section 1101.3 of the California Civil Code. C.A.R. intends to release a revised TDS form in November 2011 to comply with this law. Senate Bill 837. Click here to Read Full Text.

Note: The information contained is not legal advice and does not establish an attorney-client relationship. Our contact information is included and we always offer a free consultation. If you would like to submit your specific fact pattern for free, no obligation review, please visit: http://www.adishianlaw.com/index.php/real-estate. For more information about REAL ESTATE, FAILURE TO DISCLOSE, REAL ESTATE MEDIATION, and/or other areas of REAL ESTATE law, please visit http://www.AdishianLaw.com/, contact us via email to askalg@adishianlaw.com or call us at 415.955.0888 or 310.726.0888. Copyright Adishian Law Group, P.C. 2011.

Failure to Disclose...No Harm, No Foul?

2011-05-09T14:36:00.000-07:00

California is home to over 35,000,000 people. With all those real estate transactions happening in the State, it has become common for an allegation of a "failure to disclose" to arise after escrow has closed on a residential sale (e.g. condo or single family residence). This article does not address any failures to disclose in commercial transactions.

What should you do if you believe a Seller has "failed to disclose" a material item?
California courts have answered this question by empowering a the Buyer with a common sense choice, called an "election of remedies" -- the Buyer can (1) file a Complaint for Rescission or (2) Affirm the Contract and Sue for Damages. In English, Option 1 means that a Buyer can ask a Court to order the Seller to take the property back and repay the Buyer (with certain credits and offsets for the time period the property was owned by the Buyer), such that both parties are returned to their prior positions before the sale. Option 2, means that a Buyer can simply elect to keep the property and sue the Seller for damages (i.e. money). (The calculation of damages will be the subject of another post).

Liability v. Damages
The law makes a fundamental distinction between liability and damages. Liability means that a party is legally responsible for the "damages" caused by his wrongful act (i.e. he/she broke the law). Damages is a legal attempt to quantify the harm so that a Court can order the party liable to pay money.

In some failure to disclose cases, there may be liability but no damages, and in such cases the Courts want the parties to move on with their lives, even where one party clearly failed to disclose something that they should have disclosed. In such cases, the rule boils down to "no harm, no foul" (or "he / she lied, but so what").

In other failure to disclose cases, there can often be SUBSTANTIAL AMOUNTS of money at stake, climbing into the HUNDREDS OF THOUSANDS or even MILLIONS!

Adishian Law Group, P.C. has a full service real estate practice, advising owners on purchases, sales, leasing, landlord-tenant issues, financing, 1031 transactions and litigating selective class actions against large financial institutions. We represent and advise clients in "failure to disclose" cases that involves a material amount of damages. If you believe that you have a failure to disclose case, we encourage you to take advantage of our free case submission offered at http://www.adishianlaw.com/.

Note: The information contained is not legal advice and does not establish an attorney-client relationship. Our contact information is included and we always offer a free consultation. If you would like to submit your specific fact pattern for free, no obligation review, please visit: http://www.adishianlaw.com/index.php/real-estate. For more information about REAL ESTATE, FAILURE TO DISCLOSE, REAL ESTATE MEDIATION, and/or other areas of REAL ESTATE law, please visit http://www.AdishianLaw.com/, contact us via email to askalg@adishianlaw.com or call us at 415.955.0888 or 310.726.0888. Copyright Adishian Law Group, P.C. 2011.

Mortgage Class Actions: IndyMac and OnwWest

2010-12-14T10:30:00.000-08:00

This article is part of a series that seeking to chronicle the legal communities efforts to repair the massive amount of damage caused by the illegal conduct that contributed significantly to the mortgage market collapse.

The United States remains in the throes of one of the worst "mortgage crises" in history. The problem is so widespread that the numbers are almost hard to believe. The consensus is that it will take years for the effects of this economic disaster to be unwound through any process, whether free market, government run or a combination of both. CNBC reported that the monthly foreclosures for September 2010 was an ALL TIME HIGH. The CNBC story ran simultaneously with the emergence of allegations of widespread "robo-signing" borrowers into foreclosure without regard to the actual status of their loan.

The wrongs here are massive scale nationwide both financially, and as a percentage of the overall population. It seems likely that the remedies here will be massive in the same way. Time will tell.

Recently, California attorneys filed a new class action representing Plaintiffs who have allegedly been harmed by this wrongful conduct purpotrated by CitiMortgage. [USDC, Central District of California #CV10 9167 GW]. The Complaint makes some interesting allegations, including but not limited to, the following:

(1) that the defendants who securitized purchase money loans intentionally and systematically failed to assign the accompanying promissory notes to the Real Estate Mortgage Investment Conduits (REMICs), thereby invalidating the REMIC formation;
(2) that the defendants subsequently and improperly used these promissory notes as collateral to raise cash;
(3) that the defendants misled or damaged Plaintiffs who were seeking legitimate participation in the Obama Administration's Home Affordable Mortgage Program (HAMP) and
(4) that the defendants intentionally and wrongfully damaged the Plaintiff's credit.

The Complaint contains causes of action for Declaratory Relief, Quiet Title, Unjust Enrichment, Wrongful Credit Reporting, Breach of Contract, Promissory Estoppel and Preliminary and Permanent Injunction.

If you are a borrower with a IndyMac or OneWest loan that is NOT in foreclosure, but has experienced wrongful conduct similar to that alleged in the above case, or believe that your properly is IN THE PROCESS of being wrongfully foreclosed, or simply would like to talk with an attorney, please use our free case submission to submit the facts of your case, and upload a WORD or .PDF document by clicking here.

Your can also email us at askalg@adishianlaw.com or call us at 415.955.0888 or 310.726.0888.

Adishian Law Group, P.C. has a full service real estate practice, advising owners on purchases, sales, leasing, landlord-tenant issues, financing, 1031 transactions and litigating selective class actions against large financial institutions.

Note: The information contained is not legal advice and does not establish an attorney-client relationship. Our contact information is included and we always offer a free consultation. If you would like to submit your specific fact pattern for free, no obligation review, please visit: http://www.adishianlaw.com/index.php/real-estate. For more information about WRONGFUL FORECLOSURES, LOAN MODIFICATION, HOME AFFORDABLE MORTGAGE PROGRAM and/or other areas of REAL ESTATE law, please visit http://www.AdishianLaw.com/, contact us via email to askalg@adishianlaw.com or call us at 415.955.0888 or 310.726.0888. Copyright ALG 2010.

Mortgage Class Actions: GMAC

2010-12-14T10:29:00.000-08:00

This article is part of a series that seeking to chronicle the legal communities efforts to repair the massive amount of damage caused by the illegal conduct that contributed significantly to the mortgage market collapse.

The United States remains in the throes of one of the worst "mortgage crises" in history. The problem is so widespread that the numbers are almost hard to believe. The consensus is that it will take years for the effects of this economic disaster to be unwound through any process, whether free market, government run or a combination of both. CNBC reported that the monthly foreclosures for September 2010 was an ALL TIME HIGH. The CNBC story ran simultaneously with the emergence of allegations of widespread "robo-signing" borrowers into foreclosure without regard to the actual status of their loan.

The wrongs here are massive scale nationwide both financially, and as a percentage of the overall population. It seems likely that the remedies here will be massive in the same way. Time will tell.

Recently, California attorneys filed a new class action representing Plaintiffs who have allegedly been harmed by this wrongful conduct purpotrated by CitiMortgage. [USDC, Central District of California #CV10 9167 GW]. The Complaint makes some interesting allegations, including but not limited to, the following:

(1) that the defendants who securitized purchase money loans intentionally and systematically failed to assign the accompanying promissory notes to the Real Estate Mortgage Investment Conduits (REMICs), thereby invalidating the REMIC formation;
(2) that the defendants subsequently and improperly used these promissory notes as collateral to raise cash;
(3) that the defendants misled or damaged Plaintiffs who were seeking legitimate participation in the Obama Administration's Home Affordable Mortgage Program (HAMP) and
(4) that the defendants intentionally and wrongfully damaged the Plaintiff's credit.

