A three-judge panel for the U.S. Court of Appeals for the Ninth Circuit on Aug. 25, 2021, upheld the City of Los Angeles' current residential eviction moratorium – first enacted by the City Council in 2020 as an emergency...more
The Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 - To address what is expected to be an overwhelming number of residential evictions resulting from the COVID-19 pandemic and associated...more
On August 31, 2020, California Governor Gavin Newsom signed an eviction protection law that significantly amends the long-standing procedures for initiating and prosecuting residential unlawful detainer actions based on...more
The California Judicial Council’s emergency rules staying evictions and judicial foreclosures are coming to an end. On March 27, 2020, the Governor of California issued executive order N-38-20, giving the Judicial Council...more
On August 13, 2020, the Judicial Council of California (a body representing the California State Courts) voted to allow two previously enacted emergency rules, one halting evictions and the other halting foreclosures, to...more
In the wake of government-ordered moratoriums on commercial tenant evictions, how does a California commercial tenant’s security deposit come into play as an available landlord remedy for a lease default? Commercial lease...more
Recent COVID-19-related orders from state and local authorities which restrict evictions raise important questions for commercial landlords and tenants. The relationship of these orders to a subsequent tenant bankruptcy is...more
The Judicial Council of California adopted 11 temporary emergency rules in response to the COVID-19 pandemic affecting eviction proceedings, judicial foreclosures, and statutes of limitations for civil causes of actions,...more
Bail, Evictions, Remote Hearings and Depositions and Statutes of Limitation Rule Changes - The California Judicial Council, the rule-making arm of the California court system, adopted several important statewide rules at...more
The California Judicial Council met April 6, 2020 to vote on certain emergency measures regarding unlawful detainer actions. ...more
In the wake of the Supreme Court of Virginia’s decision in Parrish v. Fed. Nat’l Mortg. Ass’n, 292 Va. 44, 787 S.E.2d 116 (2016), foreclosure purchasers have faced increasing difficulty evicting borrowers who remain in the...more
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
[author: Jana Contreras] “If a tree falls in the forest with no ears to hear does it make a sound?” While the answer to that riddle still remains elusive to many, a recent California court of appeal decision did succeed in...more
When a commercial lease tenant experiences the joy of a sewer line backup, which causes raw sewage to flow from all of the sinks on the premises and contaminates the tenant’s business equipment, it is not shocking for the...more
Below is our annual update on legislative changes impacting the real estate industry. All common interest communities are based on a foundation of real estate law, and thus changes to these laws can often impact common...more
Unlawful Detainer Appeals Process Creates Uncertainty for Landlords - The California Court of Appeal decided the case of Beach Break Equities, LLC v. Martin Lowell on Nov. 22, 2016, and released it for publication on...more
Knowing Local Laws and Rights for Short-Term Rental Success - Services such as Airbnb and VRBO offer service-sharing alternatives to traditional hotels and rentals. Indeed, these online platforms now provide a...more
Imagine that you live in Colorado, but own a vacation home in California. You love California, but are only able to visit once a year during the summer, while your kids are on vacation from school. Typically you and your...more