News & Updates
News & Updates
Los Angeles’ Just Cause Eviction Rules: What Landlords Must Know
In Los Angeles, where approximately 44% of residents rent their homes, landlords manage a major portion of the city’s housing. While many rental agreements remain problem-free, eviction becomes necessary at times to address lease violations,
City of Burbank Tenant Protection
On July 30, 2024, the city of Burbank passed an ordinance amending Chapter 4 of Title 5 by increasing relocation assistance for all no-fault just cause evictions. The amendment also added extra protection against landlord
AB2347 Extends the Time Tenant’s Have to File an Answer
AB2347 Extends the Time Tenant’s Have to File an Answer In September of 2024, California Assembly Bill 2347 (AB2347) passed, introducing important changes to the timeline for tenants facing eviction proceedings. AB 2347 addressed the
Glendale Owner Occupancy Eviction
The city of Glendale gives Landlords the option to recover possession of their property if they are seeking in good faith to use the rental unit for occupancy by either a resident manager, the Landlord
City of Burbank Substantial Remodel
The city of Burbank is often called the “Media Capital of the World” because it is home to some of the most iconic media companies, including major Hollywood studios like Warner Bros., Disney, and NBC.
Your Guide to Finding a Top Commercial Lease Attorney Los Angeles CA
Usually, business owners rely on the advice of their in-house counsel, brokers, or managers for signing a commercial lease. Although their insights are of great importance but they can never replace the expertise of a
What Kind Of Attorney Do I Need To Start a Business?
Starting our own business can be a very emotional and exciting experience, but this process can also be very tiring especially while handling the legal matters of business formation. Most business owners don’t consider hiring
COVID-19 Renters Protection Ends on January 31, 2023: Essential Information for Renters and Landlords
The COVID-19 pandemic brought unprecedented challenges, prompting cities like Los Angeles to implement emergency measures to protect renters. On March 15, 2020, former Los Angeles Mayor Eric Garcetti issued a temporary moratorium on evictions for
Owner Occupancy Evictions in City of Los Angeles under LARSO and Just Case Ordinance
In the City of Los Angeles, the Rent Stabilization Ordinance (RSO) & Just CauseOrdinance (JCO) gives landlords the right to, in good faith, recover possession of arental unit for their own primary use. This right also extends
Pasadena’s Measure H: Understanding No Fault Evictions
Pasadena passed Resolution No. 9970 on December 22, 2022, certifying that votersapproved the Pasadena Charter Amendment Initiative Petition Measure Imposing RentControl, also known as Measure H. Measure H prevents landlords from raising rentsunreasonably and evicting residents
Los Angeles Mansion Tax
An additional transfer tax on real estate sales of $5 million or more recently went into effect in Los Angeles, California. Adopted by residents in November 2022, Measure ULA was signed into law on January
Pasadena Measure H: Understanding Rent Control in 2023
Pasadena passed Resolution No. 9970 on December 22, 2022, certifying that voters approved the Pasadena Charter Amendment Initiative Petition Measure Imposing Rent Control, also known as Measure H. Measure H prevents landlords from raising rents unreasonably
COVID-19 Renters Protection Ends January 31, 2023
As the COVID-19 pandemic impacts communities across the country, many renters have faced financial challenges that have made it difficult to pay their rent. To help alleviate this burden, the California government enacted a temporary
LA County Extends Local Law Forbidding Landlords From Evicting Renters
The COVID-19 pandemic brought unprecedented changes to how everyone lives. These changes affected some people’s ability to work and pay for their living expenses. California enacted measures early on to protect renters from evictions during
New California Housing Laws, Landlords and Cannabis: What You Need to Know
California’s current housing crisis has been developing over decades. Recent bills passed by the state legislature and signed into law by Governor Gavin Newsom are aimed at tackling housing problems in the state. In these
California’s 30 Day Notice-to-Vacate Law: Landlord and Tenant Rights
The eviction process in California can be confusing for tenants and landlords. Landlords need to know if they’re legally required to give notice and how far in advance the notice needs to be provided. Tenants
Why You Need a Real Estate Attorney For Neighbor Disputes
If you have neighbors, then you have the potential for neighbor disputes. Neighbor disputes are disagreements between neighbors over issues such as lot lines, noisy neighbors, problems with parking spaces, and bothersome pets digging outside
What is a California Partition Action?
