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Developer temporarily off the hook for alleged faulty construction

Developer temporarily off the hook for alleged faulty construction

By Jennifer Felten McMillin Albany LLC et al., v. The Superior Court of Kern County The case results for a lawsuit filed by the owners of 37 homes constructed by a developer,  alleging eight causes of action, including strict products liability, negligence, and breach of express and implied warranty. They alleged the homes were in […]

California Passes Bill to Clarify New Paid Sick Leave Rules

California Passes Bill to Clarify New Paid Sick Leave Rules

By Jennifer Felten Last year, California passed the Healthy Workplaces, Healthy Families Act of 2014. It went into effect on July 1, 2015, and has now been quickly amended as issues with implementation have arisen. The revisions were passed on July 13th as AB 304 with the intent of clarifying the law for employers and […]

Jury dings escrow company 1.9 million for San Luis Obispo real estate Ponzi scheme

Jury dings escrow company 1.9 million for San Luis Obispo real estate Ponzi scheme

By Jennifer Felten Liddell v. Cuesta Title Company In 2012, Kelly Gearhart, a real estate developer, pled guilty to 2 counts of wire fraud and 1 count of money laundering, related to a Ponzi scheme in which he defrauded investors of more than $14 million. He was sentenced to 14 years in prison. Gearhart filed […]

Real Estate: Wongs finally get it ‘right’ in court battle

Real Estate: Wongs finally get it ‘right’ in court battle

By Jennifer Felten Wayson and Susanna Wong (“Buyers”) bought a hillside home in San Carlos for $2.35 million from Ira and Toby Stoler (“Sellers”) in May of 2008. Before the close of escrow, the Sellers provided the Buyers with a transfer disclosure statement completed in 2002 by the prior owners, an updated 2008 transfer disclosure […]

New Water Heater Standards to Impact Homeowners

New Water Heater Standards to Impact Homeowners

By Jennifer Felten . In 1987, Congress enacted the National Appliance Energy Conservation Act (“NAECA”), which regulates energy consumption of specific household appliances. NAECA creates uniform efficiency standards for certain household appliances, including refrigerators, dishwashers, clothes washers, clothes dryers and water heaters. In 2010, the U.S. Department of Energy, pursuant to NAECA, issued a Final […]

How Small is Too Small?

How Small is Too Small?

By Jennifer Felten A family in Chesterfield, remedy Virginia has been evicted from their home, health in part because it is too small. Homes of this type, cure known as “tiny homes,” are characterized by the size of less than 400 square feet and the fact that they are often on wheels. They have come […]

HOA’s can create rules to limit vacation rentals–Real Estate Case of the Month

HOA’s can create rules to limit vacation rentals–Real Estate Case of the Month

By Jennifer Felten Oak Shores Community Association v. Robert C. Burlison, Jr. In this case a couple of owners in a homeowners association challenged some rules imposed by the association relative to limitations on short term leasing. This particular homeowners association, named Oak Shores Community Association, consists of 851 parcels of land. Six hundred sixty […]

Godfather of Soul–Family Feud over James Brown estate

Godfather of Soul–Family Feud over James Brown estate

By Jennifer Felten In 2006, the Godfather of Soul, James Brown, passed away. The very next day a public feud began when his purported wife, Tomi Rae Hynie, returned to the family estate only to find padlocks on the gates and security personnel guarding the property. The validity of Hynie’s marriage to Brown, and the […]

Survey Finds That Millennials Want to Live In the Burbs

Survey Finds That Millennials Want to Live In the Burbs

By Jennifer Felten This month, the National Association of Home Builders published a survey about housing preferences for “millennials,” those born after 1977. The survey was designed to determine if this generation wanted to live in urban settings like downtown lofts, or if they had a preference to follow in the footsteps of the majority […]

Landlord fined big time for sexual harassment of tenant

Landlord fined big time for sexual harassment of tenant

By Jennifer Felten The court has held that a landlord’s sexual harassment of a tenant effectively denied the tenant housing in violation of the Fair Employment and Housing Act and the Unruh Civil Rights Act. The tenant had leased a bedroom in the landlord’s three bedroom apartment for a year. Within a week of the […]