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Tag Archive for: The Gupta Evans & Ayres Team

Civil Litigation To Remain On Zoom In CA

October 12, 2021/in All Blog Posts, Corporate Litigation/by The Gupta Evans & Ayres Team

S.B. 241 is a Senate Bill that authorizes the use of remote technology in civil proceedings. 

This may not seem revolutionary after 18 + months of Zoom proceedings (and one memorable cat lawyer) but until now these measures were necessary for safety and not thought to persist post-pandemic. 

Now with SB 241, the CA supreme court states that “All 58 California superior courts can remotely hold proceedings in at least one case type and 39 courts in most or all case types…” per https://news.bloomberglaw.com/

The ability to hear more cases, as well as the ability for lawyers and plaintiffs and defendants to be present at their hearings regardless of travel issues, health issues, mobility concerns, or budgetary problems that prevent travel or at least make it prohibitively expensive, are also helped by SB 241. 

Los Angeles County Superior Court averages 5,000 remote proceedings daily, clearing dockets and speeding justice from thousands of people who may otherwise have had to wait months for proceedings to be heard by the court. 

Why continue to hear cases remotely?

With the uptick in employment law cases since the mandate for vaccines was introduced by many ALEs and government employers moving rapidly through cases will continue to be of utmost priority for CA civil courts. 

Allowing for remote proceedings can not only speed the trial’s conclusion but keep costs down for attorneys and clients, saving both time and money. 

The downsides of video trials cannot be ignored. 

Video hides tell-tale signs a jury might pick up on like nuanced body language or facial expressions. As we all know from these months o Zoom – there is also the risk of Zoom fatigue.  Thousands of Zoom trials could numb even the most caring heart or even-handed mind to the plight of yet another case on a video screen. 

The veracity of testimony is crucial to outcomes in many employment law cases and remote video conferencing will never offer the kind of firsthand experience that in-person arguments provide. 

The question is efficiency vs specificity, as it is so often.  Faster isn’t always better, but on the other hand, “done” is beautiful. 

What do you think about remote trials? Email us if you want to do a video on the pros and cons with Ajay, Jake, or Chris, and let’s argue this out… we can even record it over Zoom. 

https://socal.law/wp-content/uploads/2021/10/Zoom-trials.png 1080 1920 The Gupta Evans & Ayres Team https://socal.law/wp-content/uploads/2021/08/gupta-evans-ayres_brand-identity_v4-02.png The Gupta Evans & Ayres Team2021-10-12 19:12:582022-02-14 22:23:53Civil Litigation To Remain On Zoom In CA

What Senate Bills 9 & 10 Mean for Attorneys in San Diego

October 12, 2021/in All Blog Posts, Corporate Litigation, Real Estate/by The Gupta Evans & Ayres Team

Unless you inherited your house from your grandmother (and keep a very very low profile), you know that the cost of real estate in California has been skyrocketing for decades.  

Not even COVID could stop the real estate bubble, in fact, because many people didn’t want to move during the pandemic, it decreased the supply while the demand never slackened. 

Immediately following the recent failed gubernatorial recall, Gavin Newsom put Senate Bills 9 & 10 on the CA Senate floor to help address the housing crisis in California. 

As defined in a recent article in the NY Times: 

“S.B. 9 allows duplexes to be built in most neighborhoods across the state, including places where apartments have long been banned. 

S.B. 10 reduces environmental rules on multifamily housing and makes it easier for cities to add high-density development.”

Can you hear that? It’s the sound of people’s heads exploding. 

San Diego is a big small town, you live here, you know.  Neighborhoods as tony as Del Mar still have bungalows with beach views held onto by families who bought in the late ’60s and aren’t going anywhere. Housing prices have skyrocketed in the past 2 years with the median cost to buy a home topping $750K in 2021 and estimates saying the price will reach $1M next year. 

So, What do Senate Bills 9 & 10 mean for attorneys in San Diego?

In theory, SB 9 would allow a family on an acre or 2 of land to build a casita, rent it out to a couple, make some income to pay their mortgage and in doing so also offset the housing shortage.  In practice, developers are coming in, sweeping up family-owned properties and turning them into multi-unit rentals in areas like Clairemont Mesa and other suburban middle-class tracts that have not seen this kind of development since the 1950’s when they were first built up offering middle-income American’s a piece of the American dream. 