If you co-own property with one or more other parties, there may come a time when one of you wants to sell, while the others prefer to hold on to the property. The law protects
Covid relief; Senate Bill 91 explained
As Covid continues to wreak havoc on California and the country at large, the California legislature has passed new laws to prevent tenants from being evicted in an effort to prevent the situation from getting
Ensure Proper Notice When Filing an Unlawful Detainer
In the case of Long Beach Beach Brethren Manor, Inc. v. Leverett, LLBM appeals the judgment in its unlawful detainer action in favor of the tenant. Landlord contends the judgment should be reversed because the trial
Issues with Siblings in Estate Planning
The Wall Street Journal recently had an article entitled “Sibling Rivalry Complicates Estate Planning.” I find that this issue often comes up in estate planning and other matters. The article highlights a dispute over the
Short Term Rentals in the Los Angeles Market
Curbed LA has an interesting article regarding the number of rental units being taken off the market in order to feed the demand of short term rentals. The article is “Short Term Rentals Are Taking
Selecting the Right Trustee
A typical misconception about estate planning is that people who are considered older should be concerned with them and that there is always time to go and create a will or trust. The problem with
21st Century Estate Planning
I ran across an interesting article addressing estate planning for “modern families,” including “blended families,” same sex marriages, and multi-generational families. Many of these families could benefit from traditional estate planning in the sense that
Estate Planning is Not Just About Estate Taxes
MSNBC recently wrote about the wealthy not creating estate plans because many of their estates fall under the estate tax exemption. In 2015, the estate tax exemption is $5,430,000 per person (meaning $10,860,000 per couple).
Ellis Act Evictions in Beverly Grove
NBC recently featured a story about 18 families being evicted under the Ellis Act from their apartments in order for the owner to build an eleven town homes. The story is Beverly Grove Residents Face
Costa Mesa’s Ordinance Regulating Sober Living Homes Upheld
Recently, a Federal Judge found that the City of Costa Mesa’s ordinance that regulated sober living homes did not discriminate against recovering alcohol and drug abusers. The case Solid LandPartings Behavioral Health, Inc. v. City
Court Determines Applicable Statute of Limitations for Quiet Title Action
Plaintiffs owned a commercial property and have used it for their own businesses and also have had tenants that have paid them rent. In January of 2005 a deed of trust, and absolute assignment of
Why Tenancy In Common Agreements Should be Specific
Agreements must be drafted specifically and if they are not, relief cannot be granted in the manner that the parties thought should have occurred. In Leg Investments v. Boxler, the California Court of Appeals found that
Removing an Expired Mechanics Lien
A contractor who files a mechanics lien on a property generally only has 90 days to foreclose upon it from the time a contractor records the mechanics lien on the property. If a contractor fails
Five Items Needed By Singles in Estate Planning
Interestingly enough, for the first time in the United States, there are more people who are single than married. A common misconception that typically singles make is that they do not need to plan their
Five Costly Mistakes in Estate Planning to Avoid
In the late 1990’s it was estimated that about only sixty one percent of Americans, fifty five years or older had a will or trust established. Recently that number has surprisingly declined to about fifty
Section 8 Tenancies in Non-Rent Control Apartment Units
LAist recently posted an article regarding a landlord in in the Mid-City area of Los Angeles evicting all Section 8 tenants in an apartment building. Under Section 8 guidelines, a landlord is only required to
Q & A Regarding Ellis Act Evictions
89.3 KPCC recently posted a questions and answer article regarding tenant’s rights under the Ellis Act. The article is informative for both landlords and tenants because it outlines what occurs during an eviction under the
Evictions Based Upon Airbnb Violations on the Rise
Although this article discusses Airbnb violations in San Francisco, the issues regarding when a tenant rents a unit on Airbnb is the same in San Francisco or in Los Angeles (or anywhere in California). The
Ellis Act Evictions on the Rise in Los Angeles
KPCC is confirming that evictions under the Ellis Act are on the rise in Los Angeles. The Ellis Act allows landlords to get out of the rental business. It is usually used for condominium conversions
Dying without a Will in California
