Entries by Peterson, Martin & Reynolds LLP
BRE Wrongfully Denies Broker’s License to Applicant Who Established Rehabilitation After Fraud Conviction
Dave Singh was born in India, became a U.S. citizen at age 21, and worked for the FBI and later as a police officer. He was the head of household of extended family members, many of whom did not speak English. Singh’s elderly father received government assistance to cover the cost of receiving care at […]
Intermittent Possession Puts Owner On Notice Of Prescriptive Easement
Intermittent Possession Puts Owner On Notice Of Prescriptive Easement – Jonathan Finke In 1960, Fred and Viola Fluckiger purchased their home in a quiet neighborhood outside of Los Angeles. Shortly thereafter, they poured a concrete driveway partially encroaching on their neighbor’s property. The Kings subsequently purchased the property from the Fluckigers in 1994 and […]
Right to Repair Act Requires Notice to Builder Prior to Repair of Damage
Right to Repair Act Requires Notice to Builder Prior to Repair of Damage – P. Kurt Peterson Dipak Roy purchased a home in 2004 constructed by KB Home Coastal, Inc. KB’s corporate address for notice of defect claims was listed in the purchase materials. In March, 2010, Roy discovered a water leak in the home […]
Listing Agent and Property Owner Have Duty to Notify Visitors of Concealed Dangerous Condition of Which Agent Has Actual or Constructive Knowledge
Aurora Loan Services owned a foreclosed residence in Lafayette and retained Rockville Realty as the listing broker. The home had an attic that was converted into a “bonus room” with a pull-down stairway ladder hinged with metal brackets. Hall, a real estate agent showing the home to a prospective buyer, fell and was injured when […]
Commercial Lease Allowed Only One Extension of Term Absent Clear and Explicit Language Granting Perpetual Extensions
The commercial property lease in this case gave tenant “the option to extend the term of the lease for additional five year periods upon the same terms and conditions contained in the lease”. After the first term was up, the tenant elected to extend the lease for an additional term and thereafter attempted to do […]
Strict Adherence to Lease Not Required Where Counsel Instructs Otherwise
DW August Co. (“DW”), landlord, rented commercial property to Eucasia Schools Worldwide, Inc. (“Eucasia”), on which Eucasia operated a private school. DW and Eucasia had a strained relationship involving prior litigation. Starting in April of 2010, DW always communicated with Eucasia through DW’s counsel. In April of 2010, DW listed the property for sale […]
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