Legal
DEFECTIVE SERVICE VOIDS LANDLORD'S FIVE DAY NOTICE IN CALIFORNIAWritten By: Trainor Fairbrook Advisory
Jul 28, 2010
Attorneys routinely advise landlords and property managers that a defect in the service of a statutory Notice to Pay Rent or Quit is cured by establishing that the tenant actually received the Notice. This has been the rule since the first of a series of cases was decided in 1962. This line of court cases is also widely referenced in most leading treatises for the general proposition that proof that a tenant received actual notice will cure defective service.
On June 14, 2010, a Court of Appeal in Southern California limited the application of this general rule.
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SUCCESSOR LIABILITY WHEN BUYING A BUSINESS IN CALIFORNIAWritten By: Joe Sandbank
Jun 20, 2011
A major concern of anyone buying a business should be whether or not they will be exposed to any of the seller’s liabilities.
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INVESTORS BEWARE OF A CLASSIC DEVELOPER SWINDLING TRICKWritten By: Mel Jones
Sep 23, 2012
SellingRestaurants has sold nearly 500 restaurants since 2004. In this time I’ve seen a lot of shady transactions and unethical business deals. One of the classic ones I’ve seen is where a developer builds retail space and then goes out an purchases a second rate franchise to place in the retail center.
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CALIFORNIA’S LEGAL SYSTEM NEEDS REFORM - Article #1Written By: Mel Jones
Feb 10, 2013
Its unfortunate that I’m writing this article, but I’ve always been one that fights for reform and fights for doing what’s right. Our legal system in California is designed for attorney to maximize their income while stealing the income of hard working average Americans.
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New Landlord Accessibility Disclosure LawsWritten By: David Durrett
Feb 14, 2013
Beginning July 1, 2013, California Civil Code Section 1938 will require every commercial property landlord to state in its leases whether or not the property has been inspected by a Certified Access Specialist (CASp). The statute will apply to every commercial lease...
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GETTING A NEW LEASES: WATCH THOSE OPTIONS!Written By: Mel Jones
Jul 20, 2012
Setting yourself up for an exit strategy is paramount whenever entering into a new lease. But don't think that the other broker, who really represents the landlord, is going to design a lease with a good exit strategy.
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SECURING A SELLER NOTEWritten By: Mel Jones
Aug 24, 2008
The financial markets are facing some of the most challenging times never seen before in generations, making buying a business a tougher proposition than just 18 months ago. During these times, lenders go to the extreme, as though their parent had just scolded them, and hunt for any possible reason to decline business purchase loans.
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WHY WOULD A RESTAURANT OWNER EVER OPERATE AS SOLE PROPIETORSHIP?Written By: Larry O'Shea of O’Shea & Associates, a Professional Law Corporation
Aug 28, 2011
There is a reason there are seatbelts and airbags in the cars we drive, that we buy insurance, wear helmets on bikes and motorcycles. We want to be protected...
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LOOKING TO GET A VISA TO ENTER THE U.S.A.?Written By: Jessica Weiss, Esq.
Aug 29, 2011
The low valuations for US. businesses and the weak dollar has led to a hot market for foreign investors to buy businesses which if purchased through the immigration laws could lead the foreign investor to getting a green card. Generally, there are two types of visas EB-5 and E-2.
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ARE YOU A FOREIGN BUSINESS OWNER LOOKING TO OPEN A BUSINESS IN THE UNITED STATES?Written By: Jessica Weiss, Esq.
Dec 9, 2011
If you ever wondered how a foreigner could come to America and open a US Office and either work here themselves or bring in other workers, there is a way. It is called the L-1A nonimmigrant visa for intracompany managerial/executive transferees. How does it work?
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LEASE ASSIGNMENTS - WHAT EXACTLY DOES THIS MEAN?Written By: Joe Sandbank, Esq.
Dec 9, 2011
The purchase of a business almost always involves the buyer either obtaining a new lease or obtaining an assignment of the seller’s rights to the existing lease...
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What to Do if you Receive a Notice from the IRSAug 22, 2012
Receiving a notice from the Internal Revenue Service or other taxing authority can be a heart stopper, but this does not necessarily mean disaster is looming as in many cases the letter is merely asking for additional information based upon data they have received from other sources.
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