On April 12, 2012, the California Supreme Court finally issued a long awaited decision in the seminal case of Brinker Restaurant v. Sup. Ct. (Hohnbaum), (Cal. Sup. Ct., April 12, 2012) (Case No. S166350) 2012 Cal. LEXIS 3149 and ruled that while California workers have a legal right to take their rest and meal breaks […]
Construction Litigation and City Zoning Restrictions News in California
For my second discussion in this series about recent cases dealing with real estate law in California decided by the California Court of Appeal I wanted to mention these two decisions from the Fourth District, Division Three, and Fifth District in California—one involving construction litigation and the other involving city zoning restrictions. YOU SPOT ZONE […]
California Real Estate Law News
Recently, at the conclusion of last year, 2011, California courts issued a number of important rulings in the area of real estate litigation. Let me briefly mention the first two here and next week I will provide a synopsis of the other two worthy of your consideration. The first two I want to profile for […]
New Real Estate Laws That Protect California Homeowners, Buyers and Tenants in 2012
Condo Rentals Starting January 1, owners of units in a common-interest development, usually a condominium, must be allowed to rent or lease their units unless it was restricted before they took ownership. Senate Bill 150 was designed to counter new homeowner association (“HOA”) rules put in place to stem the tide of tenant-occupied properties. It […]
How to Know if You Have a Sexual Harassment Claim
Recently, two Courts of Appeal in California weighed in on the issue of sexual harassment—the Fourth District, Division Three and Second Division, Division Four—both deciding differently on the issue. With a divided court, in the Fourth District matter, (Brennan v. Townsend & O’Leary (Cal. App. Fourth Dist., Div. 3; October 18, 2011) 199 Cal.App.4th 1336) […]
TWO DEEDS OF TRUST; NEITHER WAS RECORDED FIRST—A PRIMER IN THE LAW OF PRIORITIES, OR CALIFORNIA’S “RACE-NOTICE” STATUTES.
Who is First In Right when two deeds of trust that secured the same real property, were simultaneously time-stamped for recording, but, indexed at different times? In First Bank v. East West Bank (October 17, 2011) 199 Cal.App.4th 1309, the Second District Court of Appeal Division Three concluded the lenders have equal priority. In the […]
Health Care Reform—More Colloquially Known As “ObamaCare.”*
The Court granted review in three of the petitions that are currently pending before it to review the litigation over the constitutionality of the Patient Protection and Affordable Care Act (ACA) – also known more simply as “health care reform,” or more colloquially as “ObamaCare.” The Supreme Court set aside a whopping five-and-a-half hours of […]
Riverside Family Law Attorney – New Website
Whether you need a Divorce Attorney in Riverside or Child Custody Lawyer in San Bernardino, the Mellor Law Firm has attorneys that have a combined 40 plus years of experience to help you get the results you searching for. With the development of their new Riverside Law Firm website, the Mellor Law Firm has also […]
Law Against Short Sale Deficiencies Expanded
In a major victory for Homeowners facing the loss of their homes, Governor Brown signed into law today, Senate Bill 458, prohibiting a deficiency after a short sale for one-to-four residential units, regardless of whether the lender is a senior, or junior lienholder. Effective immediately for transactions closing escrow from this day forward, both senior […]
California Real Estate Law – New Homebuyer Tax Credit
In an effort to stimulate the economy, California is offering first-time homebuyers up to $10,000 in state tax credits. Two different types of homebuyer credit are available: credits for first-time homebuyers and credits for homebuyers opting for new homes. The credits are alternative credits, such that a homebuyer qualifying for both must choose one or […]