If a resident of California passes away without having an executing a will or revocable living trust, California has an entire set of laws in the Probate Code, known as “intestacy” to determine who will
Holding Title as Joint Tenants
Joint Tenancy is a type of ownership of real estate by two or more persons in which each owns an undivided interest in the whole property. Joint tenancy is often touted as one method of estate planning; however, there are consequences you may not be aware of that could not make it the best
Attorneys’ Fees Provisions in Rental Agreements
The California Court of Appeal recently found that provisions in a residential lease that allow for attorneys’ fees may be recovered in the case of a declaratory relief and intentional interference with prospective economic advantage
Estate Planning for Newlywed Couples
You just are married and although estate planning might not be on the top of your list to think about, there are some important and simple steps that you can do to protect yourself and
HOA Can Regulate Short Term Rentals
The California Court of Appeal recently found that a HOA can adopt reasonable rules and impose fees related to short term rentals of condominium units. Watts v. Oak Shores Community Association provides some guidance on an expanding
Purchasing a Bootleg Unit
They have many names: “converted garage,” “illegal unit,” “bootleg unit,” or “unpermitted unit,” but they’re all the same. There are many units in the City of Los Angeles and surrounding cities that are not actually
Tenants in Single Family Homes in Los Angeles
Steve Lopez from the L.A. Times had recently wrote about a family in Echo Park being displaced as a result of a new development being built on their property. The family who had lived there
Airbnb in the News in Los Angeles
Airbnb was recently highlighted in the L.A. Times as it becomes more prevalent in certain neighborhoods. The article is entitled “Airbnb and other short term rentals worsen housing shortage, critics say.” I have written several
What Los Angeles Rent Control Does and Does Not Do
I get many questions about the Los Angeles Rent Stabilization Ordinance from landlords and tenants who are often confused by what exactly the rent control ordinance controls and what it does not address. The Los
Three Things You Need to Know About Estate Planning
The Wall Street Journal had a short article, “Three Things You Need to Know About Estate Planning” that discusses three topics: the estate tax exemption, the gift tax exemption, and the annual gift tax exclusion. During
How Much Relocation Assistance is Required under the Los Angeles Rent Stabilization Ordinance?
Under the Los Angeles Rent Stabilization Ordinance, a landlord is required to pay relocation assistance to each unit prior to evicting a tenant for certain reasons. Los Angeles landlords are required to pay relocation assistance
Gaining Property Through Adverse Possession
Adverse possession is a method to gain title to real estate by occupying it for at least five years. There are five requirements that must be satisfied in order to gain title through adverse possession:
What Constitutes a Qualified Tenant under the LARSO
Recently, the California Courts of Appeal reviewed a case that looked into who can be a qualified tenant under the Los Angeles Rent Stabilization Ordinance. City of Los Angeles v. Superior Court (Wade) offers an interesting look
Time to Think About Your Facbeook Heir
Facebook recently has decided that a Facebook user can designate a “legacy contact” to handle his or her online presence on Facebook after that person’s death. A legacy contact will be able to gain access
Why a Landlord Should Act Quickly
Recently, a Santa Monica landlord learned that a landlord should quickly move to evict a tenant who has violated a term of a rental agreement or lease. By waiting too long to file an unlawful
How Old Hollywood is Getting Evicted by New Hollywood
The L.A. Times recently wrote about the eviction of tenants at Villa Carlotta, a Hollywood landmark located on Franklin Avenue. In addition to enforcement of rent due dates and other rental agreement provisions, the last
Estate Planning for the Single Parent
Each person requires a different type of estate plan and perhaps also a look at why the person wants or needs an estate plan. The Huffington Post has a short article “Estate Planning and the
How Much is Probate?
One of the major reasons I recommend revocable living trusts to my clients is the high cost of probate, particularly for smaller estates. Costs for probate are determined by the Probate Code. Thus, if you
Attorney Anthony Marinaccio Answers Questions about Rent Control in Los Angeles
Coronado Real Estate Group recently asked Anthony Marinaccio to respond to recent issues involving gentrification in Northeast Los Angeles and evictions under the Los Angeles Rent Stabilization Ordinance. Attorney Anthony Marinaccio gave relevant advice to
Are you discriminating against Section 8 Tenants?