The Complaint contains causes of action for Declaratory Relief, Quiet Title, Unjust Enrichment, Wrongful Credit Reporting, Breach of Contract, Promissory Estoppel and Preliminary and Permanent Injunction.

If you are a borrower with a GMAC loan that is NOT in foreclosure, but has experienced wrongful conduct similar to that alleged in the above case, or believe that your properly is IN THE PROCESS of being wrongfully foreclosed, or simply would like to talk with an attorney, please use our free case submission to submit the facts of your case, and upload a WORD or .PDF document by clicking here.

Mortgage Class Actions: Chase and Washington Mutual

2010-12-14T10:28:00.000-08:00

This article is part of a series that seeking to chronicle the legal communities efforts to repair the massive amount of damage caused by the illegal conduct that contributed significantly to the mortgage market collapse.

The United States remains in the throes of one of the worst "mortgage crises" in history. The problem is so widespread that the numbers are almost hard to believe. The consensus is that it will take years for the effects of this economic disaster to be unwound through any process, whether free market, government run or a combination of both. CNBC reported that the monthly foreclosures for September 2010 was an ALL TIME HIGH. The CNBC story ran simultaneously with the emergence of allegations of widespread "robo-signing" borrowers into foreclosure without regard to the actual status of their loan.

The wrongs here are massive scale nationwide both financially, and as a percentage of the overall population. It seems likely that the remedies here will be massive in the same way. Time will tell.

Recently, California attorneys filed a new class action representing Plaintiffs who have allegedly been harmed by this wrongful conduct purpotrated by CitiMortgage. [USDC, Central District of California #CV10 9167 GW]. The Complaint makes some interesting allegations, including but not limited to, the following:

(1) that the defendants who securitized purchase money loans intentionally and systematically failed to assign the accompanying promissory notes to the Real Estate Mortgage Investment Conduits (REMICs), thereby invalidating the REMIC formation;
(2) that the defendants subsequently and improperly used these promissory notes as collateral to raise cash;
(3) that the defendants misled or damaged Plaintiffs who were seeking legitimate participation in the Obama Administration's Home Affordable Mortgage Program (HAMP) and
(4) that the defendants intentionally and wrongfully damaged the Plaintiff's credit.

The Complaint contains causes of action for Declaratory Relief, Quiet Title, Unjust Enrichment, Wrongful Credit Reporting, Breach of Contract, Promissory Estoppel and Preliminary and Permanent Injunction.

If you are a borrower with a Chase or Washington Mutual loan that is NOT in foreclosure, but has experienced wrongful conduct similar to that alleged in the above case, or believe that your properly is IN THE PROCESS of being wrongfully foreclosed, or simply would like to talk with an attorney, please use our free case submission to submit the facts of your case, and upload a WORD or .PDF document by clicking here.

Mortgage Class Actions: Wells Fargo Bank and Wachovia

2010-12-14T10:24:00.000-08:00

This article is part of a series that seeking to chronicle the legal communities efforts to repair the massive amount of damage caused by the illegal conduct that contributed significantly to the mortgage market collapse.

The United States remains in the throes of one of the worst "mortgage crises" in history. The problem is so widespread that the numbers are almost hard to believe. The consensus is that it will take years for the effects of this economic disaster to be unwound through any process, whether free market, government run or a combination of both. CNBC reported that the monthly foreclosures for September 2010 was an ALL TIME HIGH. The CNBC story ran simultaneously with the emergence of allegations of widespread "robo-signing" borrowers into foreclosure without regard to the actual status of their loan.

The wrongs here are massive scale nationwide both financially, and as a percentage of the overall population. It seems likely that the remedies here will be massive in the same way. Time will tell.

Recently, California attorneys filed a new class action representing Plaintiffs who have allegedly been harmed by this wrongful conduct purpotrated by CitiMortgage. [USDC, Central District of California #CV10 9167 GW]. The Complaint makes some interesting allegations, including but not limited to, the following:

(1) that the defendants who securitized purchase money loans intentionally and systematically failed to assign the accompanying promissory notes to the Real Estate Mortgage Investment Conduits (REMICs), thereby invalidating the REMIC formation;
(2) that the defendants subsequently and improperly used these promissory notes as collateral to raise cash;
(3) that the defendants misled or damaged Plaintiffs who were seeking legitimate participation in the Obama Administration's Home Affordable Mortgage Program (HAMP) and
(4) that the defendants intentionally and wrongfully damaged the Plaintiff's credit.

The Complaint contains causes of action for Declaratory Relief, Quiet Title, Unjust Enrichment, Wrongful Credit Reporting, Breach of Contract, Promissory Estoppel and Preliminary and Permanent Injunction.

If you are a borrower with a Wells Fargo loan that is NOT in foreclosure, but has experienced wrongful conduct similar to that alleged in the above case, or believe that your properly is IN THE PROCESS of being wrongfully foreclosed, or simply would like to talk with an attorney, please use our free case submission to submit the facts of your case, and upload a WORD or .PDF document by clicking here.

Mortgage Class Actions: CitiMortgage and Bank of America

2010-12-08T14:10:00.000-08:00

This article is the first in a series that will seek to chronicle the legal communities efforts to repair the massive amount of damage caused by the illegal conduct that contributed significantly to the mortgage market collapse.

The United States remains in the throes of one of the worst "mortgage crises" in history. The problem is so widespread that the numbers are almost hard to believe. The consensus is that it will take years for the effects of this economic disaster to be unwound through any process, whether free market, government run or a combination of both. CNBC reported that the monthly foreclosures for September 2010 was an ALL TIME HIGH. The CNBC story ran simultaneously with the emergence of allegations of widespread "robo-signing" borrowers into foreclosure without regard to the actual status of their loan.

The wrongs here are massive scale nationwide both financially, and as a percentage of the overall population. It seems likely that the remedies here will be massive in the same way. Time will tell.

Recently, California attorneys filed a new class action representing Plaintiffs who have allegedly been harmed by this wrongful conduct. [USDC, Central District of California #CV10 9167 GW]. The Complaint makes some interesting allegations, including but not limited to, the following:

(1) that the defendants who securitized purchase money loans intentionally and systematically failed to assign the accompanying promissory notes to the Real Estate Mortgage Investment Conduits (REMICs), thereby invalidating the REMIC formation;
(2) that the defendants subsequently and improperly used these promissory notes as collateral to raise cash;
(3) that the defendants misled or damaged Plaintiffs who were seeking legitimate participation in the Obama Administration's Home Affordable Mortgage Program (HAMP) and
(4) that the defendants intentionally and wrongfully damaged the Plaintiff's credit.

The Complaint contains causes of action for Declaratory Relief, Quiet Title, Unjust Enrichment, Wrongful Credit Reporting, Breach of Contract, Promissory Estoppel and Preliminary and Permanent Injunction.

If you are a borrower that is NOT in foreclosure, but has experienced conduct similar to that alleged in the above case, or believe that your properly is IN THE PROCESS of being wrongfully foreclosed, or simply would like to talk with an attorney, please use our free case submission to submit the facts of your case, and upload a WORD or .PDF document by clicking here.

New Law Jaunary 1, 2011, Unlawful Detainer Service on Commercial Tenant

2010-11-30T09:40:00.000-08:00

AB 1263 changes the method of serving an unlawful detainer notice on a commercial tenant. The law provides that service on a commercial tenant can be made by any of the following methods:

(1) delivering a copy to the tenant personally,

(2) leaving a copy with some person of suitable age and discretion at the property and sending a copy through the mail, as specified, or

(3) by affixing a copy in a conspicuous place on the property and sending a copy through the mail, as specified.

