Special can assessments arise in many different situations. Typically, a homeowner’s association (HOA) either has no reserve fund or an insufficient fund in place in order to cover large-scale repairs or other emergency situations. In such instances, special assessments are typically levied against homeowners covered by the HOA. In California, the imposition of special assessments is dealt... Read More

Creditors have a number of options in their arsenal when seeking to get repaid. One of those options is to file an involuntary bankruptcy petition against a person or company that owes them money. There are many reasons why creditors may want to initiate involuntary bankruptcy proceedings: Creditors may seek to avoid insider transfers made before the filing of the involuntary bankruptcy; Creditors... Read More

After an administrative law judge orders one party to pay another as part of the PACA reparations process, the prevailing party must then enforce that order, known as a “reparations order.” It should first be stated that, like Court-ordered judgment, reparations orders can be appealed. An appealing party must adhere to the time limits... Read More

At the beginning of a residential tenancy, almost all landlords require that their tenants pay a security deposit to account for unpaid rent, cleaning, and repair of the property. California law specifies the maximum amounts that a landlord can require for a security deposit. Those amounts depend on whether or not the property is furnished, and whether or not the tenant has a waterbed. Read More

The Perishable Agricultural Commodities Act (“PACA”) was enacted by Congress in order to promote fair trade in the fruit and vegetable industry. The statute promotes fair dispute resolution between produce buyers and sellers and also protects sellers of produce by way of a statutory trust. The focus in this article... Read More

Most unlawful detainer (eviction) lawsuits in California tend to be based upon a tenant’s failure to pay rent. In those cases, a landlord typically has to serve notice to the tenant and provide that tenant three days during which to catch up on the past due rent before he or she can file a lawsuit to evict the tenant. This notice is called a 3-Day Notice to Pay Rent or Quit and allows the tenant... Read More

In connection with representing small businesses, our office regularly negotiates commercial leases on behalf of commercial tenants. One of the most frequent questions we receive is whether or not the terms of commercial leases are negotiable. The short answer is yes; however, the extent to which your landlord will negotiate the terms of a commercial lease depends on numerous factors. In this... Read More