In another case, a commercial lease provided that the landlord, within 30 days of receiving notice that the tenant intended to sublet or assign the lease, could terminate the rental agreement, enter into its own lease with the intended sublessee or assignee, and keep all the profits realized on account of the termination and reletting. (Carma Developers, 2 Cal. 4th at 351-352.) The landlord did exactly what the lease said it could, terminating the lease after receiving notice of the intent to sublease and then negotiating directly with the intended sublessee.The tenant argued that the implied covenant of good faith and fair dealing prevented the landlord from ending the lease unless its objection to the transfer was in good faith. The court of appeal agreed, concluding that as a matter of law the landlord's termination of the lease "solely to realize a profit" breached the implied covenant. But the California Supreme Court reversed, holding that the landlord's "termination of the lease in order to claim for itself appreciated rental value of the premises was expressly permitted by the lease and was clearly within the parties' reasonable expectations." (Carma Developers, 2 Cal. 4th at 376 (emphasis added).)
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Latin for "at first sight." Prima facie may be used as an adjective meaning "sufficient to establish a fact or raise a presumption unless disproved or rebutted;" e.g., prima facie evidence. It may also be used as an adverb meaning "on first appearance but subject to further evidence or information;" e.g., the agreement is prima facie valid. common areas, knowable hidden defect (must warn not repair), assumption of repair, public use...===exceptions to landlord's absence of tort duty to make premises safe STUDY DROID PLEASE
http://www.proprofs.com/flashcards/story.php?title=md-bar-exam-july-2009-real-property Why being religious and studying Bible Proverbs clear mind?
1, if apt 2 distracting her intention by using this jealous triggering intent to move back outside parking into inside; CONCEALMENT when she ask for this parking space 2, child is autistic but she keep leaving voicemail to request biasedly 3, "u don't understand me. Maybe I ask Mr. Lam's son to talk to me" / "r u listening?" (In the beginning of the phone call, apt 2 accused: "u r not listening and stop") 4, is there a car in your parking spot? 5, is that car white in color? 6, how many days parking there? (apt 2 said, i am going to ask him to MOVE IT OUT) ALTHOUGH she hung up, she is buying time because she is RENTING HER own car spot out possibly. 7, ANSWER: "WE DO NOT HAVE AVAILABLE VACANT SPOT FOR YOUR CAR. YOU RISK being towed." $60 each
Motion or other paper requiring a hearing (unless it is the party’s first paper and the first paper filing fee is paid), including the following: Motion listed under CCP 1005(a)(1)–(12)46 Motion or application to continue a trial date 47 Discovery motion under CCP 2016.010 et seq Options for handling a post-judgment debt
After the lawsuit you may be surprised to find that the amount of the judgment is far higher than the original debt. This is because court and attorneys fees were added to the balance. Many states also allow the creditor to charge post-judgment interest as well. Because the debt can be large and the collection action severe, know the various methods for handling a judgment and choose the option that makes the most sense for you.
TDS Revised to Include Construction Defect Litigation
Effective July 1, 2014, the Real Estate Transfer Disclosure Statement (TDS) has been revised to require disclosure of the seller’s knowledge of certain construction defect claims for newly constructed homes under a law commonly referred to as SB 800. As amended, the TDS will inquire, in question 16 of Section 11C, as to whether a seller is aware of any claims or lawsuits involving construction defects threatening to or affecting the real property, including any pre-litigation claims of a construction defect, claims of breach of warranty, or claims for breach of an enhanced protection agreement under SB 800. Senate Bill 652. Literal Translation of “Notary Public” in Ads Prohibited
Effective October 5, 2013, any person who is not an attorney is guilty of the unauthorized practice of law for literally translating from English into another language any words that imply that the person is an attorney, including “notary public,” “notary,” “licensed,” “attorney,” or “lawyer” in any advertisement or other document. The literal transaction of the phrase “notary public” into Spanish as “notario publico” or “notario” (which means in Spanish an attorney with special credentials, not a notary public) are explicitly prohibited by anyone other than an attorney. A person who violates this law may be held liable in a civil action brought by the State Bar for a penalty up to $1,000 per day for each violation. The civil penalty is in addition to any other remedies, including criminal prosecution for a misdemeanor punishable by one year imprisonment, plus a $1,000 fine. Assembly Bill 1159. Adjoining Owners Equally Responsible for Shared Fences and Boundaries
Commencing January 1, 2014, adjoining landowners must share equally the responsibility for maintaining boundaries and monuments between them. Adjoining landowners are presumed to share an equal benefit from any fence dividing their properties, as well as equal costs for construction or maintenance, unless otherwise agreed in writing. This new law also provides specific procedural requirements for an owner who intends to incur costs for a division fence to notify the adjoining owner of the estimated costs and other information. Existing law enacted in 1872 which requires a homeowner who fully encloses a property to refund a neighbor a just proportion of the value of a division fence has been repealed. Assembly Bill 1404. |
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