The California Constitution protects citizens within the state from usury, which is the lending of money at excessively high rates. While lenders are generally permitted to contract with borrowers for loans used primarily for personal, family, and ho…
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Easements can be very complex — and they can often be the source of contentious legal disputes. In California, there are several types of easements that cover a wide variety of scenarios. If you’re considering purchasing a property with an easeme…
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By: Frederick W. Pfister A commercial lease can have a major impact on your business, whether we are in the middle of a worldwide pandemic, or not. This is especially true in San Diego County, where the price of real estate, and commercial space, is…
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Cellular (“cell”) site leasing has become popular in San Diego County with the proliferation and increasing demand for cell phone and wireless bandwidth. This demand has created new opportunities for landowners in areas such as San Marcos, Oceans…
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In a recent appellate court decision (Boston LLC v. Juarez, 240 Cal.App.4th Supp. 28), the appellate court ruled that a tenant’s failure to timely obtain rental insurance following service of a three day notice to cure covenant or quit was a materi…
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Recently, a California appellate court ruled on the enforceability of agreements for commission splits among real estate agents, which could have significant ramifications on how both agents and brokers share commissions earned for the sale of real p…
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A grant deed in lieu of foreclosure (“deed in lieu”) given by a beneficiary to a foreclosing lender does not merge with the foreclosing lender’s deed of trust. For creditors with junior liens secured by real property, including contractors who…
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First, some bad news. A CASp report[1] is now required by law for commercial properties when a lease is negotiated. The good news: when you have this report, you have the power to correct accessibility problems and to defend ADA lawsuits. CASp Report…
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The U.S. Supreme Court decided a case which bolsters the rights of property owners against government agencies who impose “extortionate” demands or development fees. The opinion was issued on June 25, 2013 in the case of Koontz v. St. Johns River…
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What Does Sharing Have to Do with Boundaries and Encroachments? Sometimes our selfish nature gets the better of us and we fight over things that should be shared. Disputes concerning boundaries and encroachments can often be resolved by better unders…
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