News, Events & Insights
Join us for a Gupta Evans & Ayres event or pressure events from the San Diego Community at large, stay up to date on Law changes and read case stories in the blog.
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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.
Webinar: COVID-19 Impact and Options for Commercial and Residential Real Estate
/in All Blog Posts, Real Estate, Webinars/by Chris EvansThe COVID-19 pandemic has had a dramatic impact on real estate issues and has prompted all levels of government to enact new legislation to mitigate the impact on landlords, tenants, and banks.
Commercial and Residential Evictions in California in the time of COVID-19 (Part 1 of 3) Updated as of: August 13, 2020
/in All Blog Posts, Corporate Litigation/by Chris EvansAs we continue to adjust to the “new normal” of a world battling the Coronavirus pandemic, previously meaningless words and phrases like the “curve,” “social distancing,” or “shelter in place” have become everyday vernacular. New directives continue to be issued that impact our daily lives and add to an already confusing landscape of do’s and don’ts. While good intentioned, the order has resulted in sudden, unanticipated changes in the way businesses can operate, if they can continue to operate at all. This has caused businesses, and the individuals they employ or once employed, to experience severe financial stress with no clear end in sight.
Commercial and Residential Evictions in California in the time of COVID-19 (Part 2 of 3) Updated as of: August 13, 2020
/in All Blog Posts, Corporate Litigation/by Chris EvansOn March 25, 2020, the City of San Diego[1] adopted its own temporary eviction ban when the San Diego City Council unanimously adopted Ordinance No. O-21177. The Ordinance not only halted both residential and commercial evictions through May 31, 2020, but also provided affected tenants with approximately six months to repay any unpaid rent as a result of the Coronavirus pandemic.
Commercial and Residential Evictions in California in the time of COVID-19 (Part 3 of 3) Updated as of: August 13, 2020
/in All Blog Posts, Corporate Litigation/by Chris EvansOn April 6, 2020, the Judicial Council of California adopted 11 categories of COVID-19 emergency rules to assist California courts in a variety of respects, one of which is evictions. Pursuant to Emergency Rule 1, effective immediately, essentially all evictions and unlawful detainers are suspended. The rule prohibits any California Court from issuing a summons on any unlawful detainer complaint, as well as entering the default of any tenant in any unlawful detainer action. There is a narrow exception for actions necessary to “protect public health and safety;” however, this phrase is undefined. As originally drafted, this Rule was set to remain in place until 90 days after Governor Newsom lifts the California State of Emergency declaration.
Webinar: COVID-19 – Impact and Options for SoCal Businesses
/in All Blog Posts, Bankruptcy/by Ajay GuptaAs the COVID-19 pandemic has surged upwards, our practice has seen a dramatic uptick in the number of calls we’ve been receiving from business owners, including landlords, tenants and lenders, who are all grappling with issues never before seen and seeking answers to questions they have never faced before. In an effort to educate the community and businesses about what we’re seeing in San Diego, we put together a panel on Covid-19 impact and options for a Webinar.
Squatter’s Rights, Prescriptive Easements, and Adverse Possession
/in All Blog Posts, Corporate Litigation, Real Estate/by Ajay GuptaThough a property owner may prefer not to consider it, there are rights which an individual is entitled after using a property for a particular period of time despite the fact that they do not own said property. Legally, when an individual uses a property without the permission of the owner it is known as adverse possession. California has a variety of protections for both property owners and squatters that ensure that these circumstances can be litigated fairly and effectively.