Nearly 30 Years Of Representing Businesses And Their Owners
By Jared R. Clemence Download the article here. Despite what the news articles state, the rules that went into effect during the eviction moratorium are not dead. California Code of Civil Procedure section 1179.07 keeps the COVID-19 Tenant Relief Act alive until October 1, 2025. However, some of the rules were set to only cover periods up to June 30,…
CA Evictions: How to Serve an Eviction Notice By Jared R. Clemence Read and download the article HERE. In California, one of three notices typically starts every eviction process. For the notice to withstand challenge, the landlord must serve the notice according to the rules established in Code of Civil Procedure section 1162, and the court will hold the landlord strictly…
By: Jared Clemence “The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. In this code, the thing of which there may be ownership is called property.”1 The State of California gives us this very elegant definition of property, which is based on the ability to enjoy…
by: Jared Clemence Read the article here. The matter comes up periodically: Should a seller allow a buyer to occupy the home before the close of escrow? The answer is generally, “NO!”, but why? To answer this question, we will consider the case of Marvell v. Marina Pizzaria (1984) 155 Cal.App.3d Supp. 1. The Facts To keep things simple, I…
By: Jared Clemence How do I sell my house when my neighborhood is trashed? Today, one of my home sellers confessed: The reason she wants to move is that the neighborhood has gone “downhill.” The neighbors: have overgrown lawns, cause the street to be overcrowded with cars, sit on their front porches at all hours of the day, and generally…
by: Jared Clemence How to convert adverse possession into permissive permission without consent With adverse possession, it’s all about this thing called “hostility.” In general, a person has to hold the property in a way that is hostile to the true owners title for a period of five years.1 A person who rents a home, for example, has permission to…
PROPOSITION 19 AND PROPERTY TAXES: HOW IT WORKS, WHAT IT MEANS Download a PDF of the article here California Proposition 19, which became law in November of 2020, went into effect on February 15th. As of that date, significant changes to California property tax law, particularly concerning parent-child exclusions, go into effect. The change also affects transferring property to yourself.…