I follow a blog for real estate investors, Biggerpockets.com. Today, it had an article 8 Myths about Section 8, Corrected: Here’s the Profitable Truth. Landlords often have many questions about renting to tenants who received
LAHD Rent Stabilization Ordinance and Systematic Code Enforcement Program
By now (January 14, 2015), all landlords who own property in City of Los Angeles should have received their annual bill from the Los Angeles Housing and Community Investment Department. The fees for all rent
How to Determine the Rent Due for a Three Day Notice to Pay Rent or Quit
The Three Day Notice to Pay Rent or Quit is the first document that precedes an unlawful detainer that must be served upon a tenant. It is important to remember than when filling out a
New Courthouses to Hear Unlawful Detainer Cases
Los Angeles County has two additional courthouses that will start hearing unlawful detainer cases starting in 2015. Unlawful detainers can be filed in the Van Nuys Courthouse and Norwalk Courthouse starting January 5, 2015. If
Renting in Los Angeles
This Curbed article isn’t a legal article; however, it provides an interesting insight into the rental market for both landlords and tenants throughout Los Angeles County. 21 Signs that 2014 Was the Year of LA’s
End of the Year Estate Planning Reminder #2
Before 2014 comes to a close, it is important for those with extra cash or assets on hand to consider using the annual gift tax exclusion of $14,000 per year per recipient. A married couple
Year End Estate Planning Reminder #1
The end of the year, combined with the holidays and seeing family, is as good as a time as ever to review your estate plan or get an estate plan. This week I plan to
Gentrification and Evictions in Los Angeles
Curbed LA has an interesting article on gentrification in Highland Park. Unfortunately, when bringing up gentrification, evictions, or unlawful detainers are part of the equation. This article highlights the differences in unlawful detainers in the
Can I use my deposit for last month’s rent?
I get asked this question a lot, and the Los Angeles Times recently posted the same question on its website. No, a tenant cannot use a security deposit for last month’s rent. If a tenant
Using Joint Tenancy as an Estate Planning Tool
I often hear from clients and potential clients that they want to add a relative’s name to a piece of real estate as “joint tenants” in order to avoid probate. Although this is probably the
What Happens When a Co-Owner Wants to Sell
The right of one owner to sell real estate owned with partners is nearly absolute under California law. It does not even require a majority of the partners to agree to sell. As long as
Estate Planning for Childless Couples
The Wall Street Journal recently had an article entitled “Estate Planning for Childless Couples” that emphasizes the importance of different estate planning tools for your personal situation. I often tell people who do not have
Using a Prejudgment Claim of Right to Possession
When filing an unlawful detainer , or eviction, a landlord has the option to serve a Prejudgment Claim of Right to Possession to all unknown occupants. Many landlords do not that a Prejudgment Claim of
Is a new condo conversion unit still regulated by the Los Angeles Rent Stabilization Ordinance?
In an interesting but limited decision, the California Court of Appeals was required to review whether an apartment building that was converted to condominiums in 2009 but still left the existing tenants in the units
What is a Lis Pendens?
A Lis Pendens, also known as a “Notice of Pendency of Action” can be recorded on real estate through the County Recorder’s office. The purpose of a Lis Pendens is to provide “constructive notice” to
6 Estate Planning Moves You Should Make in Your 30s
Daily Finance has an interesting article for estate planning that should be addressed in your 30s. Estate planning is often equated with older people; however, there can be some estate planning moves that you can
Using a 529 College Savings Account for Estate Planning
Marketwatch has an interesting article on how you can use a 529 College Savings Account as part of your estate planning process. Estate planning is all encompassing so it is important to use a variety
Use the Web for Rent Payments? Landlords Beware
In a recent Los Angeles County Appellate Division decision, the Court found that a landlord must put a physical address for a tenant to pay rent on a 3 Day Notice to Pay Rent or
City of Los Angeles Warning Airbnb Hosts of Their Obligation to Pay City Taxes
The Los Angeles Times reports that the City of Los Angeles is preparing to send Airbnb hosts warning that they must pay the City’s hotel tax. This is an interesting issue as Airbnb initially started
Los Angeles Considering Expedited Process to Legalize “Illegal Apartments”
A huge issue facing landlords within the City of Los Angeles is renting units that may not have a certificate of occupancy. Often these units are garage conversions, converted apartments, or makeshit homes. Under the
Estate Planning for Young Families
Many couples with young children or those without children yet do not think estate planning is for them. Estate planning is often associated with old people or those with large estates. However, estate planning is
What is the Ellis Act?
