We are all experiencing the challenges of the Covid-19 outbreak and the varying levels of shelter-in-place orders issued by local, state and federal government. The Contra Costa County and greater Bay Area order can be found here https://cchealth.org/coronavirus/pdf/HO-COVID19-SIP-0316-2020.pdf and the State order here https://covid19.ca.gov/stay-home-except-for-essential-needs/ Chris and Nick continue to serve the clients of Roscha &…

Entity Ownership of Real Property, Change in Ownership and Reassessment for Property Taxes Over the years many people have transferred ownership of California real property to corporations and limited liability companies. While owning and operating real property held in a corporation or LLC can make sense and be beneficial for a variety of reasons, including…

It’s that time of year again…while there are hundreds of new laws slated to take effect beginning on January 1, 2020 in California, I’ve attached a link to a well-crafted summary of those laws affecting various real estate issues below. Happy Holidays! Chris https://www.car.org/en/riskmanagement/qa/New-Laws/2020-New-Laws

When drafting settlement agreements and releases, some practitioners just pull up old forms or cut and paste release language from prior agreements into the new document. Many times, this includes a waiver of Civil Code section 1542, which is the Civil Code section that states that a general release does not include unknown claims. If…

Commercial landlords and tenants are likely familiar with Civil Code section 1951.3, which allowed a landlord to trigger lease termination due to tenant abandonment based on a written Notice of Belief of Abandonment. The Notice could only be served if rent was due and unpaid for 14 consecutive days, and then the termination date of…

Interesting read recently in the San Francisco Chronicle about a large-scale residential development that was just completed adjacent to the MacArthur BART station in Oakland. I found the reference to BART’s recent “philosophical shift” concerning the propensity for allowing high density residential development illuminating, particularly given the ever-intensifying focus on finding sustainable housing solutions in…

Recently, Governor Jerry Brown signed into law Assembly Bill 2343, which amended Sections 1161 and 1167 of the California Code of Civil Procedure to give tenants more time to respond to notices and summons in connection with unlawful detainer (eviction) proceedings. The bill amends the statutes to extend a tenant’s 3-day response periods in an…

For commercial property owners in California, the recent amendment of California Civil Code Sections 1993.04 and 1993.07 is a welcome development. The problem surrounding tenants who vacate commercial properties and leave substantial personal property behind has long been a source of aggravation for landlords. Under the new laws, the threshold for keeping, selling, or destroying…

California law has changed once again, and now employers with five or more employees (including seasonal or temporary employees) must provide 2 hours of sexual harassment prevention training for supervisory employees and 1 hour of such training to non-supervisory employees. The training must be completed by January 1, 2010, and then once every 2 years…

While most of the “new laws” compilations are surface level and generally unhelpful, I found this summary of new laws that went into effect in California as of January 1, 2019 that impact the real estate industry to be especially well done and a great resource. https://www.car.org/en/riskmanagement/qa/New-Laws/2019-New-Laws

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