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Daniel S. Gonzales

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California Supreme Court rules to limit construction defect remedies against homebuilders under Right to Repair Act

March 27, 2018 by Daniel S. Gonzales Leave a Comment

California Supreme Court rules to limit construction defect remedies against homebuilders under Right to Repair Act

Resolving a split in authority among the Courts of Appeal, a unanimous California Supreme Court has just ruled that the Right to Repair Act (the “Act”) is the exclusive remedy for most claims of defective construction. As a result of the Court’s decision in McMillin Albany v. Superior Court (Van Tassel), developers and sellers of new homes in this state have now won a major … [Read more...] about California Supreme Court rules to limit construction defect remedies against homebuilders under Right to Repair Act

Prosecution of California cannabis industry attorney raises new concerns for property owners and their counsel

October 10, 2017 by Daniel S. Gonzales Leave a Comment

Ever since the passage of Proposition 215 in 1996, the legal status of marijuana in California might best be expressed as ambiguity and chaos. While some have sung the praises of this regime, others have characterized the results as a mixed bag. Even in the wake of last year’s vote adopting Proposition 64, which was intended to legalize the possession, cultivation, and sale of … [Read more...] about Prosecution of California cannabis industry attorney raises new concerns for property owners and their counsel

Property owners who proceed with construction lose the right to dispute permit conditions in recent California high court ruling

August 1, 2017 by Daniel S. Gonzales Leave a Comment

I’ve written frequently in my blog about the practical effects and critical function of land use laws  and the dire consequences that can result when even the smallest details get overlooked. Thorny legal issues can arise when those regulations cross the shadowy line between permissible restrictions and impermissible takings. In a decision that highlights this continuing … [Read more...] about Property owners who proceed with construction lose the right to dispute permit conditions in recent California high court ruling

Oops! Developer who missed Mitigation Fee Act deadline loses claim

July 26, 2016 by Daniel S. Gonzales Leave a Comment

High impact fees After the passage of Proposition 13 in 1978, many California cities and counties turned to imposing high impact fees upon development projects (i.e., exactions required as a condition of project approval ) as a means of closing budget gaps sparked by the resultant decline in property tax revenues. At that time, if the fee was paid so that the project could … [Read more...] about Oops! Developer who missed Mitigation Fee Act deadline loses claim

Recent federal decision further expands professional duty of care in construction defect cases

July 12, 2016 by Daniel G. Leave a Comment

It used to be hornbook law that the duty of care owed to third parties by architects, engineers and other similar professionals providing services on construction projects was circumscribed in construction defect litigation by principles of contract law privity. I have previously reported in this blog on the Beacon case, which extended the reach of this duty with respect to … [Read more...] about Recent federal decision further expands professional duty of care in construction defect cases

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Helping you avoid risk, maximize profit, and protect your long term real estate appreciation

Mr. Gonzales is in private practice, providing representation, advice and counsel in complex real estate, corporate, and business transactions on behalf of public and private institutions, businesses, and individuals.

This material has been prepared by Daniel S. Gonzales for informational purposes only and does not constitute advertising, a solicitation, or legal advice. Neither delivery nor transmission of this material or the information contained herein is intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship. The reader should not rely upon this information for any purpose without seeking legal advice from a licensed attorney. The information contained in this material is provided only as general information and is not promised or guaranteed to be correct or complete. Daniel S. Gonzales expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this material.

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