The Ellis Act is a California law that allows landlords to get out of the rental business by taking their rental units off the market. The Ellis Act prohibits local governments from requiring a landlord
AirBnB Renter Who Refuses to Leave and Must be Evicted
There was a recent story about a Palm Springs AirBnB renter who refused to leave a condo unit. The resident agreed to a forty four day stay and paid for the entire month upfront and.
Newport Beach Seeks Supreme Court Review on Sober Living Home Ordinance
In a prior blog post I had written about Newport Beach’s Ordinance that was meant to regulate the location and number of sober living homes in the City. Recently, Newport Beach has decided that to
Service of the Complaint and Summons in an Unlawful Detainer
After a landlord files a complaint for unlawful detainer in order to evict a tenant, the Complaint and Summons must then be served on all named defendants. There is also a special procedure to serve
The Case of the Stripper Tenant Who Would Not Leave
KTLA recently ran a story regarding a stripper who rented a room from a family. Although the first year went smoothly, the tenant moved in some of her friends into the room, installed an air
Landlord-Tenant Issues Surrounding the Case of the Nanny Who Won’t Leave
The case of Diane Stretton and the Bracamonte family of Upland provides a warning to all homeowners who rent out individual rooms in their own homes. The case has received widespread attention and has left
Legal Reasons to Increase the Rent in Los Angeles
In units subject to the Los Angeles Rent Stabilization Ordinance, there are only a handful reasons that a landlord is allowed to increase the rent. Starting July 1, 2014, a landlord is allowed to increase
Memorial Day Weekend Discounts
For Memorial Day, Marinaccio Law is offering a 10% discount on all estate planning services for current U.S. military, U.S. military veterans, and law enforcement. Marinaccio Law offers a variety of services for estate planning,
Probate, Inheritances, and Property Taxes
The title to the article sums up USA Today’s article Divorce, Death, and Donald Sterling’s Boyhood Home. The article describes several properties in Boyle Heights still owned by Donald Sterling’s deceased mother and grandmother. In California, property
Legal Issues with Short Term Rentals
The City of Glendale has recently enacted a noise ordinance that targets properties that require police responses due to loud music and other nuisances. Glendale’s ordinance creates a series of fines after the police respond
What the Sriracha Hot Sauce Controversy Can Teach Other Business Owners
I was recently interviewed by Don Simkovich for his website www.examiner.com regarding how business and property owners can learn how to protect themselves from controversies similar to those facing Hong Fong Foods, the company who
How many people can you allow to live in a unit?
Limits on the number of people living in a unit are very common and often depend on the number of bedrooms, bathrooms, and size of the units. However, before making a limit on the number
Mickey Rooney’s Estate Dispute
A death in the family can bring out many emotions, and when wishes are unclear in an estate plan, some of those emotions can boil over among family members even when determining burial and funeral
Important Estate Planning Questions for Spouses
Dailyfinance.com has an interesting article entitled 3 Important Estate Planning Questions which provides three questions that are important for all spouses to discuss when drafting an estate plan. The first question, “How well does my spouse know
Blackstone Sued Over Habitability of Rented Home
The L.A. Times had an article today regarding a lawsuit by a tenant of Invitation Homes, a Blackstone subsidiary. Blackstone purchased tens of thousands of homes across the United States for the purpose of renting
Los Angeles Landlords Allowed to Pass on SCEP Costs to Tenants in June
Los Angeles landlords are allowed to pass on 1/2 of the registration fees under the Los Angeles Rent Stabilization Ordinance in June 2014. In 2014, the total cost allowed to be passed on to tenants
Renting Residential Units in a Commercial Space
A recent news article highlighted what could happen when a landlord rents a unit for residential use in a commercial structure. A landlord in South Los Angeles was required to pay $141,000 to nearly a
Consequence of Not Serving Rental Registration Certificate to Tenants in Los Angeles
A recent case highlighted an often overlooked requirement under the Los Angeles Rent Stabilization Ordinance (Los Angeles’ rent control). Under the Los Angeles Rent Stabilization Ordinance, a landlord is required to serve every tenant a
Resident Managers and Rent Increases under Los Angeles Rent Stabilization
A recent California decision highlighted the issues that emerge when a landlord releases a resident manager from employment but the resident manager continues to the live on the property. In particular, how the Los Angeles
Real Estate Salesperson Owes Same Duty to Buyer and Seller When Broker Represents Both
A recent California decision found that a real estate salesperson representing a buyer or seller has the same duty as the broker who represents both the buyer and seller. This could happen when a broker
Los Angeles Rent Stabilization Ordinance and Ellis Act Evictions
The Los Angeles Times reported a growing trend as the real estate market heats up and construction increases, evictions under California’s Ellis Act. Evictions from rent-controlled units on the rise in L.A provides a glimpse into non-fault
Fair Housing and Advertising for Landlords
Under the Fair Housing Act and California’s Fair Employment and Housing Act, advertisements to rent or sell housing must not discriminate or state a preference even if the housing is exempt from fair housing laws.
