Every spring, usually on the first weekend of good weather, I rush to the local nursery and spend what feels like a week’s worth of wages on new plants, soil, fertilizer, and irrigation lines. I can’t wait to get the...more
Spring is here! We finally have warmer weather, longer days, and the prospect of weekend plans not getting ruined by rain. If you’re anything like me, you were ready for the turn of the season after a very wet winter. What I...more
With the turn of the year comes ill-fated resolutions, needed but annoying rain, and a slew of new legislative enactments coming into effect. While commercial real estate is not typically a hotbed for legislative activity,...more
As a transactional lawyer, I’ve always found a special delight when the occasion arises to use one of my favorite sayings: “The pen is mightier than the sword.” It provides a certain level of self-importance that...more
In protracted contract negotiations, many clients become dismayed when a deal they thought had been agreed in a letter of intent is suddenly the subject of contentious exchanges between the parties and their counsel. The...more
“Let’s leave that to the lawyers.” It’s a familiar refrain that I hear often as contract negotiations drag on between parties. After the primary deal points in a contract have been agreed upon, many clients believe that the...more
To kick off our 2022 newsletter season (and hopefully in better fashion than the Sacramento Kings), we thought it would be helpful to summarize a few of California’s noteworthy new-for-2022 laws....more
1/28/2022
/ California ,
Construction Project ,
Gender Neutral ,
Infrastructure ,
Land Developers ,
Methane ,
Minimum Wage ,
Municipalities ,
New Legislation ,
Real Estate Development ,
Regulatory Reform ,
Retail Market ,
Subdivision ,
Urban Planning & Development ,
Wage and Hour ,
Waste Disposal ,
Zoning Laws
Despite a global pandemic and a bingo-card full of natural disasters and calamities, the commercial real estate market has been extremely active over the past two years. While there are some signs that activity will be less...more
Fires have played a major role in the history of California. Not only have these disasters repeatedly left a trail of devastation through the State’s forests and other natural areas, but recent fires have been noteworthy in...more
Over the last eighteen months, we have been forced to devote significant resources to interpreting how largely-forgotten legal doctrines apply to real estate contracts in a post-COVID world. These principles, including force...more
Since the start of the COVID-19 health crisis, we have been approached by both landlord and tenant clients asking how COVID affects their leasehold obligations. While we have generally encouraged our clients to approach these...more
When in the throes of protracted lease negotiations, frustrated clients often ask me whether a proposed term is truly necessary to the contemplated transaction. Most clients start these discussions with the goal of achieving...more
4/6/2021
/ Business Closures ,
Business Interruption ,
Chapter 11 ,
Commercial Bankruptcy ,
Commercial Leases ,
Coronavirus/COVID-19 ,
Executive Orders ,
Force Majeure Clause ,
Landlords ,
Leases ,
Rent
In our last update, we highlighted a recent case out of the US District Court of Missouri (Studio 417) in which the court issued a preliminary ruling that allowed a group of policyholders to proceed with claims against their...more
Many businesses affected by COVID-19 and the related shelter-in-place orders are turning to their business interruption insurance policies in hope of finding relief. In general terms, a business interruption insurance policy...more
While the effects of the COVID-19 health crisis have impacted daily life for months, the legal implications of this pandemic are just starting to develop. Unforeseen conditions often wreak havoc on existing contractual...more
Unlike the Great Recession in 2008, landlords and tenants responding to the negative economic impact of the COVID-19 health crisis appear to be focusing more on rent relief as opposed to strict interpretation and enforcement....more
Over the past several months, the COVID-19 health crisis has affected everyday life by a magnitude that is hard to fathom. Routine tasks, such as going to the grocery store or walking the dog, suddenly necessitate precautions...more
6/5/2020
/ Abatement ,
Burden of Proof ,
Commercial Leases ,
Coronavirus/COVID-19 ,
Extensions ,
Landlords ,
Paycheck Protection Program (PPP) ,
Rental Income ,
Residential Leases ,
State of Emergency ,
Tenants
As you may know, late last year, California Governor Jerry Brown signed Assembly Bill 2343, which changes the long-standing notice requirements that apply before a landlord can pursue an unlawful detainer action against a...more
9/5/2019
/ Amended Rules ,
Breach of Contract ,
Cal Code of Civil Procedure ,
Commercial Leases ,
Eviction ,
Exclusions ,
Governor Brown ,
Landlords ,
Notice Requirements ,
Residential Leases ,
Right To Cure ,
Tenants ,
Unlawful Detainer