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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.
Small Businesses and Covid-19 on March 30, 2020
/in All Blog Posts, Bankruptcy/by Ajay GuptaTwo weeks ago today, I was standing in front of Judge Styn in San Diego Superior Court expecting to get a one-week bench trial underway. This was after we had waived our jury the prior Friday when San Diego had suspended jury trials due to the Coronavirus. Judge Styn is 79 years old and the San Diego Courts were shut down the following day. For most of us, we’ve only been living with the impact of this virus for just two weeks, but for small businesses, so much has changed over those two weeks.
Does The Coronavirus Pandemic Qualify As a Force Majeure Event?
/in All Blog Posts, Bankruptcy/by Dylan ContrerasIn the wake of the Coronavirus (COVID-19) pandemic, state and local governments throughout the U.S. have ordered restaurants, bars, and shopping centers to shut down, while businesses that sell essential products can remain open. Due to the pandemic, small and large companies are forced to close their doors and find clever ways to remain competitive in a world where “dining in” is no longer an option.
The CBD FAQ
/in All Blog Posts, Cannabis, Corporate Litigation/by Jake AyresCBD, short for cannabidiol, is the wildly popular compound that has found its way into food, drinks, supplements, cosmetics, and even dog treats. CBD is a non-psychoactive instance of the 113 known cannabinoids, organic compounds unique to cannabis. Celebrity athletes have gotten into the game as well, with ex-Patriots tight end and lovable goofball Rob Gronkowski partnering with CBD Medic and North Shore cult hero professional surfer Jamie O’Brien extolling the virtues of the CBDMD line of products on his Instagram page. CBD’s proponents cite its purportedly therapeutic effects, ranging from analgesic, anti-inflammation, anti-anxiety, and mild sedation. Some proponents have even used the term the “boy scout molecule” to describe its positive effects because it always “does the right thing.”
An Offer You Can’t Refuse: Civil Extortion or Demand Letter
/in All Blog Posts, Corporate Litigation/by Jake AyresWhen sending a demand letter, whether the sender is an attorney or a lay person, it can be tempting to come in guns blazing. While it is standard practice to threaten civil litigation, sometimes the sender will contemplate other threats, such as threatening criminal prosecution or calling the IRS (or FTB). However, while it may be only human to try and maximize the leverage present in the demand letter in order to effectuate a result, making threats to report someone in a demand letter can result in liability for civil extortion and place the demand letter outside of the litigation privilege. This article discusses the often fine and blurry line between a strongly worded demand letter and an extortionate threat.
In the Weeds on the SAFE Banking Act
/in All Blog Posts, Cannabis, Corporate Litigation/by Jake AyresIn tax season of 2019, a legal cannabis grower walked a nerve-wracking 20 yards from the parking lot to a California government office to pay his state taxes—with a pile of $350,000 in cash. The illegality of cannabis at the federal level has largely shut cannabis businesses—legal at the state level—out of traditional banking. As a result, cannabis businesses operate on an all-cash basis, leading to cash payments to employees, vendors, professional service providers, utilities, and government entities. While this has been a boon to the armored transport and logistics industries, cannabis businesses striving to remain within the contours of the law find themselves bearing the considerable burdens of operating on an all-cash basis, racking up considerable overhead to protect large sums of cash from would-be thieves. Given the onus placed on cannabis businesses—and, arguably, neighbors wary of 24/7 armed guards—cannabis business surely cannot remain excluded from banking forever, can they? Enter the Secure And Fair Enforcement (SAFE) Banking Act of 2019
Insolvency and Corporate Responsibilities To Creditors
/in All Blog Posts, Corporate Litigation/by Ajay GuptaThe moment a corporation becomes insolvent, a lot can change, and fast. If the officers and directors of the company are unaware of how insolvency can transform the landscape of corporate responsibilities and duties, they run the risk of exposing themselves to liability for the corporation’s debts, even if there was no personal guaranty. For purposes of this blog article, we look at how insolvency changes (or doesn’t change) the scope of a director’s fiduciary duties to creditors.
Granny Flats in No Time Flat
/in All Blog Posts, Real Estate/by Michael CovingtonAs the California housing crisis continues to expand, more and more Californians are looking for ways to leverage their property into additional revenue streams. With popular options like Airbnbs and short term rentals generating controversy and uncertainty as of late, an alternative way for families to supplement their main sources of income is on the rise: the Accessory Dwelling Unit.
Why Speak to an Attorney Before Buying a Home?
/in All Blog Posts, Real Estate/by Ajay GuptaThe professionals that you surround yourself with when purchasing a home all have a vested interest in your “closing the deal.” All the parties, including the broker, the mortgage salesperson, and the title company each get paid through commission. If each party is purchased this way, who is there to push the brakes and first ask if this is a smart decision? Or if the title is clean? How about if the financials make sense, or if there is an issue with the inspection that needs to be examined? Let the crucial role of the unbiased advisor be your attorney.