SB 10 could allow more permitted buildings with less red tape to be built, easing the lengthy process of permits and ecological offsets to structures created in urban areas.  Requirements for zoning changes can drive the cost of construction way up and delay projects that build housing in urban areas by months or in some cases even years which in turn raises the rent asked of those properties once they are complete.  SB 10 should abate some of that and allow a streamlined route to more high-rise housing in areas like Hillcrest and UTC. In practice, those builders who began projects before SB10 will be at a disadvantage to those who are not required to adhere to the same rules, putting them at a competitive shortfall and potentially paving the way for lawsuits. 

The US is a litigious society. 

When we feel slighted, we sue.  These new regulations in the San Diego housing market are sure to stir up their fair share of lawsuits, challenges, and infighting among developers and old school city residents. 

Traffic, pollution, resources like grocery stores, schools, hospitals, urgent care clinics, gas stations, all will be affected by the tripling or more of the population in any one area.  From a development perspective, the 2 bills go hand in hand very well allowing more units to be developed with less red tape and city interference.  

So what should you beware of if your client is investing in a multi-family property newly allowed by SB’s 9 & 10?

How can you protect them from unnecessary litigation and headache down the road while still encouraging their CRE portfolio’s growth? One step you can take with little to no effort is to do a background check on the players involved.  [WE CAN HELP WITH THAT]. If your search comes up with bankruptcies, charge-offs of debt, lawsuits for the past few decades, you’ll know the kind of person your client is getting in bed with and can triple-check those contracts to cut out any loopholes. On the other hand, if it comes back clear, it may just mean, they’re new at this game, so it’s probably still a good idea to check for loopholes in those contracts and investment disclosures. 

Whether you fall on the side of the single-family homeowner who says, “not in my backyard” or the young couple looking to get their own place who wonder, “what can I afford?” or the developer who is looking to turn a profit and in doing so offset the housing shortage, SB 9 & 10 are sure to throw a cat among the pigeons in the San Diego Real Estate market for years to come. 

The coming months and years are likely to be rife with lawsuits around these new developments.  There are community boards that are adamant that their neighborhoods are not going to be the frontier of housing growth.  It’s going to start somewhere and wherever it is, the changes are likely to be seismic and far-reaching. 

https://socal.law/wp-content/uploads/2021/10/iStock-1169954689.jpg 1500 2000 The Gupta Evans & Ayres Team https://socal.law/wp-content/uploads/2021/08/gupta-evans-ayres_brand-identity_v4-02.png The Gupta Evans & Ayres Team2021-10-12 18:50:042022-02-14 22:23:54What Senate Bills 9 & 10 Mean for Attorneys in San Diego

June 2021 Happy Hour

October 7, 2021/in Events/by The Gupta Evans & Ayres Team

Date: June 14th, 2021
Time: 4PM
Location: Carnitas Shack Downtown

Sponsored by RanchoTed Real Estates Private Money Lending and CalHomeCo

CalHomeCo Construction transparent logo

ranchoted logo 2021

We gathered for a happy hour at our favorite spot, The Carnitas Shack Downtown. This local and delicious restaurant provided us with such exceptional customer service, and we were so delighted to have our sponsors present. Our team strives to create and maintain meaningful relationships with our clients and sponsors, and we couldn’t have thought of a better place to get together.

Thank you to everyone who came out to support us!

    https://socal.law/wp-content/uploads/2021/09/carnitas-snack-shack.jpg 367 550 The Gupta Evans & Ayres Team https://socal.law/wp-content/uploads/2021/08/gupta-evans-ayres_brand-identity_v4-02.png The Gupta Evans & Ayres Team2021-10-07 19:15:042022-02-14 22:23:54June 2021 Happy Hour

    July 2021 Happy Hour

    September 28, 2021/in Events/by The Gupta Evans & Ayres Team

    Date: July 30th, 2021
    Time: 4PM
    Location: Carnitas Shack Downtown

    Sponsored by Brotman Law, RanchoTed Real Estates Private Money Lending, and Small Law Corp

    Brotman Law
    Small Law Corp
    ranchoted logo 2021

    We hosted a get together at The Carnitas Shack Downtown with our team and clientele. The outdoor restaurant was the perfect place to gather, while supporting a restaurant that we all know and love. We are so grateful for our sponsors and team.

