Author Archives: K. Greg Peterson

Under LPS Act, Court Must Either Obtain Waiver of Jury Trial or Provide Jury Trial, Unless Proposed Conservatee Lacks Capacity to Waive

A recent case clarifies the rights of a proposed conservatee in proceedings held pursuant to the Lanterman–Petris–Short (LPS) Act. In Conservatorship of Heather W. (2016) 245 Cal.App.4th 378, the Public Guardian of San Luis Obispo County had been appointed as … Continue reading

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A CLEARLY WORDED FORFEITURE CLAUSE IN A RESIDENTIAL LEASE MAY NOT BE ENFORCEABLE

An important question of law — whether a tenant’s breach of a residential rental contract, regardless of the breach’s materiality or impact on the landlord, justifies the landlord forfeiting the agreement and terminating tenancy – was recently decided by the … Continue reading

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CALIFORNIA LEGISLATURE AUTHORIZES REVOCABLE TRANSFER UPON DEATH DEED

On September 23, 2015, Governor Brown signed AB 139, a bill introduced by Assemblyman Mike Gatto, which allows Californians to take advantage of a new, low-cost way to avoid probate on residential real property – the revocable transfer on death … Continue reading

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Court of Appeals Clarifies What Counts as an Invalid “Donative Transfer” of Real Property Under California Probate Code

The case of Jenkins v. Teegarden (2014) 230 Cal. App. 4th 1128 provides helpful clarification on what constitutes a “donative transfer” for purposes of former Cal. Prob. Code § 21350 et seq. and its current incarnation, Cal. Probate Code § 21380 et seq. … Continue reading

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An Overview of Current Perspectives Concerning California’s Sustainable Groundwater Management Act

I recently attended a two-day seminar entitled Groundwater Regulation and Management in California which involved a comprehensive review of California’s new Sustainable Groundwater Management Act (SGMA). The conference was heavily attended by a number of interested stakeholders, including the heads … Continue reading

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California Court Holds That Individual Members of an LLC Can Be Personally Liable for Debts of a Dissolved LLC Under Certain Conditions

The case of CB Richard Ellis, Inc. v. Terra Nostra Consultants has important implications for anyone seeking to collect on a judgment against the individual members of an LLC that has no assets, that has been dissolved, and that was unable … Continue reading

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California Court of Appeal Rules on Homeless Campers’ Challenge to Sacramento’s “Anti-Camping” Ordinance

Three weeks ago I blogged about Allen v. City of Sacramento, a case in which several homeless people challenged a Sacramento city ordinance that prohibits camping on private or public property, commonly known as Sacramento’s “anti-camping ordinance.” As explained in my prior posting, … Continue reading

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