Thursday, June 1, 2017

Hayes v Kardosh - Rule 12.20 explained and limited

In April an appellate decision came down in Hayes v. Kardosh, containing a detailed discussion about the extent of Rule 12.20 limitations in changing the terms of a tenancy, explaining its meaning within the San Francisco Rent Ordinance and particularly applying it to the Rules 6.15 regarding prohibition on subletting. It is too bad the decision is not certified for publication, but its reasoning still worth reading.

Thursday, February 2, 2017

Back to futuristic—for my future laptops I shall look over the shoulder

This is what happens to people, who are left idle to themselves—they may start thinking about some irrelevant stuff. This happened to me: I got sick and, under the influence of “Tera Flu,” could neither work, nor sleep. So it got me thinking. And who am I to think about work, while on vacation away from boss (me, when I am not sick, is that boss of mine)? So, not a word about work or law, here, I promise.

Sunday, January 15, 2017

New rules on restricting access to unlawful detainer records

Unlawful detainer records used to be "masked" from public access for the first 60 days and then, if no defendant settled or got dismissed in the interim and the case was still going on, the record would become publicly available. Case's records were opening up by default—a stipulation or a court order was required for the records to become hidden again. Now the order of things is refersed—it remains masked by default, and only upon a certain condition opens to public. Assembly Bill No. 2819, amending CCP § 1161.2 and establishing CCP § 1167.1, effective January 1, 2017.

Thursday, December 29, 2016

New rest period policies in California

On December 22, 2016, California Supreme Court in Augustus v. ABM Security Services (Case S224853)  has reversed the prior decision made by the appellate court [233 Cal.App.4th 1065 (2014) as modified 1/29/15], and pretty much established new rules applicable to the rest period policies.

Monday, October 31, 2016

"Educators" ban on evictions is gone, for now

On September 28, 2016, the San Francisco court adjudged the writ of mandate granted on August 31, invalidating the infamous ordinance of last year, which was injecting a new type of a protected tenant, the "educators." That the new limitation was overbroad and unnecessary wide, both as to covering categories of tenants, and in including previously unheard-of amount of types of evictions (even the temporary move-out for repairs)—all that I have already had an opportunity to cover in my earlier post. Thus, the Court's decision, invalidating the ordinance, was not a surprise to me.

What is surprising is how the Court arrived to invalidating this ordinance. This path seems to me worth our attention, to make a mental note in case of a similar argument in the future.

Thursday, September 29, 2016

10-year ban on residential mergers following non-fault eviction is confirmed as invalid by the appellate court

On September 19, 2016, San Francisco homeowners got confirmed in their relief, when the appellate court affirmed our county court's decision to strike a 10-year ban on residential mergers, following a non-fault eviction. The decision became final on October 24 (3 Cal.App 5th 463).  And yes, we are now in the fifth series of appellate decisions, since July 1, 2016.

Sunday, August 14, 2016

Rent Control News

Despite the studies hinting to the contrary, rent-control regulations continue to spread in the Bay Area. San Mateo, Mountain View, and Richmond are slated to vote on the rent control measures (example articles covering it are here and here). This post covers the ones currently pending and a few hoping to join the movement; take notice, if you have property interests in the areas affected.