    Thank you to everyone who came out to support us!

      https://socal.law/wp-content/uploads/2021/09/20190614_-Carnitas-HH-e1632802067947.png 1792 4032 The Gupta Evans & Ayres Team https://socal.law/wp-content/uploads/2021/08/gupta-evans-ayres_brand-identity_v4-02.png The Gupta Evans & Ayres Team2021-09-28 03:47:422022-02-14 22:23:54July 2021 Happy Hour

      August 2021 Happy Hour

      September 28, 2021/in Events/by The Gupta Evans & Ayres Team

      Date: August 20th, 2021
      Time: 4PM
      Location: Ballast Point Miramar

      Sponsored by Fairway Residential, Tencer Sherman, and RanchoTed Real Estates Private Money Lending

      Tencer Sherman
      FAIRWAY
      ranchoted logo 2021

      To cater to our North County peers, we hosted our happy hour at Ballast Point Miramar. We utilized the beautiful outdoor spaces that the venue offers and maintained Covid-19 encouraged safety measures.

      Thank you to everyone who came out to support us!

      • Ballast Point Happy Hour
      • Ballast Point Happy Hour
      • Ballast Point Happy Hour
      https://socal.law/wp-content/uploads/2021/09/20210730_CarnitasHH-1-scaled-e1632800019349.jpg 1529 2560 The Gupta Evans & Ayres Team https://socal.law/wp-content/uploads/2021/08/gupta-evans-ayres_brand-identity_v4-02.png The Gupta Evans & Ayres Team2021-09-28 00:46:252022-02-14 22:23:54August 2021 Happy Hour

      Meet Ajay Gupta – Founder

      July 20, 2021/in All Blog Posts/by The Gupta Evans & Ayres Team

      All the law updates in the world aren’t going to help you understand who we are and how we practice as well as a conversations with us. WIth life as busy as ever, we thought it would be nice to take a few minutes and introduce ourselves and talk about why we do what we do.

      Meet Ajay Gupta.

      A Michigan native, Ajay came to San Diego in 2002. He lives in La Jolla with his beautiful wife, two boys, and cat. Ajay spends almost all his free time with his family. They enjoy hiking Torrey Pines, biking in Coronado, and Saturday mornings at the Little Italy Farmer’s Market. His sports of choice are basketball and golf. Ajay can be seen at poker night every third Friday of the month.

      Ajay graduated from the University of Michigan in 1997 and the University of San Diego School of Law in 2005. He opened his practice in 2008 and has been involved in real estate law ever since. Ajay’s practice focuses on civil litigation with an emphasis on bankruptcy and real estate matters.

      Mr. Gupta has been recognized by SuperLawyers from 2015 through 2018, which is reserved for the top 5% of lawyers in the country. In addition, Mr. Gupta is one of 13 certified bankruptcy specialists in San Diego County and widely regarded as an authority in the area of real estate and corporate law.

      Ajay takes a hands-on, holistic approach to working with clients. He enjoys working to find solutions that address not only the financial concerns of his clients but solutions that address the emotional aspects of their case as well.

      Beyond the standard CV we asked Ajay a few more… personal questions. Here are his answers:

      What do you do when you’re not working?
      When I’m not working, I enjoy playing basketball and Poker. I love watching football and movies, as well as meditating.

      If you were to look back from the age of 80 and tell yourself anything what would it be?
      Get your MBA, not a Law Degree.

      What’s one fact about your education or upbringing that few people know?
      I’m a redneck at heart. I grew up in rural Michigan and used to snowmobile to my neighbor’s house, go ice fishing /bow hunting, and take my oversized Dodge Ram mud bogging for fun.

      What are two things on your bucket list?
      1. Take two months off work and go to Katmandu, travel Northern India, possibly Tibet
      2. Drive to Alaska and Denali National Park

      Keep your eyes on this space for AJAY’s video interviews coming soon.

      https://socal.law/wp-content/uploads/2021/07/e9X9A8154-scaled.jpg 1707 2560 The Gupta Evans & Ayres Team https://socal.law/wp-content/uploads/2021/08/gupta-evans-ayres_brand-identity_v4-02.png The Gupta Evans & Ayres Team2021-07-20 07:19:002022-02-14 22:23:54Meet Ajay Gupta – Founder

      Famous Bankruptcy Cases

      July 13, 2021/in All Blog Posts, Bankruptcy/by The Gupta Evans & Ayres Team

      As Bankruptcy LItigation attorneys, we see people from all walks of life whose circumstances have caused them to need bankruptcy protection. We work with companies who are seeking to be made whole in cases where their debtor has declared bankruptcy and we support business owners and individuals whose cases are bankruptcy adjacent, meaning that the filing of Chapters 11 or 7 has tangentially affected the shared financial interests of our clients.

