Current Blog

Since it has been several months since I last wrote in this blog about my own ADU project, it seemed ...

If you own commercial real estate in Santa Clara County, you recently received a mailing from the Assessor's Office notifying ...

Many of us who live in California, especially the suburbs, are conditioned to expect free parking in the places we ...

California law governing ADUs has been revised pursuant to two new “clean up measures”, SB 897 and AB 2221, which ...

As you may know, accessory dwelling units (“ADUs”) have been an interest of mine here for several years as one ...

Last October, I had the privilege of attending the Real Estate Fall Gathering and Coppola Family Speaker Series, presented by ...

Over the last several years, a plethora of legislation has been adopted in Sacramento with the intention of spurring housing ...

A twelve-year saga of pitched battles between housing advocates, developers and an obdurate NIMBY (“Not in My Backyard”) assemblage was ...

The California Environmental Quality Act (“CEQA”) has been a regular topic of discussion in this blog over the years, from challenges ...

Recently, a corporate client asked me to assist it in ascertaining whether it was properly handling the common area maintenance ...

Back in 2019, I noted a spike in cases brought under the Americans with Disabilities Act (“ADA”) against small businesses ...

Here we go again! My last article examined Proposition 19, one of the measures on the November 2020 ballot that ...

Ahora más que nunca—now more than ever—law students who seek to further the cause of justice need our support. While ...

California’s unique real property tax system has been a regular feature in my blog since its beginnings.  In particular, the ...

Governor Gavin Newsom signed AB3088 on 8/31/20, setting forth guidelines for California residential landlords in order to preserve the right ...

The potential tax deferral benefits of Opportunity Zones for capital gains from the disposition of commercial real estate as an ...

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In the days since the killing of George Floyd in Minneapolis, Americans of all backgrounds have been weighing in on ...

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It may now seem like a lifetime ago given the ubiquity and enormity of the COVID-19 pandemic and its impacts ...

One of the critical lessons of the COVID-19 pandemic is how quickly a situation can change, and how adaptable businesses ...

One of the biggest news stories of 2020 thus far has been the worldwide outbreak of the novel coronavirus (COVID-19) ...

Earlier this month, I enjoyed the distinct pleasure of attending the ninth annual Real Estate and Law (REAL) Symposium  held ...

The California Association of Realtors (“CAR”) is one of the largest professional groups in the United States, numbering over 200,000 ...

Regular readers of this blog may remember that I have posted here occasionally about the Opportunity Zone program since it ...

Entering a new decade, California is primed to implement several bills signed into law at the end of 2019 that ...

Once again, the chronic and acute shortage of housing in California takes center stage in this week’s blog, as has ...

Real property-related tax questions have long been a mainstay of this blog.  Since being passed into law in late 2017, ...

Section 1031 tax-deferred exchanges and their intricacies have been a substantial aspect of my law practice for many years, and ...

In my last blog post, I wrote about AB 1482, the statewide rent control bill adopted by the California legislature, ...

It seems as though I was just writing about California’s critical, protracted shortage of housing a couple of weeks ago.  ...

For better or worse, the acute, chronic lack of housing in the Golden State is once again the focus of ...

Several years ago, I had written in this blog about commercial real estate and land use challenges that were surfacing ...

The ownership of real property in California by more than one person can be one of the most complex situations ...

From time to time over the past several years, I have written in this blog about various issues arising under ...

Earlier this year, I wrote a brief post on what I saw as a spike in the number of claims ...

California’s shortage of housing, especially affordable housing, is a conundrum that becomes harder and harder to avoid with each passing ...

California's dire housing crisis continues to rouse state lawmakers to legislative action, as I have noted previously in this blog.  ...

California’s perpetual dearth of housing and the state’s ongoing efforts to address that situation have been featured regularly in this ...

Last November, I wrote a piece here about Opportunity Zones, a feature of the Tax Cuts and Jobs Act geared ...

California’s policymakers have long been advocates of sustainability, especially regarding energy and water use, mainly for reasons of necessity. Towards ...

Some time back, I wrote about the City of Palo Alto’s struggles in addressing the amount of commercial development it ...

Enacted in 1990, the Americans with Disabilities Act (“ADA”) is a landmark paradigm of U.S. civil rights legislation, modeled after ...

I have written about the California Environmental Quality Act (“CEQA”) and its workings on a number of occasions in my ...

I’ve previously reported in this blog on efforts by the federal government to combat money laundering by imposing certain reporting ...

Those of you who are followers of my blog know that I post Items from time to time about current ...

Each year, the Santa Clara County Bar Association recognizes our local bench for its dedication and contributions to the administration of justice ...

For regular readers of this blog, California land use matters are a frequent offering on our legal menu. These topics ...

Virtually hidden among the more controversial provisions of the Tax Cut and Jobs Act adopted late last year, Opportunity Zones, ...

I’m happy to announce that “Silicon Valley ADUs,” the new online resource I have been working on and talking about ...

For more than twenty years, the Costa-Hawkins Rental Housing Act (“Costa-Hawkins”) has served as a critical check on the expansion ...