Amends Section 1162 of the CA Code of Civil Procedure.

Note: The information contained is not legal advice and does not establish an attorney-client relationship. Our contact information is included and we always offer a free consultation. If you would like to submit your specific fact pattern for free, no obligation review, please visit: http://www.adishianlaw.com/index.php/real-estate. For more information about REAL ESTATE, UNLAWFUL DETAINER and/or other areas of REAL ESTATE law, please visit http://www.AdishianLaw.com contact us via email to askalg@adishianlaw.com or call us at 415.955.0888 or 310.726.0888. Copyright Adishian Law Group, P.C. 2011.

New Law Jaunary 1, 2011, Required Diclosures

2010-11-30T09:38:00.000-08:00

This law revises the TDS and MHTDS to include a disclosure regarding compliance with the smoke detectors and water-heater bracing laws (eliminating the need for separate disclosure forms). The TDS and MHTDS will also add a disclosure regarding carbon monoxide detection devices.

This law enacts the Carbon Monoxide Poisoning Prevention Act of 2010. The law requires a carbon monoxide device (battery or hard-wired) to be installed in a "dwelling unit intended for human occupancy." A violation is punishable by a maximum fine of $200 for each offense. Owners of residential rental property must also comply with this law. Tenants are responsible to notify the owner of an inoperable or deficient carbon monoxide device.

Installation Time Period:

On or before July 1, 2011 for existing single-family dwelling units
On or before Jan. 1, 2013 for all other existing dwelling units

Amends Sections 1102.6 and 1102.6d of the CA Civil Code and adds Sections 13260, 13261, 13262, 13263, 17926, 17926.1, and 17926.2 to the CA Health and Safety Code.

Note: The information contained is not legal advice and does not establish an attorney-client relationship. Our contact information is included and we always offer a free consultation. If you would like to submit your specific fact pattern for free, no obligation review, please visit: http://www.adishianlaw.com/index.php/real-estate. For more information about REAL ESTATE LAWS, please visit http://www.AdishianLaw.com, contact us via email to askalg@adishianlaw.com or call us at 415.955.0888 or 310.726.0888. Copyright Adishian Law Group, P.C. 2011.

New Law Jaunary 1, 2011, Contractors May Operate as an LLC

2010-11-30T09:35:00.000-08:00

This law authorizes the Contractors' State License Board, commencing no later than Jan. 1, 2012, to issue a contractor's license to a limited liability company (LLC) and authorizes the responsible managing manager, officer, member, or employee of the LLC, to qualify for that license. In order to be licensed as an LLC, the applicant or licensee must have a surety bond in the sum of $100,000.

Amends Sections 7025, 2028.5, 2029, 7065, 7065.1, 7065.5, 7068, 7068.1, 7068.2, 7069, 7071, 7071.7, 7071.8, 7071.9, 7071.11, 7071.17, 7072.5, 7075.1, 7076, 7076.2, 7085.6, 7090, 7090.1, 7096, 7121, 7121.1, 7121.5, 7121.6. 7122, 7122.1, 7122.2, 7122.5, 7137, 7138, 7152, 7159, and 7159.10 and adds Sections 7071.6.5, and 7071.19 to the CA Business and Professions Code.

Note: The information contained is not legal advice and does not establish an attorney-client relationship. Our contact information is included and we always offer a free consultation. If you would like to submit your specific fact pattern for free, no obligation review, please visit: http://www.adishianlaw.com/index.php/real-estate. For more information about REAL ESTATE law, please visit http://www.AdishianLaw.com, contact us via email to askalg@adishianlaw.com or call us at 415.955.0888 or 310.726.0888. Copyright Adishian Law Group, P.C. 2011.

Class Actions: Widespread Wrongful Foreclosures, Failure to Reinstate Loans

2010-10-19T17:33:00.000-07:00

It is no secret that the United States remains in the throes of one of the worst "mortgage meltdowns" in history. The problem is so widespread that the numbers are almost hard to believe. The consensus is that it will take years for the effects of this economic disaster to be unwound through any process, whether free market, government run or a combination of both. Just days ago, CNBC reported that the monthly foreclosures for September was an ALL TIME HIGH. This story ran simultaneously with the emergence of allegations of widespread "robo-signing" borrowerrs into foreclosure without regard to the actual status of their loan.

In the case of the wrongful foreclosure, the fact pattern generally goes as follows. First, borrower takes out a mortgage on his property and lender takes back a promissory note and deed of trust. Second, the borrower misses one or two payments, or falls behind one or two payments, and then catches up. Third, the lender notifies the borrower that the loan is in default, fails to reinstate the loan, and begins to generate fees and costs that must be paid by the borrower -- before the lender will reinstate its loan -- including but not limited to: (1) attorneys fees; (2) default interest; (3) late charges; (4) appraisal fees and (5) other costs. The lender goes on to threaten the buyer with foreclosure if the buyer fails to pay all the banks fees and costs, in addition to the principal and interest on the underlying loan.

What's the big deal? These "default" fees and costs are quickly piled on, eroding any equity that the borrower may have slowly built up on the property (in effect paying it to the Bank), draining the borrower's bank account and leaving the borrower unable to make up the payments or resist foreclosure. On the bank side, it's a beautifully profitable transaction, they bleed the borrower dry, and then take the property back. One problem.....it's illegal.

The recent case against Bank of America was based on abusive practices such as these, and resulted in a settlement of $108 million, affecting nearly 200,000 borrowers!

In California, borrowers also have the protection of a special statute, California Civil Code Section 2924c. California Civil Code § 2924c applies to any obligation secured by a deed of trust on real property, and permits the trustor, who is in default under the terms of the deed of trust, to cure the default unilaterally, by paying to the beneficiary or the successor in interest:

"(A) all amounts of principal, interest, taxes, assessments, insurance premiums, or advances actually known by the beneficiary to be, and that are, in default and shown by the beneficiary to be, and that are, in default and shown in the notice of default, under the terms of the deed of trust or mortgage and the obligation secured thereby, (B) all amounts in default on recurring obligations not shown in the notice of default, and (C) all reasonable costs and expenses, subject to subdivision (c), which are actually incurred in enforcing the terms of the obligation, deed of trust, or mortgage, and trustee’s or attorney’s fees, subject to subdivision (d), other than the portion of principal as would not then be due had no default occurred…"

If the trustor cures the default pursuant to this section, then “all proceedings theretofore had or instituted shall be dismissed or discontinued and the obligation and deed of trust or mortgage shall be reinstated and shall be and remain in force and effect, the same as if the acceleration had not occurred”. Bottom line, if a borrower tenders payment to the lender as required under 2924c, reinstatement is mandatory!

We recently filed a class action in LA Superior Court against Greystone Bank for alleged violations of California Civil Code 2924c. Read Complaint. If you are a borrower that has been: (1) subjected to, or threatened with wrongful foreclosure, or (2) forced to pay improper fees and costs in order to avoid foreclosure, by Greystone Bank or Greystone Servicing Corporation, we would like to talk with you about your situation.

Also, if you have had a wrongful foreclosure experience with any other large bank, other than Greystone Bank or Greystone Servicing Corporation, we would like to talk with you about your experience as well.

Your can email us at askalg@adishianlaw.com or call us at 415.955.0888 or 310.726.0888.

Adishian Law Group, P.C. has a full service real estate practice, advising owners on purchases, sales, leasing, landlord-tenant issues, financing, 1031 transactions and litigating wrongful foreclosure actions against large financial institutions.

