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Show: results per page Sort by:  | Homeowners May Sue Design Professionals for Construction Defects
Jon E. Goetz; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article January 28, 2013, previously published on January 21, 2013 In Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP (--- Cal.Rptr.3d ----, Cal.App. 1 Dist., December 13, 2012), a California court of appeal found that a homeowners association could seek damages from design professionals for construction defects they alleged rendered...
| | Winery Which Has Plans for Pricy Premium Wine, But Has Not yet Turned a Profit, Has No Compensable “Goodwill” When Land and Vines Are Taken in Eminent Domain Action
William T. Chisum, Jon E. Goetz, Jeffrey L. Massey; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article December 7, 2012, previously published on December 6, 2012 A winery which planned to increase sales revenues by developing a flagship estate cabernet wine using grapes grown on its own vineyard land, but has never been profitable in the past, does not have a claim for compensation for lost goodwill when the State acquires a portion of the vineyard land for...
| | Lead Agency Could Not Bypass CEQA Review By Adopting a Voter-Sponsored Initiative as an Ordinance Instead Of Placing the Initiative on the Ballot
Jon E. Goetz, Jeffrey L. Massey, Leslie Z. Walker; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article November 26, 2012, previously published on November 23, 2012 A court of appeal created a split of authority when it ruled that California Environmental Quality Act (“CEQA”) review was necessary when a city approved a project, by adopting as an ordinance, an initiative petition that contained certified signatures of 15 percent of the registered...
| | Proposition 218’s Ban On Tax Increases Without Voter Approval Does Not Apply To Annexations
Jon E. Goetz, Jeffrey L. Massey, Brett L. Price; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article October 17, 2012, previously published on October 16, 2012 In Citizens Association of Sunset Beach v. Orange County Local Agency Formation Commission (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., October 5, 2012), a California Court of Appeal considered whether Proposition 218’s ban on tax increases without voter approval required a vote in a newly...
| | Condominium Developers Can Require Arbitration for Construction Defect Lawsuits Through Project CC&Rs
Jon E. Goetz; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article October 10, 2012, previously published on October 8, 2012 The California Supreme Court recently held that the developer of a condominium project may unilaterally impose arbitration on an owners association by recording a declaration of covenants, conditions, and restrictions that imposes mandatory arbitration for construction defects. (Pinnacle Museum...
| | Taxpayer’s Due Process Rights Were Not Violated When Attorneys From The County Counsel's Office Represented The Assessor And Advised The Board Of Equalization
Jon E. Goetz, Jeffrey L. Massey, Brett L. Price; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article October 2, 2012, previously published on September 26, 2012 The United States Court of Appeals for the Ninth Circuit recently held that dual representation pursuant to a California statute that allows individual representatives from the county counsel’s office to represent the assessor and the county board of equalization, as long as the same...
| | A Lender’s Claim For “Bad Faith” Waste Is Actionable Notwithstanding Antideficiency Statutes Unless The Waste Results From Economic Pressures Of A Depressed Market
Jon E. Goetz, Amara Harrell, Bruce A. Scheidt; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article September 4, 2012, previously published on August 29, 2012 A California Court of Appeal recently held that notwithstanding the antideficiency statutes, the holder of a note and deed of trust that exercises the power of sale may bring an action for bad faith waste and impairment of security that results from the destruction of a building on the secured...
| | Slumlord Must Repay Insurer For Settling Tenants’ Substandard Housing Conditions Lawsuit
Jon E. Goetz; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article August 15, 2012, previously published on August 13, 2012 A court of appeal recently held that an alleged slumlord was not covered by liability insurance in connection with her tenants’ claims of substandard living conditions and that the landlord’s insurer could recover from the landlord the amount it paid to settle the tenants’...
| | Annual City Apartment Inspections And Inspection Fees Are Upheld
Jon E. Goetz, Jeffrey L. Massey; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article August 3, 2012, previously published on July 27, 2012 Residential landlords can be required to submit their rental properties for annual city inspections, and can be required to pay a city inspection fee, under a recent court of appeal ruling. (Griffith v. City of Santa Cruz (--- Cal.Rptr.3d ----, Cal.App. 6 Dist., July 16, 2012).
| | UPDATE: Charter City Not Required To Pay Prevailing Wage On Municipal Construction Projects
Jon E. Goetz, Jeffrey L. Massey; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article July 19, 2012, previously published on July 17, 2012 In a decision strongly upholding the municipal home rule doctrine, the California Supreme Court held that charter cities are not subject to state prevailing wage requirements for purely local construction projects. The Court ruled that the wage levels of workers on a city-funded and operated...
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