Real Estate & Construction

Everything You Need to Know About Custody Schedules for Infants and Baby Parenting Plans Creating the right visitation schedule for a newborn can be daunting for the new parents. They both want to spend as much time as possible and bond with their new baby, but figuring out what parenting plan works best for an infant may seem impossible. Although both parents will probably want as much time as possible with their newborn or infant, the primary consideration must be how to best meet the baby’s needs. When it comes to designing a custody schedule for a baby, there are…
What is a Heggstad Petition? California Probate Code 850, also known as a Heggstad petition, is a judicial proceeding used to avoid costly and time-consuming probate proceedings by petitioning the court to transfer property that should have been titled in the name of a trust (but was not) into said trust after the decedent has already passed away. Before attempting to file a Heggstad petition on your own, it is highly advisable to consult a trust, estate, and probate attorney in California. California’s probate laws are extremely complex, with little to no room for error. An experienced attorney can…
A city’s ban on short-term vacation rentals in the coastal zone constitutes “development” under the California Coastal Act. Therefore, the Coastal Commission must first approve a coastal development permit, an amendment to the city’s certified local coastal program, or an amendment waiver before such a ban can be imposed. Kracke v. City of Santa Barbara, 63 Cal. App. 5th 1089 (2021). Until 2015, the City of Santa Barbara allowed short-term vacation rentals as long as the owner registered the unit with the city, obtained a business license, and paid transient occupancy taxes. In 2015, the City Council directed its staff…
What Can I Do If the Mother Won’t Let Me See My Child in California? When a parent seeks help from a family law attorney because the other parent is withholding their child, the first question is always whether there is a custody order in place. If there is already a current custody order, then the parent withholding the child is likely violating the court order. There are several remedies available for enforcing or modifying a custody court order under these circumstances. In the event that the parties do not have a child custody order, however, the withholding…
A court of appeal invalidated a water district’s adopted rate increases, concluding that the district failed to meet its burden under Proposition 218 of establishing that the increases did not exceed the cost of providing the water service. KCSFV I, LLC v. Florin County Water District, No. C088824 (3rd Dist., May 28, 2021). Following a hearing, the Board of Directors of the Florin County Water District voted to increase its water rates by 50 percent. Data presented by staff at the hearing showed that revenues would exceed expenditures in each of the four years following the rate increase, culminating in…
In March 2020, as part of a series of emergency measures in response to the COVID-19 pandemic, Governor Newsom signed Executive Order N-29-20, allowing local and state agencies to hold virtual meetings via teleconference and to make meetings accessible electronically notwithstanding the open meeting laws in the Bagley-Keene Act and the Brown Act. These provisions were due to expire on June 15, 2020. On June 2, 2021, in response to a written request by a coalition of local government agencies, the Governor announced that N-29-20 will not terminate on June 15, and that state and local agencies can continue to…
Can a Parent Stop a Child From Seeing the Other Parent? Whenever parents are separating, one parent is often asking this question. It often comes up in the following situations. The parents (whether married or unmarried) are no longer together and the child resides with one of the parents. The parent with whom the child lives is limiting contact between the child and the other parent, but there is no current court order. The parents have an existing custody and visitation order, and one parent is violating the court order by interfering with the other parent’s parenting time. The parents…
While the general rule in American courts is that each party pays their own attorney’s fees, parties in bankruptcy adversaries and contested matters in California may be entitled to file a motion for attorney’s fees if a contract provides for such a recovery under California Code of Civil Procedure 1021. This pertains to prevailing parties in various matters in California bankruptcy courts, including nondischargeability for fraud. The American Rule: Each Party Must Pay Their Own Attorney’s Fees Except Where a Statute or Contract Provides Otherwise Known as the American Rule, the law in California is that “[e]ach party to a…
AB 900, a law that provided for speedy resolution of California Environmental Quality Act (CEQA) litigation, was allowed to “sunset” at the end of the 2020 legislative session, without an anticipated legislative extension. On May 20, 2021, Governor Newsom signed SB 7, the Jobs and Economic Improvement Through Environmental Leadership Act of 2021, to reinstate and expand the former AB 900 streamlining process for certain environmental leadership development projects (ELDPs). SB 7 allows new ELDPs to be certified through 2023 and approved through 2024, and makes a new class of smaller residential projects eligible for certification for the first…
California Governor Gavin Newsom recently signed legislation, Senate Bill No. 7, that reenacts a streamlined litigation process for certain “environmental leadership development projects” and extends eligibility to additional housing projects. Previous legislation offering similar benefits to a narrower range of developments expired on January 1. To qualify for judicial streamlining under SB 7, a project must meet the following criteria: The project is for residential, retail, commercial, sports, cultural, entertainment, or recreational uses. The project is located on an infill site. For residential projects, at least 15 percent of units are set aside for lower-income households. For non-residential projects, the…