Real Estate Nondisclosure – Seller’s Good Faith Requirement For TDS Disclosures
The Transfer Disclosure Statement or "TDS" as realtors often refer to it, is the Seller's mandated disclosure form to be filled out during escrow and delivered to the Buyer. The 3-page document asks several questions of the Seller and while not part of the sales contract, California Courts have held
Injury At A Business – Landowner duties
Whenever a person is injured at a business or property as a result of a dangerous condition, there are typically two potential bad actors (1) the business or entity leasing the premises and operating in the premises; and (2) the landowner. A landowner's liability is not automatic under California law.
Condo Damage – Things An Owner Should Be Aware Of
Whether leaks from a failing roof, flooding from a failed common area pipe, or water intrusion as a result of a negligence owner or contractor, water damage to your condo can be a very stressful and trying experience. Over the years as we've assisted condo owners in their fight to
Injured At A Business Or Property – Factors For Liability
Civil Code § essentially codifies the legal duty owed by landowners or possessors such as businesses. Section 1714(a) reads: "Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or
Injured At A Business – Assaults by third parties
Under California law, businesses, like bars and restaurants, shopping centers, liquor stores, etc., have an affirmative duty to take those steps deemed reasonable to secure their property to the extent it is under their control. The duty requires securing the property against reasonably foreseeable criminal acts of third parties. Delgado
Injured At A Place Of Business – Employer Liability For Employee Negligence
A fundamental principle of California Law is that employers will be held vicariously (derivative liability) liable in the event an employee's negligence causes harm to a patron. The law imputes the fault of the negligible employee onto the employer even though the employer may have exercised its due diligence in
Condo Damage – Rain And Roof Leaks
If you live in an HOA and share walls with other units, you also share a roof. By definition, if a component or element of the building services more than one unit, then that component is going to be a common area component that falls within the responsibility of the
Property Damage Claim Denials By Insurance Companies
We just took on a case wherein a vendor of a home services product, while servicing the product damaged a water line which caused severe water and mold damage throughout our client's home. the vendor's insurance company denied the claim and based its denial on their assertions that "other causes"
Condo Damage & HOA Disputes – Unit Boundaries
Many of our condo damage cases turn on whether the failure or loss causing the damage constitutes HOA property or separate interest property. Once the failed component is identified, a good place to start for the homeowner is the Condominium Plan. The Condominium Plan is typically recorded along with and