In SIRY INVESTMENT, L.P. v. FARKHONDEHPOUR, the Supreme Court resolved a conflict in lower courts by ruling that treble damages and attorney’s fees pursuant to section 496(c) are recoverable in theft-related business tort cases. The Court found it applies so
Simkin & Associates
Simkin & Associates is a legal publisher associated with real estate and business law topics. The organization provides analysis and commentary on issues such as real estate licensing and fees, corporate and LLC registration requirements, immigration law procedures including FOIA requests, and contract law developments. Their content includes practical legal guidance, case law interpretation, and regulatory updates relevant to attorneys, brokers, and business owners. The publisher also offers insights into legal writing techniques for attorneys, emphasizing persuasive communication. The focus is on providing detailed, practice-oriented information primarily related to real property law, corporate compliance, and administrative law matters.
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Copyright “Fair Use Doctrine” — Explained Plain and Simple MCGUCKEN V. PUB OCEAN LTD. D.C. No. 2:20-cv-01923
Lawyers tend to overlook the simple truth about the four elements “fair use doctrine” under 17 U.S.C. § 107 stretching arguments far beyond common sense. A recent case clearly sets out the commonsense aspect of “fair use”. In MCGUCKEN V.…
Arbitration Clauses May Not Be Enforceable Against Poor Plaintiffs! See Aronow v. Superior Court (Emergent)
A trial court that granted a defendant’s petition to compel arbitration has jurisdiction to lift the stay of trial court proceedings where a plaintiff demonstrates financial inability to pay the anticipated arbitration costs; in such a situation, the court may…
School Bullying and Parent Liability
The law provides in part that a minor’s “willful misconduct” causing injury or death to another, or damage to the property of another, “shall be imputed to the parent or guardian having custody and control of the minor” for civil…
Property Managers are not paid for “on call” or “standby” time
Brewer v. Patel (1993) 20 Cal.App.4th 1017 made it clear that “on call” or “stand-by” time or waiting time is not compensable to property managers when they are waiting for a plumber or prospective renter to show up. Brewer v.…
AB832 New July – September 2021 Statewide Covid Related Rent Laws (As of June 25, 2021)
The California state legislature has passed, and the governor signed, AB832. Here is the text of AB832
See also Governor Newsom AB832
The highlights are:
- Extension of Moratorium. Senate Bill 91, the statewide eviction moratorium and rental assistance bill, is
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Is it unethical for attorney’s to use unenforceable (e.g. illegal) contracts? Yes! See Rule 1.2.1
Crossing the line and too much information! Effective Nov. 1, 2018 Cal. Rule of Professional Conduct 1.2.1.
The issue is if a lawyer knowingly choses a form, that is outdated, because he likes that it contains a clause beneficial to…
Non-Tenants Do Not have Fair Housing Rights! See Salisbury v. City of Santa Monica, No. 20-55039 (2021) “no parking for you”
Conformed pages Complaint Finally, common sense prevails in Santa Monica “related to housing laws”! In the Federal (9th Circuit) case of Salisbury v. City of Santa Monica (2021) What is even more entertaining, is the video argument. Check it…
Title Insurance Lost Through Transfer of title among owners — Kwok v. Transnation Title Ins. Co. (2009) 170 Cal.App.4th 1562
Partners, and spouses, can lose title insurance if they transfer title out of their names or the entity in which they took title without first obtaining the proper title insurance Endorsement. The most common endorsement is called a Residence Held…
Residential Tenants Cannot Be Compelled to Arbitrate and waive their right to jury trial (Civil Code §1953)
Residential leases, in any facility where a person “resides”, cannot contain a mandatory arbitration clause. The plain language of Civil Code Section 1953 states that waivers of litigation rights in a lease or rental agreement are void as public policy,…