April is Fair Housing Month
April is Fair Housing Month, so I will be writing a few articles on how Federal and California fair housing laws apply to landlords, real estate brokers, property managers and other real estate professionals who
Mickey Rooney’s Estate Planning Dispute
The New York Daily News writes about an estate planning dispute of Mickey Rooney that has boiled over only days after his death. The article can be found here. Mickey Rooney had disinherited his eighth
Why Hiring an Attorney Can Save You Money on Your Estate Plan
Forbes has an interesting article, Careful, Thoughtful Drafting Essential in Estate Planning. It provides an interesting glimpse into do-it-yourself estate plans with the advice of an attorney. In California, a person can draft their own will in
Right to Repair Act Requires Notice to Builder Prior to Repairs
A recent California court found that under the Right to Repair Act (Civil Code Section 895 et seq.), a homeowner must provide notice of the construction defects to the home builder prior to doing any repair
Painless Estate Planning
CNN has a great article entitled “10 Steps to Painless Estate Planning” which discusses many of the issues I have discussed in past blog posts. It highlights the importance of having a written estate plan, including
Home Builder Contract Requirements to Bring a Lawsuit Upheld
Recently, a California court upheld a home builder contract that required a homeowner to provide notice to the builder of a construction defect claim, gave the right for the builder to inspect and fix the
Transfer Disclosure Statement Required for Mixed Use Properties With Four or Fewer Residential Units
A recent California decision found that a Transfer Disclosure Statement that is required on all sales of properties with four or fewer residential units also applies to a mixed use property that has four or
Arbitration Provision Not Enforceable to Dispute Validity of Trust
In a recent decision, a California court found that an arbitration provision in a living trust could not be enforced when the beneficiaries were disputing the validity of the trust document. McArthur v. McArthur was a case
Relocation Assistance in the City of Glendale
In a previous post, I discussed Glendale’s Just Cause Eviction Ordinance. In this post, I will be discussing a smaller piece of Glendale’s Just Cause Eviction Ordinance: relocation assistance. Under the Glendale Just Cause Eviction
How Renting Rooms Can Affect Your Insurance Policy
A recent unpublished decision in the California Court of Appeal should be a wake up call to property owners who claim that they occupy their home when in fact they rent it out. As a
Ensure You Understand Your Commercial Lease
Commercial leases can be complicated and filled with terms both the landlord and tenant do not fully understand. A recent unpublished opinion in the California Court of Appeal exemplifies how a little confusion over the
Estate Planning Lessons from Celebrities
Forbes has an interesting article entitled “Oscar Winners Teach Five Lessons on Estate Planning.” It is an interesting read and you can learn some big mistakes that are common on many estate plans. The five celebrities
Glendale’s Just Cause for Eviction Ordinance
Although the City of Glendale does not have rent control that limits the amount a landlord can charge tenants, Glendale has enacted an ordinance that regulates evictions in the City. The City of Glendale also
When should a landlord hire an attorney?