Note: The information contained is not legal advice and does not establish an attorney-client relationship. Our contact information is included and we always offer a free consultation. If you would like to submit your specific fact pattern for free, no obligation review, please visit: http://www.adishianlaw.com/index.php/real-estate. For more information about WRONGFUL FORECLOSURES, CIVIL CODE 2924c, LOAN REINSTATEMENT and/or other areas of REAL ESTATE law, please visit http://www.AdishianLaw.com/, contact us via email to askalg@adishianlaw.com or call us at 415.955.0888 or 310.726.0888. Copyright ALG 2010.

Residential Lease Terminations and Evictions

2010-10-18T12:32:00.000-07:00

We continuously receive inquiries from both Landlords and Tenants regarding termination of tenancies. This article applies to the renewal and termination of residential real property in California cities and municipalities that do NOT have local rent control ordinances (e.g. Santa Monica, Berkeley, San Francisco). However, even in these non-rent control jurisdicition, landlords must be careful with lease terminations.

Where there is a rental of a residential property for a term not specified by the parties, the general rule in California is 60 days notice. However, only 30 days notice is required in the following circumstances:

(A) If any tenant or resident has resided in the dwelling for less than one year, or
(B) If ALL of the following apply:
(1) The dwelling or unit is alienable separate from the title to any other dwelling unit.
(2) The owner has contracted to sell the dwelling or unit to a bona fide purchaser for value, and has established an escrow with a licensed escrow agent, as defined in Sections 17004 and 17200 of the Financial Code, or a licensed real estate broker, as defined in Section 10131 of the Business and Professions Code.
(3) The purchaser is a natural person or persons.
(4) The notice is given no more than 120 days after the escrow has been established.
(5) Notice was not previously given to the tenant pursuant to this section.
(6) The purchaser in good faith intends to reside in the property for at least one full year after the termination of the tenancy. Cal. Civ. Code § 1946.1 (West)

Any notices served under this Section, must meet the notice requirements of Section 1162 of the California Code of Civil Procedure.

Adishian Law Group, P.C. has a full service real estate practice, advising owners on purchases, sales, leasing, landlord-tenant issues, financing and 1031 transactions.

Note: The information contained is not legal advice and does not establish an attorney-client relationship. Our contact information is included and we always offer a free consultation. If you would like to submit your specific fact pattern for free, no obligation review, please visit: http://www.adishianlaw.com/index.php/real-estate. For more information about the 1031 EXCHANGES, TAX FREE EXCHANGES, COMMERCIAL PROPERTY and/or other areas of REAL ESTATE law, please visit http://www.AdishianLaw.com/, contact us via email to askalg@adishianlaw.com or call us at 415.955.0888 or 310.726.0888. Copyright ALG 2010

Adishian Law Group Newsletter (October 2009)

2009-10-08T13:01:00.000-07:00

(edited, originally published October, 2009)

Headnotes....

New Website.
After months of work, we are proud to announce the launch of the New Adishianlaw.com website! We hope that you will find it even easier to use and to locate helpful information.

Arbitration and Mediation.
Chris Adishian is available to serve as an arbitrator or mediator in corporate, business or real estate disputes. Recent arbitrations and mediations include the following:

-- Scheduled to serve as one of three arbitrators appointed to decide a client-attorney fee dispute of approximately $900,000

-- Served as one of three arbitrators appointed to decide a client-attorney fee dispute of approximately $750,000

Corporate Law Update

We continue to build our corporate practice of representing top entrepreneurs and serving as general counsel for emerging companies and privately-held corporations across a range of industries from high-tech to low-tech. Target clients include start-ups and privately held, growth companies with $5-$50 million in annual revenue. Some of our recent and active corporate matters include:

Advising foreign company in breach of contract collection strategy against U.S. based entity

Representing corporate client in post-acquisition dispute

LLC formations for real estate development, financial consulting and
business start-ups

Customer contract review, drafting and negotiation

Joint venture contract review, drafting and negotiation

For an updated list of representative projects and transactions, please visit our Corporate Transactions Page.

In addition, we also provide a free corporate resources page, located here ALG, P.C. Corporate Resource Links.

Our flat rate corporate or LLC formation package is a great value for start-ups. If you or your clients have an idea, and are ready to run with it, please contact us at askalg@adishianlaw.com to schedule a free, no obligation consultation.

Real Estate Law Update

We have a full service real estate practice, representing investors, owner-operators, buyers, sellers and developers in real estate transactions, operations and financings, as well as representing clients involved in real estate disputes in a variety of forums including mediation, arbitration and civil litigation. Some of our recent and active real estate matters include:

Represented client on a contested foreclosure/quiet title action

Commercial zoning, compliance

Commercial eviction

Commercial lease negotiations

Condo HOA compliance

Residential landlord-tenant advisory

Residential eviction (pro-bono)

Real Estate Market Review: The commercial market remains challenging for landlords of office and strip malls. Landlords holding lower quality locations with non-branded, non-chain tenants are suffering pro-longed vacancies due to few new business starts and excess supply on the market. The residential income market remains strong with steady tenant demand driven by a variety of factors including widespread foreclosures moving people out of home and into the rental market. There are attractive opportunities in larger apartment complexes, and these opportunities often make sense for small groups of investors.

For an updated list of representative projects and transactions, please visit our Real Estate Transactions Page.

We also recommend that you visit our own real estate resources page, located here ALG, P.C. Real Estate Resource Links.

When you have your next real estate issue, whether it is a L-T issue, Broker-client dispute, pending litigation, mediation, arbitration, a new development, upcoming transaction, need capital or simply want to sell an asset, contact us via askalg@adishianlaw.com for a free, no obligation consultation.

Executive-Level Wrongful Termination Law Update

Representing talented, highly compensated corporate professionals (e.g. Company Founders, Investment Bankers, Sales Managers, High Performing Sales Representatives and "C-Suite" executives) throughout the state continues to be a core piece of our practice. Many of our clients are leading performers in their chosen professions. We represent top corporate talent in high-stakes litigation against some of the largest corporations and law firms in the country. We also advise senior level executive in negotiating their employment agreements. Some of our recent and active employment matters include:

Advised client, a senior executive, in employment contract negotiations;

Advised client, a senior executive, in reviewing proposed severance package;

Advised client regarding issues surrounding departure from his Company;

Advised clients, employees and shareholders, regarding separation and stock buy back;

Representing client on claims of fraud in the inducement;

Representing a private company founder with respect to claims against the company.

Labor Market Review: The best news on the current economy is that it seems to be "less bad," but it continues to be the toughest employment market since the early 1990s, and by some measures the toughest market in several generations. California and particularly, Los Angeles, have been hit very hard, with California reaching record levels of joblessness, reaching 12.2%, far in excess of the 9.7% national average according to the New York Times.

For an updated list of representative client matters, please visit Employment Results.

If you have lost your job, regardless of your employment level, you clearly are not alone. We encourage you to visit our Labor Law Blog to learn what steps we recommend that you take if you have been fired or laid off. The tough news is that no quick substantive exit from the recession is apparent, but the good news is that there are definitely steps that you can take to help you get through this difficult economic environment.

We also recommend our own Labor and Employment resources page, located here ALG, P.C. Employment Law Resource Links.

If you or someone you know could benefit from our services, or has a fact pattern similar to the above, please contact us at askalg@adishianlaw.com for a free consultation.

The ALG Difference

Our practice grows through relationships and referrals. Our points of differentiation are:

1. Professional Service. We are professionals, striving always to deliver the highest level of client service in a trusted, effective manner;
2. Representing Leaders. Our clients are exceptional individuals, families and companies who are achievers in their chosen fields and value our services;
3. Trusted, Proven Network. We also serve as "network hub", providing our clients with a single point of contact for all of their legal needs relating to the great state of California. In terms of scale, LinkedIn calculates that our 2nd level network is over 62,500 individuals, and that our 3rd level network is over 3,900,000 individuals. Every client has access to, and benefits from, our trusted, proven network of talented professionals and other firm resources.
4. Technology Forward. We are technology-forward, leveraging the latest technology to deliver our legal services in the most efficient manner;
5. Direct Attorney Involvement. We provide direct attorney involvement on every client matter, supplemented as appropriate by staff;
6. Personalized, 24 hour access. We provide highly personalized, responsive service to our clients -- clients have twenty-four hour access to our attorneys and staff;
7. International and Cross-Border Experience. We are international, advising overseas clients on inbound activities and advising California clients on outbound activities in foreign jurisdictions; and
8. Solutions Focused. We generate creative solutions founded on our practical knowledge of what works and what does not work.

