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Commercial Leases for the Small Business Owner

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… Read More
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Important Considerations Before Leasing Your Property as a Wireless Cell Site

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… Read More
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Failure of a Tenant to Obtain Rental Insurance Ruled a Material Breach of the Rental Agreement

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… Read More
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Recent Court Ruling on Judgment Creditors’ Rights to Obtain Production of Documents from Judgment Debtors Over Objection of Privacy Rights of Third Parties

When seeking to enforce a civil judgment in California, judgment creditors should be aware of the tools available to them to obtain information on the assets and finances of judgment debtors. Under the Enforcement of Judgments Law (California Code of… Read More
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Appellate Court Holds Real Estate Agents May Sue For Commission Splits

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… Read More
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Junior Lienholders Beware of the Deed in Lieu

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… Read More
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What is Better than a Pre-Judgment Writ of Attachment?

A major concern collecting a business debt is whether the debtor has the assets to satisfy a money judgment and whether the assets will be available once a judgment is rendered for the creditor. The writ of attachment is a powerful tool to secure pro… Read More
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Good News, Bad News: The CASp Report

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… Read More
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ADA Lawsuit Reform – SB 1186

Introduction The Legislature enacted SB 1186 to as a part of its ADA lawsuit reform efforts, specifically to address litigation abuse, such as “vexatious litigation” — lawsuits that are not pursued to rectify wrongs or to advance or create a pu… Read More
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Tax Exempt Organization? Watch Out for Adverse Possession

Adverse possession is often cited as a very narrow remedy in California due to the challenges in showing payment of property taxes. While California has a very short five year time period to acquire property by adverse possession, it famously require… Read More
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