I often get asked from landlords and property managers when should I hire an attorney or can I do this myself. Although most landlord-tenant issues can resolve themselves without consulting an attorney, there are some
Making a Reasonable Accommodation to a Landlord’s No Pets Policy
Although a landlord can prohibit tenants having pets completely from a property, the Americans with Disabilities Act (“ADA”) requires a landlord to make a reasonable accommodation to a “No Pets Policy.” There are two types
What to Include in Your Pet Policy for Your Apartment Building
This week had an interesting news story about a North Hollywood landlord who requires all of her residents to have a pet if they want to live in her apartment building. Most landlords would scoff
Mistakes in Philip Seymour Hoffman’s Estate Planning
Celebrity deaths are often followed by a very public battle between heirs over the celebrity’s assets, fame, and residual income. This CNBC article entitled “Here’s Why Philip Seymour Hoffman’s Will is a ‘Mess’” helps others
Marinaccio Law Presents “Estate Planning Basics” to Hollywood/Los Feliz Kiwanis Club
Attorney Anthony Marinaccio spoke to the Hollywood/Los Feliz Kiwanis Club on the benefits of having an estate plan at their weekly meeting. The presentation included the reasons for having a will and revocable living trust,
Party Hosts Can Be Held Liable for Drunk Guests’ Acts When They Charge Admission to Party
The California Supreme Court recently interpreted and expanded California law to impose liability on a party host for a drunk guest that caused a motor vehicle accident when the party host charged admission to the
How to Serve a Three Day Notice to Pay Rent or Quit to Start an Eviction
Service of the Three Day Notice to Pay Rent or Quit can commence your eviction (also known as an unlawful detainer). If the Three Day Notice is not filled out properly or is not served
Los Angeles Tenants Could Pay Part of Earthquake Retrofit
Recently, a Los Angeles City Councilman has raised the possibility of having tenants subject to the Los Angeles Rent Stabilization Ordinance pay for earthquake retrofitting of apartment buildings. Currently, under the Los Angeles Rent Stabilization
Commercial and Industrial Common Interest Developments Treated Differently From Residential Developments
Recently, the California Legislature enacted SB 752, entitled “Commercial and Industrial Common Interest Developments.” Effective January 1, 2014, commercial and industrial common interest developments are treated differently from residential CIDs. Prior to 2014, commercial and
HOA Board Has Authority to Limit Rules for the Election of Directors
Recently, a California court found that a HOA (also known as a homeowner’s association) has the authority to adopt election rules for the election of directors when the rule is reasonable and does not conflict
Homeowners’s Association is Required to Take Partial Payments to Reduce Delinquent Assessments
Recently, a California court determined that a homeowners’ association governed by the Davis-Stirling Act to accept and apply partial payments to reduce delinquent assessments owed but not other amounts due, such as late fees, attorneys’
City of Los Angeles Rent Escrow Account Program Upheld As Constitutional
Recently, the Federal Ninth Circuit Court of Appeals upheld the City of Los Angeles’ Rent Escrow Account Program (“REAP”) as constitutional in Sylvia Landfield Trust v. City of Los Angeles. REAP is an administrative program in which
When to Change the Names of Beneficiaries on Accounts
This interesting article on Marketwatch entitled Don’t Make the No. 1 Estate Planning Goof offers an interesting insight into making sure that you change the names of beneficiaries to accounts that are payable upon death. Examples of
City May Waive Bidding Defect When It Is Inconsequential
In a recent decision, a California court found that a city may waive a bidding irregularity when it is inconsequential to the City’s decision. Here, the City of San Leandro (the “City”) selected the lowest
What We Can Learn From Actor Paul Walker’s Estate Plan
Forbes recently had an interesting article entitled Five Estate Planning Lessons from the Paul Walker Estate. It provides an interesting insight into the estate plan of the late actor that was valued at 25 million dollars. His
The Benefits of Hiring an Attorney to Draft Your Estate Plan
This article from Forbes Magazine, entitled What Could Happen If You Write Your Own Living Trust provides an interesting glimpse into the challenges faced by heirs or by someone still alive when attempting to draft their own
Is Putting Your Property in a Revocable Living Trust Enough?
You have signed your revocable living trust and will and believe that you have completed your estate plan; however, there are important options for ownership of your real estate that you may have overlooked. A
Do I Need to Mediate My Dispute?
There are many times when a real estate contract is in dispute. Parties think that the only way to resolve their dispute will be through the courts and litigation; however, many real estate contracts require
Investing in Real Estate With a Partner
You have found a perfect property but you realize you need a partner to close a deal. Choosing to have a partner can be for a variety of reasons. It helps to shoulder some start-up
What is a Three Day Notice to Pay Rent or Quit?