In short, we act quickly, and when you need us, we are on the ground with you....wherever you may need us. Simply pick up the phone.

Related Services

Attorney Referrals. We continue to add quality attorneys to our referral network, so even if your legal needs do not fall within our three core practice areas, your first call should still be to ALG. If we cannot help you directly, chances are we have a relationship with a high-quality attorney in that area of law.

Real Estate Brokerage: Property Management Services

Professional Introductions

Company/Individual background checks

Asset verification/debt collection

Conference room access in Los Angeles and San Francisco

Thank you for your ongoing support, and Go Bears!

Regards,

ADISHIAN LAW GROUP, P.C.
Southern California
Pacific Corporate Towers
222 N. Sepulveda Blvd., Suite 2000
El Segundo, California 90245
P: 310.726.0888
F: 866.350.0888

Northern California
One Market
Spear Tower, Suite 3600
San Francisco, California 94105
P: 415.955.0888
F: 866.350.0888
Web: http://www.AdishianLaw.com
Skype: ALG-PC

1031 Exchanges

2009-01-13T17:47:00.000-08:00

What is a 1031 Exchange?
Section 1031 provides for "Nonrecognition of gain or loss from exchanges solely in kind: (1) In general. No gain or loss shall be recognized on the exchange of property held for productive use in a trade or business or for investment if such property is exchanged solely for property of like kind which is to be held either for productive use in a trade or business or for investment." In short, this means that if you want to sell an investment property now worth $3,000,000, that you originally purchased for $1,000,000, Section 1031 will allow you to rollover the entire $3,000,000 (including the roughly $2,000,000 in gain calculated as $3,000,000 minus $1,000,000, leaving depreciation out for the sake of simplicity) tax free!

Some Rules
In order to qualify for tax free treatment under Section 1031, the Seller must (1) use a Qualified Intermediary; (2) Identify the replacement property within 45 days; (3) The replacement property must be "like-kind" and (4) The replacement property transaction must close within 180 days of the closing of the relinquised property. As may be obvious, this area of real estate law is "jargon-heavy."

Adishian Law Group, P.C. has a full service real estate practice, advising owners on purchases, sales, leasing, landlord-tenant issues, financing and 1031 transactions.

Note: The information contained is not legal advice and does not establish an attorney-client relationship. Our contact information is included and we always offer a free consultation. For more information about the 1031 EXCHANGES, TAX FREE EXCHANGES, COMMERCIAL PROPERTY and/or other areas of REAL ESTATE law, please visit http://www.AdishianLaw.com/, contact us via email to askalg@adishianlaw.com or call us at 415.955.0888 or 310.726.0888. Copyright ALG 2009.

Commercial Leasing: Surrender and Termination

2009-01-12T08:26:00.000-08:00

In the current recession, commercial landlord's are just beginning to feel the pressure from tenants seeking rent concession or the outright elimination of their rent obligation. See Wall Street Journal, "Struggling Retailers Press Struggling Landlords on Rent", January 2009. There is also a rapidly shrinking pool of high-quality "anchor" as major retail chains file bankruptcy seemingly one after the other. As a commercial property owner, what should you do to protect your interst.

Surrender or Termination or Both. A lessee cannot effect a surrender and termination of a lease unilaterally. The landlord must accept the offer of termination for it to be effect. Under California law, an abandonment of the premises by the tenant is merely an offer to surrender their lease. See Miller & Starr, 3rd. Ed., Vol 7, Sec. 19.

Upon receiving an offer of termination from a tenant, a commercial landlord must make an election of his remedy: (1) Ignore the offer to terminate, treat the lease as continuing and sue to recover rent as it becomes due provided that the lease permits the lessee to sublease or assign its interest; or (2) Accept the offer to terminate, and pursue remedies under CCC 1951.2.

How well companies and individuals managing real estate assets through an economic downturn is critical to long term success in real estate. Adishian Law Group, P.C. regularly advises landlords and tenants on the most economically sound resolution of landlord-tenant disputes, including renegotiating rents, surrender and termination agreements and sometimes unlawful detainer. We can also recommend a few property management firms throughout California that can assist with the management of your real estate assets.

Note: The information contained is not legal advice and does not establish an attorney-client relationship. Our contact information is included and we always offer a free consultation. For more information about the LANDLORD-TENANT, SURRENDER, TERMINATION, and/or other areas of REAL ESTATE law, please visit http://www.AdishianLaw.com/, contact us via email to askalg@adishianlaw.com or call us at 415.955.0888 or 310.726.0888. Copyright ALG 2009.

Foreclosing Lienholders: First in Time

2009-01-12T08:14:00.000-08:00

As part of the ongoing "fall out" from the real estate bubble, lenders (i.e. lienholders) are finding that they need to foreclose on a non-paying borrower in order to recover amounts owed. To its surprise, the lender sometimes discovers that there were additional loans on the borrower's property that the lender did not know existed.

Setting aside a potential recovery against the provider of title insurance, which one of the loans will be repaid first as part of the foreclosure process?

California follows the “First in Time, First in Right Rule”. Miller & Starr, Cal. Real Estate § 11:1, 11:106. Under California law, competing liens upon the same property generally have priority according to the time of their creation, although that rule is subordinate to the rules of recordation. In re Pavich, Bkrtcy.E.D.Cal.1996, 191 B.R. 838.

Note: The information contained in this article is not legal advice and does not establish an attorney-client relationship. Our contact information is included and we always offer a free consultation. For more information about the FORECLOSURES, NOTICE OF DEFAULT, QUIET TITLE and/or other areas of REAL ESTATE law, please visit http://www.AdishianLaw.com/, contact us via email to askalg@adishianlaw.com or call us at 415.955.0888 or 310.726.0888. Copyright ALG 2009.

Adishian Law Group Newsletter (October 2007)

2007-10-03T12:34:00.000-07:00

(edited, originally published October 2007)

Headnotes....

New: Mediation and Arbitration Services. Chris Adishian recently served as Head Arbitrator on a three arbitrator panel that presided over a nearly $250,000 attorney-client fee dispute. If you have a business, real estate or legal matter where you believe mediation or arbitration would be worthwhile, we encourage you to contact our office. Our rates our competitive and we can provide single or multiple conference room configurations as requested by the parties.

Acquiring Law Practices. We are always looking to acquire law firms focused on our core areas of Corporate, Employment and Real Estate. If you or someone you know is looking to retire or sell their practice, we are interested in talking with them.

New: Adishian Capital. Adishian Capital is a licensed California Real Estate Broker. We are currently managing a portfolio of nearly 70 residential income units and are looking to expand. We offer sophisticated management professional reporting and competitive fee structures using state of the art software. If we can be of service to you in the management or in the sale of your commercial or income property, please contact us directly.

Real Life Legalese. "I further understand that snorkeling and swimming in a floating shark cage has inherent risks and dangers and that such risks cannot be eliminated without jeopardizing the essential qualities of the activity...." Excerpt from the liability waiver we signed before climbing into an uncovered floating cage 3 miles off of Oahu's North shore in order to meet the true locals up close and personal.

Corporate Law Update

To date, we have advised over 40 corporate clients and we continue to build our practice representing top entrepreneurs, emerging companies and privately-held corporations. Recent client engagements include: (1) Formation of a professional corporation; (2) LLC formation and (3) recurring general counsel work for existing corporate clients.

