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Articles 1 - 9 of 9

Full-Text Articles in Law

Three Lessons For Lawyers, Roger Bernhardt, Christine Tour-Sarkissian Nov 2008

Three Lessons For Lawyers, Roger Bernhardt, Christine Tour-Sarkissian

Publications

This article discusses a recent California case illustrating some potential ethical dangers for lawyers as to conflicts of interest, secret profits (while helping a client secure a mortgage loan) and elder abuse claims.


Perilous Predicting, Roger Bernhardt, Daniel B. Bogart Sep 2008

Perilous Predicting, Roger Bernhardt, Daniel B. Bogart

Publications

This article considers the difficulty of drafting future rental provisions as illustrated in California National Bank v. Woodbridge Plaza, LLC.


Listings, Leases, And Liabilities, Roger Bernhardt Jul 2008

Listings, Leases, And Liabilities, Roger Bernhardt

Publications

This article discusses the California case Blickman Turkus v. MF Downtown Sunnyvale which could have been a rich source of guidance as to brokers’ commissions, disclosure duties, confidential communications, and agency, but instead focused on pleading issues.


When First Might Be Worst, Roger Bernhardt May 2008

When First Might Be Worst, Roger Bernhardt

Publications

This article urges attorneys to make sure that their clients are well advised when deal with the issue of relative priority of leases and loans. The subordination clause may be less important than the nondisturbance and attornment provisions.


Deficient Development Agreements, Roger Bernhardt Mar 2008

Deficient Development Agreements, Roger Bernhardt

Publications

This article discusses a California case where the county attempted unsuccessfully to alter a parcel’s status by way of a development agreement rather than by a zoning amendment.


Character And Credit: The Future Of Tenant Screening, Roger Bernhardt Jan 2008

Character And Credit: The Future Of Tenant Screening, Roger Bernhardt

Publications

This article discusses two California Court of Appeal cases where tenants lost actions against credit reporting agencies.


Construction Moratorium As A Taking Monks V City Of Rancho Palos Verdes (2008), Roger Bernhardt Jan 2008

Construction Moratorium As A Taking Monks V City Of Rancho Palos Verdes (2008), Roger Bernhardt

Publications

This article discusses a California decision which held that a moratorium on building homes in a landslide area was a permanent taking and was not justified by nuisance principles.


Lease Disclaimers And Landlord Fraud Mcclain V Octagon Plaza, Llc (2008), Roger Bernhardt Jan 2008

Lease Disclaimers And Landlord Fraud Mcclain V Octagon Plaza, Llc (2008), Roger Bernhardt

Publications

This article discusses a California case where a lease disclaimer did not insulate the landlord from liability for fraud, or even from claims of negligent misrepresentation.


Liability Of Successor Landlord For Rent Overcharges: Baychester Shopping Ctr., Inc. V San Francisco Residential Rent Stabilization & Arbitration Bd. (2008), Roger Bernhardt Jan 2008

Liability Of Successor Landlord For Rent Overcharges: Baychester Shopping Ctr., Inc. V San Francisco Residential Rent Stabilization & Arbitration Bd. (2008), Roger Bernhardt

Publications

This article discusses a California case where the recovered from the current landlord for overcharges in a rent controlled apartment that the former landlord had collected.