If you have a tenant that is behind on the rent, the first step in beginning an eviction is to serve a Three Day Notice to Pay Rent or Quit. However, the requirements for a
Tips to Begin the Estate Planning Process
Before seeing an attorney an estate plan, it may be important to sit down and think about some major issues that will need to be discussed with your attorney when you begin to craft an
Estate Planning Tips if You Have Minor Children
Estate planning is different for every age group and for every person; however, there are certain categories of persons that could especially benefit from estate planning. People with young children often do not think about
Increasing the Rent for an Additional Resident Under the Los Angeles Rent Stabilization Ordinance
Landlords of units subject to the Los Angeles Rent Stabilization Ordinance (the formal name for Los Angeles’ rent control) in the City of Los Angeles are able to raise the rent for additional tenants. Section
Eviction for Occupancy by Landlord or Landlord’s Family Under the Los Angeles Rent Stabilization Ordinance
Under the Los Angeles Rent Stabilization Ordinance, a landlord can evict a tenant to occupy a unit him or herself or for a landlord’s family member. Los Angeles Rent Stabilization Ordinance Section 151.09(A)(8) permits an
Is Your Unit Subject to the Los Angeles Rent Stabilization Ordinance?
Whether or not your property is subject to the Los Angeles Rent Stabilization Ordinance (“LARSO”), the name for Los Angeles’ rent control ordinance, is important to know. The City of Los Angeles Housing and Community
When does a Landlord Have to Pay Relocation Costs Under the Los Angeles Rent Stabilization Ordinance?
Under the Los Angeles Rent Stabilization Ordinance (“LARSO”), a residential landlord must pay relocation costs to a tenant if a landlord is evicting a tenant for a condominium conversion or for “no fault.” There are
What Happens if You Die Without a Will?
If you die without a will or other type of estate plan, the State of California will determine what will happen to any assets you have. Although each situation may be a little different, there
Advantages of a Revocable Living Trust
In California, one of the best methods for any real estate owner to avoid probate is to create a revocable living trust. A revocable living trust, if properly drafted and funded (more on that later),
Can I prohibit a Jury Trial in a Lease Agreement?
I have recently come across some older leases and rental agreements that have provided that jury trials are prohibited. Generally these clauses in the lease or rental agreement read that a tenant cannot request a
Legal Reasons to Evict a Tenant in City of Los Angeles
There are always a lot of questions as to why and when a landlord can evict a tenant if the unit is subject to the Los Angeles Rent Stabilization Ordinance (“LARSO”), also known as Los
Ninth Circuit Finds Newport Beach Ordinance Regulating Group Homes Discriminatory
The Ninth Circuit recently found that Newport Beach’s regulation of sober living homes violated the Fair Housing Act, the Americans with Disabilities Act, the California Fair Employment and Housing Act, and the Equal Protection Clause
California’s Beverly-Killea Limited Liability Company Act Set to Expire
California’s Beverly-Killea Limited Liability Company Act (Cal. Corporations Code Section 17000 et seq.) is set to expire on January 1, 2014. It will be replaced by the California Revised Uniform Limited Liability Company Act, which will
Dissolving a Partnership?
Although all partnerships start with great intentions and the hope for success, there are many circumstances when a partnership does not work out. It can be a dispute between partners, lack of profit, or a
Clauses that Every Partnership Agreement Needs
It is very important for every partnership to have a written agreement that spells out the duties, rights, and responsibilities of each partner. No matter how small the partnership is and how friendly the partners
What is a Mechanics Lien?
A Mechanics Lien is a hold against a property filed by an unpaid contractor, subcontractor, or material supplier. It is recorded with the county recorder’s office. If it goes unpaid, the unpaid contractor, subcontractor, or material
Three Day Notices in a Commercial Eviction
Commercial evictions can be different from residential evictions in many ways. One very important difference is that in a commercial eviction, a landlord may accept a partial rent payment after a Three Day Notice is
Landlord Must Disclose Notice of Default to Prospective Tenants
Starting on January 1, 2013, any landlord who rents a unit on property containing one to four units must disclose to prospective tenants any receipt of a notice of a default if it has not
Estate Planning Through the Stages of Your Life
This article from bankrate.com provides an interesting glimpse into how estate planning changes through the different stages of your life. As I have discussed in previous blog entries, estate planning is not a one time event that you do
Failure to Maintain Renter’s Insurance Not a Material Breach Under Residential Rental Agreement and Los Angeles Rent Stabilization Ordinance
In a recent decision by the Court of Appeal, a landlord was unable to evict a tenant who did not have renter’s insurance as required by her rental agreement. This decision has important implications for
Prohibiting Jury Trials is an Unenforceable Clause in a Rental Agreement
I have recently come across some older leases and rental agreements that have provided that jury trials are prohibited. Generally these clauses in the lease or rental agreement read that a tenant cannot request a