We offer corporate or LLC formation packages designed for entrepreneurs at a great flat rate value. In addition, we also have our corporate resources page, located here ALG, PC Corporate Resource Links.

If you or your clients have an idea, and are ready to run with it, please contact us at askalg@adishianlaw.com to schedule a free, no obligation consultation.

Real Estate Law Update

We have a full service real estate practice, representing buyers, sellers and developers in real estate transactions and financings, as well as representing clients involved in real estate disputes in a variety of forums including mediation, arbitration and civil litigation. Representative recent client engagements include: (1) Commercial Leasing; (2) Ongoing Landlord advisory services; (3) Condominiums; (4) Property Management and (4) evaluation of potential 1031 exchanges.

We also recommend that you visit our own real estate resources page, located here ALG, PC Real Estate Resource Links.

When you have your next real estate issue, whether it is a L-T issue, Borker-client dispute, pending litigation, mediation, arbitration, a new development, upcoming transaction, need capital or simply want to sell an asset, contact us via askalg@adishianlaw.com for a free, no obligation consultation.

Executive-Level Wrongful Termination Law Update

Representing talented, highly compensated corporate professionals (Company Founders, Investment Bankers, Sales Managers and "C-Suite" executives) throughout the state continues to be a core piece of our practice. Many of our clients are top performers in their chosen professions. Simply put, we represent top corporate talent in high-stakes litigation against some of the largest corporations and law firms in the country. Representative active cases include:

We are litigating against The DirecTV Group, the world's largest satellite television provider.

We are litigating against Pfizer, the world's largest pharmaceutical company.
To learn more about our Executive Level Wrongful Termination practice, please visit our revamped Employment Law page.

We also recommend our own corporate resources page, located here ALG, PC Employment Law Resource Links.

If you or someone you know could benefit from our services, please contact us at askalg@adishianlaw.com for a free consultation.

The ALG Difference

Our practice grows through relationships and referrals. Since inception, we have grown to over 110 client engagements. Our points of differentiation are:

(1) We are professionals, striving always to deliver the highest level of client service in a trusted, confidential manner;
(2) Our clients are exceptional individuals, families and companies who are achievers in their chosen fields and value our services;
(3) We serve as "hub" or "point of presence", providing a single point of contact for all of clients' legal needs relating to the great state of California --- every client has access to, and benefits from, our trusted, proven network of talented professionals and other resources;
(4) We are technology-forward, leveraging the latest technology to deliver our legal services in the most efficient manner;
(5) We provide direct attorney involvement on every client matter, supplemented as appropriate by staff;
(6) We provide highly personalized, responsive service to our clients -- clients have twenty-four hour access to our attorneys and staff;
(7) We are international, advising overseas clients on inbound activities and advising California clients on outbound activities in foreign jurisdictions; and
(8) We generate creative solutions founded on our practical knowledge of what works and what does not work

In short, we act quickly, and when you need us, we are on the ground with you....wherever you may need us. Simply pick up the phone.

Related Services

Financial Consulting and Advisory

Professional Introductions

Legal research

Company/Individual background checks

Asset verification/debt collection

Conference room access in Los Angeles and San Francisco
Thank you for your ongoing support, and Go Bears!

Regards,

ADISHIAN LAW GROUP, P.C.
Southern California
Pacific Corporate Towers
222 N. Sepulveda Blvd., Suite 2000
El Segundo, California 90245
P: 310.726.0888
F: 866.350.0888

Northern California
One Market
Spear Tower, Suite 3600
San Francisco, California 94105
P: 415.955.0888
F: 866.350.0888
Web: http://www.AdishianLaw.com
Skype: ALG-PC

Adishian Law Group Newsletter (June 2011)

2007-06-27T11:52:00.000-07:00

(edited, originally published June 2011)

Headnotes....

New @ ALG.

LinkedIn (NASDAQ: LNKD) recognized Chris Adishian as a tech "early adopter" -- as he was among the first .28%** worldwide to use the LinkedIn Service (**now at 100M+). http://bit.ly/eZa0iH. No pre-IPO shares were included in the envelope...
New Blog Article: "Did Your MBO Become an 'MB-No!'"? http://bit.ly/luIUfW
New Blog Article: "Are Stock Options Wages Under California Law?" http://bit.ly/kJeGYv

An Active Quarter. During a recent stretch, we represented clients in 3 separate mediations over 18 days. One of the mediations occurred "pre-filing" (that is, before filing a complaint in civil court or arbitration), one of the mediations was an "attorneys-only" mediation held after filing a complaint in arbitration and the third mediation was held after substantial litigation in civil court spanning more than one year. While each of the three matters took a different path to mediation, we are proud to report that the commonality was that all three mediations led directly to favorable resolutions for our clients.

We Now Offer Mediation Services. In addition to our other services, Chris Adishian is available to serve as Mediator for your corporate, business or real estate disputes. Mediations can be held at our offices (we have two full size conference rooms) or at another agreed upon location. Current rates are $375 per hour, with a half day minimum. While litigation remains a useful and often necessary means of resolving some disputes, or getting a dispute ready for resolution, a trial to judgment is only one way to resolve a dispute. If you are ready to explore settlement without spending more money and time to get to a trial, call us.

Chris Adishian recently mediated to resolution a long-running dispute involving a condominium owner's claims against his neighbor's insurance company, and the HOA's insurance company
Please visit http://www.adishianlaw.com/index.php/results/arbitration-and-mediation for more information

If you would like to have Chris Adishian serve as a private Mediator in your dispute, please contact our office at 310.726.0888 or 415.955.0888 to clear dates.

Recommended Reading. For those working (or formerly working) in Corporate America: "Dead Suit Walking: If this isn't the Great Depression, it is the Great Humbling. Can Manhood Survive the Lost Decade?" http://bit.ly/i2ZDtn.

Consider Making a Donation to the Red Cross Today. Our military families, as well as people affected by the recent Tornadoes, Floods and the Japan earthquake all need assistance.http://bit.ly/8AjbIl.

We're looking for high quality -- veteran contract attorneys, paralegals, law clerks and interns.
If you or someone you know is an experienced attorney in the areas of corporate, employment and/or real estate law, please submit a resume, cover letter and three references toinfo@adishianlaw.com. Please visit http://www.adishianlaw.com/index.php/the-practice/careers for additional information. No phone calls please.

Real Estate Law Update

We have a full service real estate practice representing investors, owner-operators, buyers, sellers and developers in real estate transactions, operations and financings, as well as representing them in real estate disputes in a variety of forums including mediation, arbitration and civil litigation. Our real estate practice has been very active over the last 8-12 months.

Following are some of our recent and active real estate matters. If these look or sound like something you or someone in your network are experiencing, give us a call:

Obtained a mid-five-figure "Confession of Judgment" against a former commercial tenant who had breached his lease by abandoning the premises;

Defended corporate client commercial sub-tenant threatened with a sudden eviction based on default of master tenant, and was able to negotiate a reasonable transition period, thereby avoiding business interruption and allowing time for a new lease to be negotiated with the Landlord;

Represented Purchaser of luxury home in a boundary dispute ("failure to disclose") action against Seller -- settled at mediation in six figures with no complaint filed;

Negotiated a five year commercial lease with option to purchase on a multi-million dollar property;

Drafting refinance package for existing residential income property;

Class action: Representing putative class against lender and related servicer that are demanding fees, penalties and interest in apparent violation of California law;

Acquisition of prime commercial land (land alone valued at $1,500,000+) via a complex multi-party transaction, including Sec. 1031 exchange, seller carryback financing and subordination utilizing three escrows

Commercial unlawful detainer, default judgment, $165,000+

Commercial unlawful detainer, stipulated judgment, $43,000+

Commercial unlawful detainer, default judgment for possession granted, monetary judgment pending.

