News, Events & Insights
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California Bill to Substantially Increase the Homestead Exemption Goes to Governor Newsom for Signing (AB 1885)
/in All Blog Posts, Corporate Litigation, Real Estate/by Ajay GuptaWith all the craziness around eviction moratoriums, COVID-19, and election politics dominating the headlines, the California legislature quietly passed AB 1885 (its Senate Corollary was SB 832) on Tuesday, September 2nd. AB 1885 increases the California homestead to the greater of $300,000 or the countywide median sale price of a single-family home in the calendar year prior to the year in which the judgement debtor claims the exemption, not to exceed $600,000. As a frame of reference, the following are projections for a few of California’s major metropolitan areas:
Discussion: California Legislature Set to Halt COVID Related Evictions on August 31st Through AB 3088
/in All Blog Posts, Corporate Litigation, Real Estate/by Ajay GuptaOn August 13th, the California Judicial Council amended its emergency rules to lift the statewide ban on evictions. In doing so, the Courts effectively passed the baton to the California Legislature to develop and pass a bill to address the looming eviction crisis set to erupt on September 1, 2020 when the statewide eviction ban is formally withdrawn. After weeks of drafts, negotiation and compromises between lawmakers, tenant advocates and landlord organizations, Governor Newsom has announced Assembly Bill 3088, known officially as the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (the “AB 3088”). The Relief Act will be voted on in the Senate on August 31, 2020 and will need a 2/3 majority vote to pass and be sent back to the Assembly.
Upcoming Webinar: Exploring California’s Looming Eviction Crisis – Legislative Options for Renters and Landlords
/in All Blog Posts, Real Estate, Webinars/by Ajay GuptaOn August 13th, the California Judicial Council amended its emergency rules to lift the statewide ban on evictions. Measures passed by Governor Newsom and local cities still remain in place to try and slow the pace of evictions; but, by and large, the now-lifted statewide eviction freeze was the only thing that was stopping the flood of evictions that everyone knows is coming.
Update for California Landlords and Renters: California’s Eviction Ban Is Expected to Be Lifted
/in All Blog Posts, Corporate Litigation/by Dylan ContrerasOn August 13, 2020, the Judicial Council of California will vote on a proposal to lift California’s statewide eviction ban. If the ban is lifted, starting September 1, 2020, California State Courts can resume all unlawful detainer proceedings that came to a sudden halt in April of 2020 and begin processing all unlawful detainer complaints filed during the eviction freeze.
Reading the Sativa Leaves: Between the Lines of the FDA’s Report to Congress on Hemp and CBD Testing
/in All Blog Posts, Cannabis, Corporate Litigation/by Jake AyresOn July 8, 2020, the United States Food and Drug Administration (FDA) recently issued a highly anticipated report to Congress regarding the results of its preliminary campaign of testing of cannabidiol (CBD) products on the market for both mislabeling and adulteration. Although the authors of the report were careful to include numerous caveats about the conclusions that can be drawn from the report[1], the report does provide some potential indications about the future of the industry.
Update: San Diego City Council Extends Moratorium on Evictions and Approves $15.1 Million Rental Assistance Program
/in All Blog Posts, Corporate Litigation/by Dylan ContrerasOn June 30, 2020, the San Diego City Council (the “City Council”) voted to extend the moratorium on commercial and residential evictions through September 30, 2020, and approved a $15.1 million rental assistance program that will provide qualified households with a one-time payment to pay for past-due or upcoming rent.
How Commercial & Residential Tenants Can Save Their Lease Post COVID-19
/in All Blog Posts, Corporate Litigation, Real Estate/by Ajay GuptaIn a recent three-part blog article, Chris Evans discussed the moratorium on evictions and current rental obligations from a state, local, and judicial level. The blog article revealed that, among other things, San Diego tenants are protected from eviction until June 30, 2020. The article further clarified that landlords cannot initiate an unlawful detainer action until 90 days after Governor Newsom lifts the State of Emergency Declaration. These governmental actions have certainly provided some welcomed breathing room for tenants that have felt the immediate economic impacts of COVID-19 on their lease.
Partition Actions
/in All Blog Posts, Corporate Litigation/by Ajay GuptaGenerally, when two people purchase property together neither are thinking about what will become of it if they separate. This can become a major problem if such a situation arises, but there are steps that can be taken to guard against excessive losses. While forming a contingency plan for the end of any kind of partnership may not be pleasant, partition actions are for the good of both parties.
Legal Real Estate Issues
/in All Blog Posts, Real Estate/by Ajay GuptaReal estate litigation commonly arises from “self-help issues”, or a situation where an individual attempts to resolve a dispute through their own unsanctioned action. This is never advisable, as it can easily lead to further escalation and potentially less civil confrontations. In the video below, Mr. Gupta discusses a situation where a disputed property line ran through one party’s driveway. In order to block this access point the other party erected a low cinderblock wall along the property line. This action only exacerbated the situation, as the erection was unsanctioned in first place, but even its removal would be grounds for further dispute.