Saturday, November 28, 2015

New Meet & Confer Rules For California Demurrer and some motions - CCP 430.41, 435.5, 439


[Update - - my short 2015 post about demurrers' new meet & confer rule needs to be updated, now to include other motions, also requiring meet & confer step effective January 1, 2018.
CCP § 435.5 covers motions to strike, and CCP § 439 judgments on the pleadings, both with the exceptions similar to ones previously secured for demurrers under 430.41 (unlawful detainer, incarcerated moving party) and adds two more exceptions (anti-SLAPP motions and a motion brought less than 30 days before trial).]


Thursday, October 8, 2015

Ellis Act Victory for SPOSFI -- Ordinance 68-15 Is Stricken

Another great victory for the Small Property Owners of San Francisco Institute and Zacks & Freedman (URL upd. 06/26): Rent Ordinance No. 68-15 is stricken and found as "unreasonable" as its predecessor, Ordinance No. 54-14. Look at the case's online record here, (URL upd. 06/26) to see the October 2, 2015, order.

Thursday, September 24, 2015

Passing On Eviction Protections 2.0

On September 22, 2015, the Board of Supervisors passed a set of proposed amendments to the Rent Ordinance. The did it in first reading, and for the most parts of the proposal voted for it 11 to none. This amendment must be a no brainer then, if it met such support, yet the joyous media coverage avoids to talk details. Let's give it a try here.
[Update 11-21-15] - the amendments became effective on November 9, 2015. The Rent Board's published version of the Rent Ordinance now reflects the changes; the multilingual form now required to be attached to the eviction notice is published here (URL upd. 05/26).
[Update 12-5-15] - 3 amended and 1 new Rule in 6.xx series became adopted, effective December 4.

Tuesday, August 18, 2015

City of Richmond, CA, enacts Rent Ordinance

Our neighbor city across the Bay became the latest municipality to enact a rent ordinance. It was adopted on August 5, 2015, and is codified as Richmond Municipal Code, Article XI, Section I, Chapter 11.000, named the "Rent Control and Just Cause for Eviction" ordinance. It goes into effect on September 4, 2015, 30 days after its adoption.
[UPDATE 10-1-2015: the ordinance is suspended (URL upd. 06/26) while placed on the referendum ballot for voting]

Monday, July 20, 2015

New Units Added During Seismic Renovation Will Be Subject To Rent Ordinance

A recent new ordinance (coded 30-15, File No. 140954), introduced by Supervisor Wiener, allows for new rental units be added to existing structures during their seismic renovation, providing for necessary exemptions in the Planning Code. This ordinance was passed (URL upd. 06/26) by the Board of Supervisors unanimously. What does it mean from the rental perspective?

Monday, July 6, 2015

Fresh Amendment to Ellis Act Relocation Payments Ordinance

The San Francisco Rent Board has recently amended Section 37.9A of the San Francisco Administrative Code, capping the amount of proposed relocation payments at $50,000 (URL upd. 05/26). This is still an about three times larger amount than what is currently allowed, but at least there is now a limit.

Monday, June 22, 2015

1:1 - Two Recent Attacks on Ellis Act Notice Went Different Ways


Within one week the Appellate Division of the San Francisco Superior Court issued two decisions addressing requirements for an Ellis Act eviction under S.F. Admin. Code, Section 37.9A(f), taking an evidently different approach in reading the section in two cases and achieving opposite results.