California’s seemingly endless housing crisis continues to make national, state and local headlines. This topic has appeared regularly in this ...

The subject of land use regulation has been a regular emphasis of this blog since its inception. Most of the ...

For several years now, the “sharing economy” has been having a significant impact on how we live our daily lives ...

Over the last several years, I have written a number of blog articles about rent control in the Bay Area ...

For some time now, the expansion of renewable energy sources (e.g., hydroelectricity, wind power and solar energy) has been a ...

The City of San Jose has been embroiled in Silicon Valley’s clashes over rent control for some time now. As ...

I have previously written in this blog regarding our Golden State’s significant scarcity of housing. As this situation persists, it ...

Earlier this year, I noted in this blog that the home mortgage interest deduction “marriage penalty” ambiguity that had previously ...

Resolving a split in authority among the Courts of Appeal, a unanimous California Supreme Court has just ruled that the ...

Recently, I was talking with a couple of friends who work as inspectors with two municipal building departments on the ...

California’s ongoing housing crisis continues to pose a serious threat to this state’s economic well-being. I have previously noted in ...

Over the last few years, I’ve written a number of articles in this blog about issues relating to CEQA, the ...

It seems as if we’ve been seeing news items every day for the last few months about the “the most ...

“Out with the old and in with the new” is a common refrain heard around the New Year, as this ...

The chronic shortage of housing in California is a problem that has vexed policy makers here for years. The situation ...

I will be delivering an update on the current status of Silicon Valley rent control measures on November 14, 2017 ...

Over the last few years, I have written several blog posts about the housing shortage facing our Golden State. These ...

Ever since the passage of Proposition 215 in 1996, the legal status of marijuana in California might best be expressed ...

In the wake of the subprime mortgage debacle and ensuing financial crisis, Congress enacted substantial reforms affecting the home mortgage ...

As property values keep rising in the San Francisco Bay Area and Silicon Valley at unprecedented rates , we continue to ...

A few years back, I posted an article in this blog about the efforts of the City of Richmond, California, ...

I’ve written frequently in my blog about the practical effects and critical function of land use laws  and the dire ...

As noted in a recent issue of Stanford Lawyer, the sharing economy is a deceptively innocuous phrase used to describe a ...

In the wake of Proposition 13 in 1978, communities across California scrambled to adapt to its new constraints, including its ...

For nearly 80 years, California Civil Code Section 7031 has barred contractors from using the courts to collect payment if ...

In the latest pitched skirmish of the rent control wars being waged across the San Francisco Bay Area in the ...

I have previously noted in my blog some of the practical benefits of the use of the “reverse exchange” allowed ...

Over the past several years, the already high cost of housing in Silicon Valley and the Bay Area has risen ...

Since starting this blog, I’ve written a number of posts about various issues involved in the use of Section 1031 ...

For attorneys, discussing our legal work—e.g., making speeches, giving presentations, and writing articles on topics in our fields of expertise—is ...

Thus far this season, California has been hit hard by the elements, as many of you are likely too well ...

With the passage of SB 1186 in 2012, the State of California enacted a number of new requirements with regard ...

As you’re probably aware, a real estate broker may act as a dual agent for both the buyer and the ...

Back in 2013, I wrote in this blog about some surprising restrictions on the home mortgage interest deduction. In one ...

Section 1031 Over the last couple of years, I have written a number of articles in this blog about tax-deferred ...

Previously in this blog, I wrote about delays that had arisen in connection with the implementation of California legislation intended ...

As many of you may know, real estate agents must be knowledgeable about federal and state antitrust laws and regulations, ...

Housing Crunch The housing crunch is an acute and chronic problem in much of California, and this is especially true ...

Over the last few years, I have written a number of articles directed at owners of California real estate regarding ...

In recent years, I have noticed a couple of related trends in my real estate law practice with regard to ...

Commercial & residential real estate contracts From commercial/residential real estate contracts, to corporate buy-sell agreements, to employment contracts, to financial ...

Expansion of rent control Earlier this year, I wrote in this blog about the housing crunch in the San Francisco Bay ...

High impact fees After the passage of Proposition 13 in 1978, many California cities and counties turned to imposing high ...

It used to be hornbook law that the duty of care owed to third parties by architects, engineers and other ...

Loan Products that banks choose to offer In November 2013, pursuant to the Dodd-Frank reforms passed by Congress in the ...

While the impetus to legalize the personal use of marijuana continues to make headway across the country, serious hurdles to ...

Several weeks ago in this blog, I posted an article about spiking housing costs in the San Francisco Bay Area ...

Land surveys are a critical tool Together with preliminary title reports and title insurance, land surveys are a critical tool ...

Challenge  San Jose’s inclusionary housing ordinance In this blog a few months back, I reported that the California Building Industry ...

Housing Crunch Lately, it seems, not a day goes by without hearing another “horror story” about the housing crunch in ...

Real property rights in California, both past and future In the wake of the death of U.S. Supreme Court Justice ...

Eminent Domain If you happened to see the recent media coverage of the heated exchange between Jeb Bush and Donald ...

