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Airbnb, Inc. v. City of San Francisco

Airbnb, Inc. v. City of San Francisco

By Jennifer Felten  Airbnb, Inc. runs an online platform where people can list properties for short term rentals.  Airbnb, Inc. filed lawsuit in the U.S. District court for the Northern District of California on last month seeking to enjoin the recently enacted amendments to the city’s so called “Airbnb law” claiming the law is a […]

Ownership, Possession and the Unlawful Detainer Process (Eviction)

Ownership, Possession and the Unlawful Detainer Process (Eviction)

By Jennifer Felten The difference between ownership and possession came into sharp focus for a woman in Nashville last month when she bought her first home.  After taking title to the property she was shocked to find that the seller was still in the property refusing to leave. The fact is that most people think […]

Court sides with HOA in case against Short Term Rentals

Court sides with HOA in case against Short Term Rentals

Case of the Month:  Almanor Lakeside Villas Owners Association v. Carson Almanor Lakeside Villa Owners Association (“HOA”) filed a lawsuit in Santa Clara County Superior Court against property owners, James and Kimberly Carson (“Carsons”), after they rented out their properties as short term vacation rentals. The subdivision in question was originally designed with several lots […]

It’s mine! Case decided in court as heirs via for real property

It’s mine!  Case decided in court as heirs via for real property

By Jennifer Felten Carne v. Worthington This case involves a dispute over the ownership of a property owned by Kenneth Liebler before his death. Liebler’s daughter, Melanie Carne, as successor trustee to the Kenneth Liebler Irrevocable Trust dated December 21, 2009 (the “2009 Trust”), filed a petition in probate court to confirm the validity and […]

Defendant sentenced to 14 years for bilking Financial Institutions out of $16 Million

Defendant sentenced to 14 years for bilking Financial Institutions out of $16 Million

By Jennifer Felten United States v. Vera Kuzmenko In this case the United States government brought an action against defendant Vera Kuzmenko, a real estate agent, and others, on account of a massive real estate fraud she orchestrated. The scheme involved the defendant obtaining real estate commissions by submitting grossly fraudulent loan applications to lenders […]

State Law Prohibits Cities from Enforcing Brown Lawn Ordinances: Brown is the New Green

State Law Prohibits Cities from Enforcing Brown Lawn Ordinances: Brown is the New Green

By Jennifer Felten The state of California is a little low on water. In fact, on January 17, 2014, the Governor proclaimed a State of Emergency relative to the water shortage and directed state officials to take all necessary actions to make water immediately available. Despite the water shortage, local ordinances in many areas require […]

Consider a replacement for Justice Scalia

Consider a replacement for Justice Scalia

By George Miller RIP Justice Antonin Scalia. Our prayers are with you  You were a memorable man who served a very memorable term. Highly intelligent, educated, dedicated and passionate, you defended the Constitution to the best of your abilities, as near as you could to its letter and “original intent.” You even popularized the term “originalism.” Yet many disagreed with you and […]

Man transfers title to himself: City stuck trying to reclaim home of San Diego Padres

Man transfers title to himself: City stuck trying to reclaim home of San Diego Padres

By Jennifer Felten Case of the Month: People v. McQuaig The City of San Diego is learning the hard way that real estate fraud can be both a criminal matter and a civil matter. Apparently, in 2014 Derris McQuaig decided that he wanted to own Petco Park, the baseball stadium for the San Diego Padres. […]

California Approves Use of Transfer Upon Death Deed

California Approves Use of Transfer Upon Death Deed

In California, where property values are high, the cost to probate an estate for the transfer of a home is costly. As such, savvy homeowners take action to avoid such costs via trusts or via property ownership which includes a right of survivorship. Thanks to the Assembly Bill 139, which becomes effective on January 1, […]

In Chicago Weeds Not Protected As Free Speech

In Chicago Weeds Not Protected As Free Speech

By Jennifer Felten Many cities have ordinances that require property owners to control the weeds on their property or face fines. Proponents of these types of regulations argue that they are needed for: the prevention of serious fire hazards, the removal of obstructions that interfere with streets and sidewalks, the prevention of noxious weed infestation, […]

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