• Gavel, Scales, Law Books

    Aggregate Operation Expansion EIR Challenged

    May 14, 2021

                When a large project is proposed, such as Syar Industries expansion of its aggregate operations in Napa County, the California Environmental Quality Act specifies what must be included in the environmental impact report (EIR) analyzing the project and its impacts. It is not uncommon for a large project to be challenged in court claiming [...]

  • Housing Law

    Prescriptive Easement Law 101

    May 12, 2021

    A common occurrence in my real estate practice involves one person using another’s property, whether it be a path, a driveway, for parking or even a fence over the true property line.All of you jailhouse lawyers know or think you know that if one person uses another’s property for a few years, they can go [...]

  • Contractor’s License Glitch Means No Recovery Of Money Due

    May 7, 2021

                The Law Review has analyzed a few cases where a contractor was denied recovery of money rightly due from an owner because the contractor was not “properly licensed at all times during performance of the work.” In most of the cases, the contractor was not licensed due to a technicality with the license. E.g., [...]

  • California Supreme Court Rules Bail System Unconstitutional

    April 30, 2021

    In a landmark case with amicus curia briefs filed by dozens of stakeholders throughout the Country, the California Supreme Court unanimously ruled that the current bail system unconstitutionally discriminates against individuals charged with crimes who are unable to afford bail.             In re Kenneth Humphrey is a groundbreaking change in the law. ROBBERY OF ELDERLY [...]

  • Will Challenged By Disinherited Grandchild

    April 16, 2021

    Kelley R. Carroll, a certified specialist, handles estate planning and will contests in our office with the help of our firm’s litigation department. I do not handle any, be forewarned. CLOSE FAMILY RELATIONSHIPS SO FAR             Catherine “Kay” Pearson died in December 2016 at the age of 90 years. She had a close relationship with [...]

  • Covid 19

    Can I Stop Paying Rent or be Excused from My Contract? Understanding and Enforcing Force Majeure Provisions in a Global Pandemic

    January 5, 2021

    Our previous blog post discussed SBA disaster loans and companies needing to consider a capital infusion to stay afloat during the Covid-19 pandemic. But what about cancelling contracts or being excused from performing contractual obligations? This question is answered by determining whether nonperformance was contemplated in a “force majeure” provision, or if the coronavirus [...]

  • Rental Lease Agreement

    Landlord Disclosures to Tenants Under California Law: The Residential Lease

    December 30, 2020

    Real estate sales continue to flourish in the Tahoe-Truckee region. Landlords that have bought income-producing properties commonly request our assistance drafting and analyzing residential leases. Similar to the purchase and sale of real estate, California law mandates that certain disclosures be provided to tenants. Other disclosures are not mandatory unless they relate to the rental [...]

  • Covid 19

    California’s Response to Covid-19: Regional Stay-at-Home Order Precludes Hotel, Lodging, and Short-Term Rental Reservations

    December 17, 2020

    On Friday, December 11, 2020, the Regional Stay-at-Home Order (the “Order”) went into effect in Nevada and Placer County. The Order was announced by Governor Newsom on December 3, 2020, supplemented on December 6, 2020, and becomes effective if Intensive Care Unit (ICU) bed capacities dip below 15% in one or more of five California [...]

  • Rental Lease Agreement

    California, Nevada and Federal Covid-19 Tenant Eviction Protection Legislation

    November 30, 2020

    CALIFORNIA On August 31, 2020, Governor Gavin Newsom signed AB 3088 enacting the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020. The Act was signed into law to address what is expected to be an overwhelming number of residential evictions resulting from the COVID-19 pandemic and associated business closures. The Act [...]