News & Publications

Court Of Appeals Clarifies Conditions For Tenant’s Surrender Of Premises

Many commercial landlords are faced with a tenant's surrender of the premises. When a tenant breaches a commercial lease by abandoning the leased premises, landlords often wonder whether they can sue the tenant to collect the remaining rent owed through the end of the lease term. If the commercial lease allows the landlord to recover "accelerated rent" (and if it contains the appropriate liquidated damages language), then the landlord may be able to recover a lump sum [...]

The “Good Neighbor Tax Credit”: Helping Those Who Help Others

Responding to the winter storms of 2023 that have battered California, Assembly Member Dawn Addis has introduced Assembly Bill 877, the "Good Neighbor Tax Credit," that, if enacted, would provide a tax incentive to qualified owners of transient lodging that make rooms available, free of charge, in support of the bill's stated goal of "increasing access to shelter for displaced persons during declared emergencies, including natural disasters." For the 2023 through 2028 tax years, AB [...]

HOA Has Standing To Bring A Claim On Behalf Of Homeowners For Construction Defect Claims

In the case of River's Side at Washington Sq. Homeowners Assn. v. Superior Court, 3d. Cir. No.C095860 (2023), a homeowners association successfully argued that it had standing to sue for construction defects on behalf of individual unit owners. Under the Right to Repair Act, homeowner associations do not have standing to sue on behalf of members for construction defects within individual units, but may sue for defects in the common areas. In this case the court [...]