Commercial lease abandonment (CCP 1951.2 pending Arbitration) $175,000+

Residential Real Estate Market Review: The residential income market is rebounding with steady tenant demand in certain areas driven by a variety of factors including (a) widespread foreclosures moving people out of homes and into the rental market; (b) demand for better school districts for those tenants raising families.

We believe that we remain in the down part of the real estate cycle, which is the better time to invest for the long term, and there are attractive opportunities in larger apartment complexes (20 units +). These opportunities often make sense for small groups (1-6) of investors with a long term horizon. If you are considering a long term investment in real estate, we strongly encourage you to contact an attorney and your CPA before committing capital.

Commercial Real Estate Market Review: As you can see, landlords have started to move against delinquent tenants with sub-par businesses. The commercial market remains challenging for landlords of office and strip malls. As the future rental streams (associated with weaker commercial tenants whose businesses failed), the commercial real estate bubble (supported by these overly optimistic rental streams) will start to deflate. It remains to be seen how quickly this collapse will happen and whether or not the next wave of entrepreneurs will absorb the commercial vacancies before the banks move to foreclose on commercial landlords. As we stated last summer, "Landlords holding lower quality locations with non-branded, non-chain tenants are suffering prolonged vacancies due to few new business starts and excess supply on the market."

For an updated list of representative projects and transactions, please visit our Real Estate Results Page.

We also recommend that you visit our own real estate resources page, located here Real Estate Resources Links.

When you have your next real estate issue, whether it is a L-T issue, Broker-client dispute, pending litigation, mediation, arbitration, a new development, upcoming transaction, need capital or simply want to sell an asset, contact us via askalg@adishianlaw.com for a free, no obligation consultation.

Executive-Level Wrongful Termination Law Update

Representing talented, highly compensated corporate professionals (e.g. "C-Suite" executives, Company Founders, Investment Bankers, Sales Managers, and Sales Representatives) throughout California continues to be a core piece of our practice. Many of our clients are leading performers in their chosen professions. We represent top corporate talent in high-stakes litigation against some of the largest corporations and law firms in the country. We also regularly advise senior level executives in negotiating their employment agreements.

An excerpt from the "Dead Suit Walking" summarizes the current challenges: "Through the first quarter of 2011, nearly 600,000 college-educated white men ages 35 to 64 were unemployed, according to previously unpublished Labor Department stats. That's more than 5 percent jobless—double the group's pre-recession rate. That might not sound bad compared with the plight of younger, less-educated workers and minorities, but it's a historic change from the last recession, when about half as many lost their oxford shirts."

Following are some of our current and past representative employment matters. If these look or sound like something you or someone in your network are experiencing, give us a call:

Representing principal whose firm was acquired, followed by his termination

Representing VP level client, a long term employee alleging wrongful termination in advance of scheduled RIF, in an attempt to avoid paying his six-figure severance

Representing regional sales rep in claims for unpaid commissions

Represented executive level client terminated from employer 6 months after relocating to California -- settled without filing

Represented a highly compensated sales representative in a large mid-six-figure bonus / commission dispute - settled without filing

Represented a female, former sales rep for large wholesaler alleging sexual harassment and gender discrimination, based on a hostile work environment including sexually explicit emails and photos emailed to her by males

Labor Market Review: As of April 2011, the California EDD reports that nationwide unemployment dipped slightly to 9.0%, while California's statewide unemployment was 11.9%, which is a slight improvement but still substantially higher than the U.S. average and about even with August 2009! The data remains highly regionalized. For example, Silicon Valley (San Mateo and Santa Clara), checking in at 8.2% and 9.9% respectively, with even lower unemployment rates in selected cities like Palo Alto 5.3%, Mountain View 7.3%, Cupertino 6.8% all with strong VC presence. On the other hand, Los Angeles county is 11.8%, and Colusa (21.1%), Imperial (27.9%) Sutter (21.4%) are all over 20%! Marin County had the lowest County unemployment rate at 7.6%.

If you have been wrongfully terminated, you must do everything you can do to protect your individual economic well being, as well as your family's economic well being as the job market remains at historically bad levels even for those with excellent education, experience and proven abilities.

If you have lost your job, regardless of your employment level, you clearly are not alone. We encourage you to visit our Labor Law Blog to learn what steps we recommend that you take if you have been fired or laid off. The tough news is that no quick substantive exit from the recession is apparent, but the good news is that there are definitely steps that you can take to help you get through this difficult economic environment.

We also recommend our own Labor and Employment resources page, located here Employment Law Resources.

For an updated list of representative client matters, please visit Employment Results.

If you or someone you know could benefit from our services, or has a fact pattern similar to the above, please contact us at askalg@adishianlaw.com for a free consultation.

Corporate Law Update

We continue to build our corporate practice of representing top entrepreneurs and serving as general counsel for emerging companies and privately-held corporations across a range of industries from high-tech to low-tech. Ideal clients include start-ups and privately held, growth companies with $10M - $50M in revenue.

Following are some of our recent and active corporate matters. If these look or sound like something you or someone in your network are experiencing, give us a call:

Ongoing, broad-based, general counsel work for existing clients (litigation defense strategy, contracts, joint venture agreements, licensing, marketing agreements, employment matters, real estate matters, board meetings and general compliance, etc.)

Advising owner of established medical practice with respect to adding a new physician to facility

Advised minority shareholder/employee in successful negotiated sale of membership interest while preserving ability to launch new business

Advised corporate client with regard to potential multi-million dollar roll up transaction

Drafted and served inspection demand on a publicly traded company

Represented client with respect to threatened breach of licensing agreement by licensee, which resulted in licensee making full payment

LLC formations for real estate development, financial consulting and business start-ups

For an updated list of representative projects and transactions, please visit our Corporate Transactions Page.

In addition, we also provide a free corporate resources page, located here ALG, P.C. Corporate Resource Links.

Our flat rate corporate or LLC formation package is a great value for start-ups. If you or your clients have an idea, and are ready to run with it, please contact us at askalg@adishianlaw.com to schedule a free, no obligation consultation.

The ALG, P.C. Difference

Our practice grows through relationships and referrals. Our points of differentiation are:

Professional Service. We are professionals, striving always to deliver the highest level of client service in a trusted, effective manner;

Representing Leaders. Our clients are exceptional individuals, families and companies who are achievers in their chosen fields and value our services;

Trusted, Proven Network. We also serve as "network hub", providing our clients with a single point of contact for all of their legal needs relating to the great state of California. In terms of scale, LinkedIn calculates that our 2nd level network is over 127,300 individuals, and that our 3rd level network is over 5,356,300 individuals. Every client has access to, and benefits from, our trusted, proven network of talented professionals and other firm resources.

Technology Forward. We are technology-forward, leveraging the latest technology to deliver our legal services in the most efficient manner;

Direct Attorney Involvement. We provide direct attorney involvement on every client matter, supplemented as appropriate by staff;

Personalized, 24 hour access. We provide highly personalized, responsive service to our clients -- clients have twenty-four hour access to our attorneys and staff;

International and Cross-Border Experience. We are international, advising overseas clients on inbound activities and advising California clients on outbound activities in foreign jurisdictions; and

Solutions Focused. We generate creative solutions founded on our practical knowledge of what works and what does not work.

In short, we act quickly, and when you need us, we are on the ground with you....wherever you may need us. Simply pick up the phone.

Related Services

Attorney Referrals. We continue to add quality attorneys to our referral network, so even if your legal needs fall outside our core practice areas, your first call should still be to us. If we cannot help you directly, chances are we have a relationship with a high-quality attorney or law firms in that area of law. Our network of attorneys covers the areas of personal injury, estate planning, class actions, immigration, family law, divorce and criminal.

