California Postpones Energy Disclosure Requirements (Again)

I previously wrote about the California Nonresidential Energy Use Disclosure Program, which requires nonresidential building owners to disclose to prospective buyers, tenants and lenders, their building’s energy use data and ratings for the most recent year.  Building owners whose buildings have gross square footage equal to or greater than 5,000 square feet but less than 10,000 square feet, were required to make energy disclosures to potential buyers, tenants and lenders on or after July 1, 2014.  That date has now been changed to July 1, 2016. The California Energy Commission (CEC) cited...

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Silicon Valley Business Neighbors Fight Over Easement

Disputes between neighbors can often get heated and become fraught with emotion. Although the most common neighbor disputes involve residential properties, a conflict between a medical device company and a law firm in Silicon Valley shows how adjacent commercial property owners can also become entangled in contentious quarrels. Hoffman v. 162 North Wolfe LLC, (Sixth Appellate District Case Number H038643)(Opinion Filed July 15, 2014) Jonathon Owens and Thomas Haverstock were two patent attorneys in Sunnyvale. Their law firm, Haverstock & Owens, was a tenant in the building they owned at...

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California Supreme Declines to Impose AED Duty

On June 23, 2014, the California Supreme Court issued its decision in Verdugo v. Target Corp., 704 F.3d 1044 (2012) and answered the Ninth Circuit’s certified question: “In what circumstances, if ever, does the common law duty of a commercial property owner to provide emergency first aid to invitees require the availability of an Automatic External Defibrillator (‘AED’) for cases of sudden cardiac arrest?” The Court concluded that past California decisions do not support a common law duty where businesses are obligated to acquire and maintain AEDs on their premises and therefore...

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Real Estate Brokers and Dual Agency

In California, a real estate broker is allowed to represent both the buyer and the seller in a residential real estate transaction so long as the required disclosures are made and the broker obtains the written consent of both the seller and the buyer. In this dual agency situation, the broker has a fiduciary duty to both the seller and the buyer and must exercise reasonable skill and care and disclose all facts that are known and may materially affect the value or desirability of the property. The dual agency situation is most straightforward when a single broker acts on behalf of both the...

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CA Supreme Court to Review DPA Case

The California Supreme Court granted a request from the Ninth Circuit to decide the following question of California law: “The California Disabled Person Act, Cal. Civ. Code Sections 54 et seq. (‘DPA’) provides that ‘[i]ndividuals with disabilities shall be entitled to full and equal access, as other members of the general public, to accommodations, advantages, facilities…and privileges of…places of public accommodation…and other places to which the general public is invited.’ Id. Section 54.1(a)(1). Does the DPA’s reference to ‘places of public accommodation’ include web sites, which are...

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Koreatown’s Vermont for Sale

Visitors to Koreatown will have seen the construction on Vermont Avenue and Wilshire Boulevard. The Vermont, a new high-rise apartment complex that broke ground two years ago, is now for sale by Miracle Mile based J.H. Snyder Development Co. Once completed, the new residential apartment complex will be comprised of two towers standing 23 and 29 stories and feature 464 units. The construction is estimated to have cost $200 million. In addition to residential units, the Vermont will also feature 31,500 square feet of retail space on the ground floor with Fatburger and Starbucks having taken...

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