August 17, 2022
The Court of Appeals: No to an Exclusive Implied Easement But Yes to an Exclusive Equitable Easement The California Court of Appeals has, it seems to me, muddled the law of boundaries and easements in their latest decision. In Romero v. Shih (2022) 78 Cal.App.5th …
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Then there are those crazy potential clients who call and argue with you. Lady owns land subject to a non-exclusive easement–or she has the easement–she’s not sure. She wants to file a temporary restraining order against her neighbors and have the judge rule that she …
Read MoreRight of First Refusal in California Leases. It must be set forth in the contract and even then only arises if the owner decides to sell. But if the owner decides to sell and gets a bona fide offer from a 3rd party, the right …
Read MorePotential clients wanted to get out of a purchase contract because there was a 5G cell transmitter on a nearby telephone pole. They had waived their contingencies but insisted that Seller failed to disclose the transmitter. The question is: What do you need to disclose? …
Read MoreI received a call from a husband and wife (both attorneys). They had waived their contingencies but felt they had a 3-day period in which to cancel after certain disclosures. But they didn’t want to cancel in case the Seller tried to keep their $100K …
Read MoreA potential client owns a retail store in a shopping center in DTLA. He renewed his lease in November but now the landlord has notified him that they are closing the center entrance next to his store for 2 years of construction. He is worried …
Read MoreSome potential clients question whether an oral contract is even enforceable. (Yes, they are). The same goes for partnerships–there is no requirement that there be a written partnership agreement. In fact many partnerships are based on a handshake or just a history of behavior. Of …
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