Going Solar Back in 2014, I wrote a couple of blog articles about solar energy issues surfacing at that time ...

Real Estate Transfers Effective January 1, 2016, Californians may avail themselves of a new method for transferring real property assets ...

No more Assessment appeal filing fees Taking a small but positive step for local taxpayers, the Santa Clara County Board ...

Inclusionary housing ordinance Addressing this brutal environment in 2010, the City of San Jose, like many other cities in Silicon ...

Office space caps Despite a sluggish U.S. economy, growth in Silicon Valley continues on a torrid pace.  Yet a dark ...

Tax-deferred exchanges Over the last several months, I have written a number of articles addressing the subject of tax-deferred exchanges ...

Tax breaks for seniors If you’re age 65 or over, you’re likely quite familiar with the many advantages you can ...

Squatters In today’s “go-go” California real estate market, and especially in Silicon Valley, the idea that a property owner’s rights ...

Slow Growth Development Earlier this year, I wrote in this blog that it was going to be a very interesting ...

Principal residence Recently, a client of mine asked me whether it was possible to take advantage of the Section 1031 ...

Assessed value of your California real property holdings If you’re like me, this time of year brings with it some ...

Property tax assessment The notification of assessed value sent out to them by California county tax assessors for real property ...

Reducing income taxes One of the thorniest challenges facing holders of commercial real property, both in California and elsewhere, is ...

Regulating development in booming economy A newly-energized City Council has taken action , on regulating development, through a series of “urgency” ...

A failure to communicate In the ‘60s movie Cool Hand Luke, the Captain (portrayed by Strother Martin) explained that “a ...

Green Energy Funding In a policy shift with potentially far-reaching benefits, the U.S. Department of Housing and Urban Development (“HUD”) ...

Water conservation in California The situation in California is not quite that bad yet, but some experts are warning that ...

Mechanic's lien rights A recent decision of California’s Fourth District Court of Appeal has held that the mechanic's lien rights ...

In a case with potentially significant ramifications for environmental review in California, the California Supreme Court has ruled that the ...

Several online businesses (e.g., Airbnb, Vacation Rentals by Owner) now allow people to offer their homes, apartments and other living ...

Growth limits in Silicon Valley The debate on growth limits has a long history in Silicon Valley; my own personal ...

One of the most desirable and heavily negotiated terms sought by retail tenants from mall and shopping center landlords is ...

In response to California’s current severe drought, a new law recently enacted by the California legislature and signed by Governor Brown ...

Updated Residential Purchase Agreement It doesn’t happen frequently—the last time was over 4 years ago—but from time to time, the California ...

Effective January 1, 2015, commercial real estate brokers and salespersons in California will be required to comply with stringent agency ...

The one form of action rule At some point in their careers, California real estate lawyers must inevitably face one ...

Commercial leases While many people in business are familiar with the general workings of a commercial lease, fewer are acquainted ...

A few months back, I noted in my blog a number of problems that had begun to arise in the ...

Privacy rights Californians can rightfully boast of the protections accorded their privacy rights under state law. From the California constitution ...

Now that the heat of summer is mostly behind us, and before the winter rains (hopefully) come, foresighted property owners ...

By necessity, most landlords stay current on the long list of disclosures to prospective tenants required by California law.  A relatively ...

Energy usage of nonresidential buildings can be an unknown and hidden cost of ownership when contemplating a commercial real estate ...

It’s legal in 19 states, and two of those states don’t even require a prescription (Colorado and Washington State), but ...

California’s relationship with automobile traffic, how it is evaluated in connection with development projects, and how it is accommodated, have ...

Subprime Mortgage Crisis One of the more unpleasant surprises to emerge from the subprime mortgage crisis was the realization by ...

In this era of depressed yields from bank deposits, many investors have flocked to purchasing properties subject to “triple net” ...

Solar electric leases are becoming increasingly popular with California homeowners. From 2010-2013, residential solar electric production in California nearly tripled, ...

The California Supreme Court has just made it harder for architects, engineers and other design professionals to avoid being brought ...

Foreign purchasers have been—and continue to be—major investors in our local real estate markets. During the 12 months ending in ...

Ever been interested in buying commercial property or a business, but hesitated because of all the costs and legalities of ...

When real property located in California is exchanged (1031 exchange) for property located outside California, the gain realized from the ...

Commercial Leases Are Different; Make No Assumptions. A prudent prospective tenant should review a lease carefully to determine whether its ...

The court ruled that permit conditions could be challenged as unconstitutional even at the time the government denies a permit ...

Faced with hundreds of homes that have been abandoned by “underwater” owners, the City of Richmond, California, has proposed to ...

“I’ll give you your money as soon as I get mine.” It is a frequently-heard promise around home remodeling and ...

One of the most popular and well-known advantages of home ownership is the income tax deduction you can take for ...

Are you are a contractor, supplier or property owner in California? You need to be aware of two recent changes ...

Now that you’ve decided to invest in commercial real estate, make sure that your intended purchase is as golden as ...

Summer's here, and the time is right for..." Dancing in the streets? So the song says, but there’s something else:  ...