Residential landlords must be careful in the wording and explanation of arbitration provisions in lease agreements, especially with Spanish speaking residents. In a recent case, Penilla v. Westmont, a California Appeals Court found that an arbitration provision in a...
"I obtained a DBA ("doing business as") for my corporation by filing a fictitious business name statement. Does that mean that the name of my business is protected from others who may want to use it?"Unfortunately, quite a few small business owners are under the...
"I'm a member of the Board of Directors of a local nonprofit organization and have been told that I owe a 'fiduciary duty' to the tax-exempt organization. What is a fiduciary duty?"It's very common for volunteers serving on a board of directors of a nonprofit...
Since our last update on the debacle surrounding the administration of Prince's estate, many news agencies have highlighted the astronomical costs incurred as a result of his lack of estate planning (as well as other disputed aspects of the estate, including the...
The Loftin Firm, P.C. is pleased to announce it received an Excellence Award as one of the Top 20 Real Estate Firms in San Diego County for 2016 from Expertise. The award is made possible by the work of the entire Loftin Firm team - thank you! To learn more about the...
You read in a newspaper or online a new commercial development has been approved by the City/County in your neighborhood. You do not want the commercial development. What can you do to stop it? If the commercial development has already been approved and you did not...
Litigation, and all legal representation, creates by necessity an abondonment of "secrets" by the client. The abondoment of "secrets" by the client is protected by the Attorney-Client Privilege. In DP Pham LLC v. Cheadle (2016) 246 Cal.App.4th 653, the...
In part 1 of this 3 part blog, we reviewed steps needed to understand what you own or have inherited. Now that you have an understanding of the property, you may have decided to keep the property and operate it for income purposes. This blog will review issues...
Many of our clients are multi-generational property owners; sometimes the junior family members are involved in the business and are ready to step into ownership of the commercial real estate. Other times, those who inherit the property have never owned the particular...
Community Associations or Homeowners Associations for many years have prohibited outdoor drying of laundry. The intent of the Associations and owners of multifamily properties was to maintain the aesthetics of the property for everyone's benefit. The California...