Real Estate Brokerage: Property Management Services. Adishian Capital offers full service property management for properties in Los Angeles County and San Francisco County.

Conference room access in Los Angeles and San Francisco

Professional Introductions

Company/Individual background checks

Asset verification/Commercial debt collection

Thank you for your ongoing support, and Go Bears!

Regards,

ADISHIAN LAW GROUP, P.C.
Southern California
Pacific Corporate Towers
222 N. Sepulveda Blvd., Suite 2000
El Segundo, California 90245
P: 310.726.0888
F: 866.350.0888

Northern California
One Market
Spear Tower, Suite 3600
San Francisco, California 94105
P: 415.955.0888
F: 866.350.0888
Web: http://www.AdishianLaw.com
Skype: ALG-PC

The Law of Fixtures

2007-04-11T16:51:00.000-07:00

The typical fact pattern arises when a tenant during the course of his tenancy adds various items to the leased premises. Do these items belong to the tenant or to the landlord? Can the tenant remove these items when the lease is terminated?

The first question is whether the item is a fixture. Second, assuming an item is a fixture, at issue is whether it qualifies as a trade fixture. The law for determining if an item is a fixture is codified in Cal. Civ. Code § 660. “A thing is deemed to be affixed to land when it is attached to it by roots . . . or imbedded in it . . . ; or permanently resting upon it as in the case of buildings . . .; or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws . . . . “ However, in analyzing whether or not a given item is a fixture, California courts do not rely exclusively on the characterization set forth in § 660. Rather, the courts look a number of factors, most importantly intent.

Once property is characterized as a fixture it ceases to be personal property and becomes part of the landlord’s property: “When a person affixes his property to the land of another, without an agreement permitting him to remove it, the thing affixed, except as otherwise provided in this chapter, belongs to the owner of the land, unless . . . the [tenant] elects to exercise the right of removal provided for in Section 1013.5 of this chapter.”

Large commercial tenants can spend hundreds of thousands of dollars on their leased space on the expectation that they own such "improvements." Similarly, landlords can often legitimately receive the ownership and long term benefits of a tenant's capital investments without spending any money. The determination of whether an item is a fixture can have significant financial impact.

Note: The information contained is not legal advice and does not establish an attorney-client relationship. Our contact information is included and we always offer a free consultation. For more information about the ELLIS ACT, UNLAWFUL DETAINER, and/or other areas of REAL ESTATE law, please visit http://www.AdishianLaw.com/, contact us via email to askalg@adishianlaw.com or call us at 415.955.0888 or 310.726.0888. Copyright ALG 2007.

When Is Notice Effective?

2007-03-26T18:56:00.000-07:00

Real estate law, particularly Landlord-Tenant relationships are loaded with notice requirements. Some examples are notices to renew or extend in a commercial lease. A simple notice clause in commercial leases is in fact not as straightforward as it may seem.

The law distinguishes "Given or Sent" from "Delivered or Received"
“The Agreement required that all notices be ‘given’ – not ‘delivered’ or ‘received’. The same paragraph provides that notice be ‘sent’ by registered mail, thus equating ‘sent’ with ‘given’, and emphasizing the lack of requirement for actual delivery. Estate of Crossman, 231 Cal.App 2d 370, 373.” Palo Alto Town & Country Village, Inc. v. BBTC Company , 11 Cal.3d 494, ¶21

The choice of language can be determinative, for example, in the all too common case of notice (renewal, extension, etc.) that is lost in the mail. Under "given or sent" language and interpretation, a notice mailed is sufficient...even if never received, which seems to contradict the very essence of notice, and yet does give effect to the true intent of the parties if it can be proven that notice was in facts "sent." However, under "delivered or received" language, on the very same facts, the party that mailed the notice that was lost in the mail will be deemed to have not delivered notice, because notice was in fact never received by the intended party.

These are just two wrinkles that can arise in the relatively mundane notice clause of a commercial lease. However, they are important because effective or ineffective notice can drastically alter the economic relationship between the parties.

The information contained is not legal advice and does not establish an attorney-client relationship. Our contact information is included and we always offer a free consultation. For more information about the LANDLORD/TENANT LAW, NOTICE REQUIREMENTS, and/or other areas of REAL ESTATE law, please visit http://www.AdishianLaw.com/, contact us via email to askalg@adishianlaw.com or call us at 415.955.0888 or 310.726.0888. Copyright ALG, P.C. 2007.

What the “Ellis” Going On Here?

2007-03-06T17:07:00.000-08:00

Are you a landlord with an apartment in the rental market?Are you looking to do something with your property other than rent it? Are you a tenant who rents an apartment in California? Have you been evicted? In evicting you, did your landlord invoke the Ellis Act? What is the Ellis Act and when can a landlord invoke it? What are your rights as a tenant?

The “Ellis Act” (California Government Code §7060-7060.7; modified by San Francisco Rent Ordinance Section 37.9A et. seq.) allows apartment landlords to evict legally all of their tenants, when the landlord has the express purpose of removing his or her property from the rental market. It provides landlords, who no longer wish to have their property in the rental market, a reasonable exit. In practice, landlords often utilize Ellis Act eviction to put up their properties for sale “free and clear” of any tenant issues or to convert their properties into condominiums to be resold at higher values. Some landlords however, misuse the Ellis Act, as a means to eliminate problem tenants.

The Ellis Act does not allow landlords to pick and choose tenants to be evicted. Even if a landlord has an “unprofitable” tenant (i.e. the tenant has a lower rental rate versus other tenants), or an “unprofitable” unit (i.e. the unit has a lower rental rate versus other units), the landlord cannot single them out and invoke the Ellis Act only on said tenants and/or units, respectively. If the landlord decides to invoke the Ellis Act, all tenants from all units in the property must be evicted.

When it was first introduced in 1998 many landlords abused the Ellis Act, evicting hundreds and hundreds of “below market” tenants. The result was that many low-income tenants were evicted and left stuck in between a rock and a hard place. Not only could they not afford the high costs of an attorney to fight the Ellis Act eviction, they were faced with the difficult and expensive task of relocation (packing, searching for a new place, moving and then settling into their new residence).

To combat these perceived abuses, the San Francisco Rent Board passed laws to offset some of the burdens of the Ellis Act by requiring relocation payments to certain categories of tenants. For instance, under San Francisco Rent Ordinance Section 37.9A(e)(1), landlords must pay “low-income tenants”, as defined in California Health and Safety Code §50079.5, $4,500 in relocation costs. The “low income” test appears to be defined on a “unit by unit” basis but is somewhat ambiguous, arguably it could be on a “tenant by tenant” basis. Second, under San Francisco Rent Ordinance Section 37.9A(e)(3), landlords must pay $3,000 to tenants who are mentally or physically disabled, as defined in California Government Code §12955.3, or 62 years of age or older. The section 37.9A(e)(3) tests and its associated payments are clearly on a “tenant by tenant” basis.

Whether you are planning a legitimate Ellis Act eviction or you have been served notice of a pending Ellis Act eviction, we recommend that you take advantage of our free consultation right away. As a landlord, this is an area fraught with procedural landmines that can cost even the most careful landlord unanticipated delays, thousands of dollars in legal fees, lost rent and additional settlements. As a tenant, you will need representation to become aware of your rights.

Note: ALG has successfully represented cleints being evicted based on the Ellis Act. The information contained is not legal advice and does not establish an attorney-client relationship. Our contact information is included and we always offer a free consultation. For more information about the ELLIS ACT, UNLAWFUL DETAINER, and/or other areas of REAL ESTATE law, please visit http://www.AdishianLaw.com/, contact us via email to askalg@adishianlaw.com or call us at 415.955.0888 or 310.726.0888. ALG intern Jonathan Tam contributed to this article. Copyright ALG 2005.