      At Gupta Evans and Ayres, we pride ourselves on knowing quite a bit about bankruptcy filings, but we did not know quite how many celebrities have filed for bankruptcy. The one on this list that was most surprising? Ulysses S. Grant, though his bankruptcy filing is not related to his statue being toppled in San Francisco in 2020, it was the result of other bouts of poor judgement on his part.

      Here is a list of some of the most surprising celebrities to have filed for bankruptcy throughout modern history (Grant is the outlier).

      cyndi lauper 1980s 1

      Cindy Lauper: Before she Wanted to Have Fun, her band went bankrupt. She made a hasty and stable recovery.

      t pain

      T-Pain declared bankruptcy in the 90’s after out-of-control spending. He recently appeared on and won the Masked Singer and his finances seem to be on the mend.

      larry King 1

      Before LArry King sat in front of the colorful iconic dots and hosted his famous talk show he was accused of stealing $5K from his business partner. The charges didn’t stick but the stigma did and he declared bankruptcy in the late ’70’s.

      burt

      Burt Reynolds lost a fortune over his career partly due to an expensive divorce and all those toupees. He declared bankruptcy in the 90s but went on to make such cult favorites as Boogie Nights. He was still active in the movie industry until his death.

      nick cage

      Nicholas Cage doesn’t just make movies in VEgas, he lives life on the edge. After wild spending and unpaid tax bills Cage declared bankruptcy in the early 200’s. He seems to be managing just fine now with an estimated net worth of over $20 million.

      mike Tyson

      Mike Tyson has made some questionable choices (face tatoos, tigers, ears…) but poor spending choices and a pricey divorce caused the fighter to file for bankruptcy in the early 2000’s. He has since founded a marijuana company in California and seems to be solvent once again.


      Looking at the retrospective of celebrities who have weathered bankruptcy may cause those of us touched by Chapter 7 or 11 filings to cringe more than the average person. The truth is, it’s no laughing matter. While bankruptcy filings can be strategic tools to protect assets in dire circumstances, those same filings can reserve funds from those who are owed money. At Gupta Evans and Ayres, we are bankruptcy litigation experts. The intricacies of filings are our forte. If you or someone you trust is impacted by bankruptcy, don’t hesitate to reach out.

      Want to see how we work? READ ON…

      https://socal.law/wp-content/uploads/2021/09/burt.jpeg 523 928 The Gupta Evans & Ayres Team https://socal.law/wp-content/uploads/2021/08/gupta-evans-ayres_brand-identity_v4-02.png The Gupta Evans & Ayres Team2021-07-13 07:20:002022-02-14 22:23:54Famous Bankruptcy Cases

      Offices Available For Lease!

      May 12, 2018/in All Blog Posts/by The Gupta Evans & Ayres Team

      We have three single, private offices available for rent including two optional secretary bays. They are all furnished and newly remodeled. The offices are approximately 150 square feet, enjoy great views, include a kitchen and conference room, and are conveniently located downtown at the corner of 5th and Cedar in the Douglas Wilson Building.  Below are some pictures.  If you or someone you know is interested, please contact Michael Russo at (619) 866-3444 or at mr@SoCal.law

      https://socal.law/wp-content/uploads/2022/02/20180511_234608-1024x585-1.jpg 585 1024 The Gupta Evans & Ayres Team https://socal.law/wp-content/uploads/2021/08/gupta-evans-ayres_brand-identity_v4-02.png The Gupta Evans & Ayres Team2018-05-12 00:40:002022-02-14 22:33:02Offices Available For Lease!

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      1620 Fifth Ave #650
      San Diego, CA 92101

      P: 619-866-3444
      F: 619-330-2055
      E: info@socal.law

      • Link to Facebook
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