In response to the pandemic, various governmental bodies have acted to provide protections for residential and commercial tenants.  There is a broad eviction moratorium in effect throughout the state as the Judicial Council of California issued an emergency rule effectively prohibiting evictions for 90 days after the lifting of the Shelter in Place requirements.

By way of background, California Governor Gavin Newsom issued a COVID-19 Eviction Defense Ordinance formally referred to as Executive Order N-28-20.  While the Sonoma County Board of Supervisors agreed with Gov. Newsom’s executive order last month to limit residential tenants from evictions due to economic impact … Read More

My team is fielding numerous calls from panicked landowners who have been served with notices.  “How can I reduce this $7,000 fine?” They ask.  “We paid our Transient Occupancy Tax – through Airbnb?” “And, what about Penalties?” The list from clients goes on and on.

For years folks have benefited from renting parts of their dwellings or ancillary buildings without the benefit of permits.  Technology platforms like Airbnb play into this by allowing an individual to list a property as available as a short-term rental without requiring any permit or verification of such.  The result? Many entrepreneurial folks were able … Read More

A solid estate plan in its simplest sense is a roadmap.  It sets the decision-makers for when you cannot make them before you die and then after you do so.  Specialized planning can also minimize your long term care expenses or eliminate them all together.  Of course, a solid estate plan documents your wishes with respect to your worldly belongings to be distributed according to your stated desires.

A solid estate plan also can provide peace of mind in moments of uncertainty, a light in the dark, or the clarity in the fog.  It’s a rather simple process.  According to … Read More

With more than 30 new laws on the books affecting business in California, many businesses are now facing increased regulation and mounting expenses.

The implementation of AB 5 by the State of California labor code will no doubt cause confusion. It states as follows…a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless the hiring entity demonstrates that all of the following conditions are satisfied: (This is being referred to as the ‘ABC Test’ or ‘Three-part test.’)

(A) The person is free from the control and direction of the hiring entity … Read More

As we move away from the local fires of 2017, we may think less and less about certain emergency orders that were put in place.  Those orders are still in effect.  One is of particular importance for businesses or individuals offering goods, services or rentals: the price gouging statute.

In short – for clients or potential clients looking at renting real estate, the safe value of the property should be linked to the pre-fires value plus an additional 10 percent.  This hopefully will change in a few months as an extended ban on raising rents to fair market values places … Read More

One of the greatest challenges family businesses face is how to hand over the reins to the next generation.

Even faceless corporate entities struggle to ensure their long-term survival; add the potential for interpersonal drama and hurt feelings among parents and children, and it’s no surprise that the odds are stacked against family businesses enduring the transition. Just 30 percent of family-owned businesses make it to a second generation, 10-15 percent make it to the third, and 3-5 percent make it to the fourth generation, according to a Harvard Business Review study.

We need look no further than our own … Read More

If your company relies on independent contractors to do business, you may want to reevaluate your relationship with those workers in the wake of a recent California Supreme Court decision changing the way their employment status should be determined.

The April 30 ruling sent shockwaves through the state’s so-called “gig economy” – created by customer service providers such as Lyft, Uber and GrubHub who use independent contractors to avoid the higher costs that come with hiring employees.

It’s not just these tech-centric startups, however, who may now need to restructure their businesses to avoid the risks of fines, restitution of … Read More

• NEW RECOMMENDED DISCLOSURES:In light of the fires, there are new disclosures that are recommended for use in conjunction with sales.

  • What you see are folks disclosing and shifting responsibility

  • Increased advisories regarding condition of land, water, air, contamination, engineering

  • Use of attorneys

  • Questions on insurance – can they get it for the property

• Many Properties that were cleaned up are subject to liens for fees and reporting requirements

  • PROBLEMS – time frames for this, but the County is behind.Lake county took 2 years

• WINE COUNTRY’S NEW CROP

  • SB 94 – effectively made the marijuana law for adult and recreational use

1. Clarify the parties contracting, is it a business or an individual? Make sure it’s the correct name, etc.

2. Nail down essential terms

3. Memorialize them in a way that they’re easily understood. Think of it being understandable to a regular person.

4. Include all essential terms to make the contract the only reflection of the agreement.

5. Consider termination provisions

6. How do you want to be given notice of things? The antiquated fax, email. regular mail?

7. Dispute Handling – long process of court, expedited arbitration, or want to try an informal resolution first?

8. Attorney fees … Read More

Insurance Coverage

Your Rights

(1) Know your rights.  You are entitled to be treated in good faith

(2) An insurer cannot present an unreasonably low settlement

(3) An insurer must perform reasonable investigation and taken into account things you’ve provided (think photos, lists, etc.)

(4) An insurer cannot misrepresent policy provisions

(5) Discrimination laws apply

(6) You are entitled to prompt and honest communications

(7) You have a duty to cooperate with your insurer

Negotiation Tips

(1) Calling about your claim even if you don’t have all the info is helpful;

(2) You don’t have to agree to initial amounts, … Read More