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By: Simkin & Associates

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Michael Simkin

Latest from Legal Secrets

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Conformed pages Complaint Finally, common sense prevails in Santa Monica “related to housing laws”!  In the Federal (9th Circuit) case of Salisbury v. City of Santa Monica (2021)  What is even more entertaining, is the video argument.  Check it out: Salisbury Video of Oral Argument  Judge Bea is so cool and old school, really knows how to get to the point! This case was about a non-tenant, who stayed in a mobile home after his father died.  He wanted a parking space closer to his mobile home.  Instead he got booted out!  The Ninth U.S. Circuit Court of…
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Partners, and spouses, can lose title insurance if they transfer title out of their names or the entity in which they took title without first obtaining the proper title insurance Endorsement.  The most common endorsement is called a Residence Held in Trust Endorsement (HO 05 43)  If the transferor signs a grant deed, he is deemed to make the covenants described in Civ. Code § 1113, “and none other.” Id. If the person who signs a grant deed breaches any of the covenants set forth in the statute, he is not going to have any title insurance coverage, because title insurance…
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Residential leases, in any facility where a person “resides”, cannot contain a mandatory arbitration clause.  The plain language of Civil Code Section 1953 states that waivers of litigation rights in a lease or rental agreement are void as public policy, and Civil Code section 1940 extends these rights to tenants, lessees, boarders, or others of a “dwelling unit.”  This has been extended to senior care facilities because they also “reside” there.  See Harris v. University Village Thousand Oaks CCRC, LLC (2020) 49 Cal.App.5th 847 Another case on the same arbitration issue, concerning a tort claim for bed bugs, also held…
Title VI of the Civil Rights Act of 1964 was clearly extended to protect Jews as “a nationality”.  However, while thousands of year ago that may be a true statement, perhaps as early as King Solomon’s time, Jews have lived in other nations.  Today, and for hundres, if not over two thousand years, Jews do not consider themselves a nationality, a religion and perhaps a culture.  The policy is that “Discrimination against Jews may give rise to a Title VI violation when the discrimination is based on an individual’s race, color, or national origin.”  It seems the impetus was this…
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Does this Federal Court’s ruling mean that Jews are “not white”?  Shaare Tefila Congregation v. Cobb, 481 U.S. 615 (1987) The U.S. Supreme Court held in a case where a synagogue was painted with anti-Semitic slogans  and symbols, a lawsuit was filed in Federal District Court, alleging that the desecration violated 42 U.S.C. § 1982. The trial court dismissed petitioners’ claims, and the Court of Appeals affirmed, holding that discrimination against Jews is not racial discrimination under § 1982.  This law was enacted as part of the 1866 Civil Rights Act.  42 USC §1982 provides: All citizens of the United…
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The home owner should make sure the contract contains an “option to terminate—time of the essence” clause. In Call v. Alcan Pac. Co., 251 Cal. App. 2d 442  (3d Dist. 1967) the court considered such a clause. This type of clause provides that if the contractor does not prosecute the work diligently, the owner may give written notice, and that if the contractor does not then resume work in a diligent manner, the owner may take over the job. The owner, with such a contract clause, has what amounts to an option to terminate the contract if the contractor delays…
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Logically, the 4 year statute of limitations of Civil Code §387(1) applies to breach of a promissory note secured by a deed of trust.  But foreclosure on the deed of trust is not limited to the “normal” statute of limitations.  In Trenk v. Soheili, (Dec. 2020) B295434, (Los Angeles County Super. Ct. No. PC058343), the court analyzed the 10/60 year rule of Civil Code ╘880.020.  In 2001 a lawyer was sued for malpractice, he settled in 2003 agreeing to pay $100,000 secured by a deed of trust on his community property house.  The promissory note gave him three years to…
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The mail box rule survives.  Many leases, including the AIR leases, provide that notices are “deemed given” if they are “addressed as required herein and mailed with postage prepaid.” This case involved a certified mail letter, which does not require handing it to the post man, just “mailing it”.  The result is all a landlord or tenant needs to prove is that they mailed the letter, NOT actual receipt.  See Jenkins v. Tuneup Masters (1987) 190 Cal.App.3d 1…