The CDC's Order temporarily halted residential evictions to prevent further spread of COVID-19 in ALL jurisdictions of the United States through December 31, 2020. To invoke the CDS's order, all tenants listed on the lease must provide an executed copy of the Declaration form (or a similar declaration under penalty of perjury) to their landlord. [...]
On April 6, 2020, the Judicial Council of California placed on hold nearly all evictions in the entire state by enacting 11 emergency rules of the California Rules of Court due to Covid-19 crisis . A previous order issued by Governor Newsom expanded the Judicial Council’s emergency authority, making Monday’s sweeping action possible. However, the [...]
On April 2, the U.S. Small Business Administration (SBA) released an Interim Final Rule clarifying key provisions of the loan application and forgiveness process under the Paycheck Protection Program (PPP) of the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act or Act). Important Clarifications and Modifications to the PPP Made in the Interim [...]
In a recent case, the court of appeal held that a lis pendens was completely void and therefore subject to expungement because service was improper, absent undue delay in moving to expunge. Evidence that an agent for plaintiff contacted defendants to discuss the lis pendens 78 days before defendants moved to expunge did not establish [...]
Son of parents in rent-controlled building takes over his parents’ lease, still protected by rent control
The recent decision of the California Court of Appeal, Mosser Companies v. San Francisco Rent Stabilization and Arbitration Board (2015) can have serious implications on landlords in rent controlled jurisdictions. In jurisdictions subject to rent control, an owner of residential real property may establish the initial rental rate for a dwelling or unit. Local jurisdictions [...]
Can a borrower in California bring a preemptive action to challenge a lender’s authority to foreclose?
Can a borrower bring a preemptive action to challenge an entity's authority to foreclose?This question was not yet resolved by the California Supreme Court. First, some courts have held that borrowers cannot bring a preemptive action to challenge an entity’s authority to foreclose, reasoning that these actions would “’fundamentally undermine the nonjudicial nature of the process [...]