Real Estate

Weintraub Tobin has played a critical role in the growth and development of the greater Sacramento Region and communities throughout the state, representing clients in many of the largest and most complex real estate transactions and related financing structures to date. Whether these matters have involved the birth of a project, early-stage development, asset management, financing or disposition, or active disputes in arbitration and before the state and federal courts, our attorneys excel in providing reasoned, tactful guidance to help achieve client goals and minimize risk throughout the process. Our clients include developers, investors, financial institutions, homebuilders, property managers, brokers, contractors, construction companies, public entities, and high-wealth individuals. Our attorneys practice throughout California, assisting in matters involving a wide variety of industries and asset classes and ranging from small to multi-million dollar transactions.

Of the diverse collection of matters in which our real estate team provides legal services, we have extensive expertise in the following:

 

The acquisition and disposition of real estate often involve significant risk, requiring experienced advisors who can highlight potential exposure areas and provide creative, time-tested solutions.  Our attorneys provide counsel through the sales process, including the drafting and negotiation of purchase and sale agreements, due diligence, title and environmental issues, and facilitation of the financing and escrow process.  We assist clients with sales, acquisitions and exchanges of land, office, residential, retail, hotel, industrial, mixed-use, and other properties.

 

 

From idea to groundbreaking to occupancy, our attorneys represent developers in the acquisition and development of land and real estate projects, including design, construction and builder contracts, ground leases, easement agreements, CC&Rs, licensing and regulatory compliance including environmental compliance agreements, construction and permanent financing, and related development documentation. We also work with large-scale community developments to create, manage, and enforce governing documents. In partnership with our tax practice, we offer counsel on Opportunity Zone developments and Qualified Opportunity Fund investments.

Even the most straightforward lease transactions present exposure issues for landlords and tenants alike.  We represent landlords and tenants in negotiating leases, subleases, and assignments across all relevant industry sectors, including industrial, office, and retail properties.  This includes crafting letters of intent to frame the key lease terms, overseeing commencement and tenant improvements, and advising on complex lease interpretation issues.  Our attorneys also assist with lease enforcement, guiding landlords and tenants through default issues and ensuring that the unlawful detainer process is completed in accordance with applicable law and the parties’ agreement.  Where desirable, we help structure creative lease settlements to minimize risk to the owner’s property while preserving the tenant’s interest in it.

The success of a real estate project is typically driven by the strategic acquisition, deployment and management of capital.  We advise both borrowers and lenders in secured and unsecured credit transactions, including construction, bridge, and permanent financing and related lines of credit or operating capital.  Our lawyers assist clients with all aspects of the loan process, participating in the structuring, negotiating, documenting, closing, and administering of loans and the restructuring and workouts of troublesome financing structures. With experience representing both borrowers and lenders, our attorneys can provide a unique perspective on the interests of both parties, helping minimize unnecessary delays.

The structure of a real estate transaction is critical to preserving the expectations and interests of all parties involved, from developers to equity investors or owners.  We offer a wide range of services in this area, such as assistance in structuring development and investment entities, drafting business plans, and completing fundamental business formations. We have extensive experience with the considerable array of entity choices, including joint ventures, limited partnerships, limited liability companies, and corporations. Each of these entities has many variations to manage distinct financial, operational, and tax goals that must be carefully considered to avoid future disputes.

In the event that an investment, project, or partnership goes sideways, our team offers extensive experience in both transactional and insolvency/restructuring matters, including negotiation and pre-litigation counseling, as well as assertion of debtors’ and creditors’ rights or resultant bankruptcies. We provide the best strategies for our clients while maintaining flexibility should litigation or insolvency prove necessary.

The construction process does not always flow seamlessly from the ground to the written word.  It is therefore critical to have experienced counsel, capable of bridging the gap between project manager and contractor. We have a broad range of experience advising clients in the construction industry, including drafting and negotiating construction contracts, enforcing liens, and resolving complex construction disputes. We represent developers, homebuilders, engineering companies,  contractors, design professionals, and owners in all phases of the construction process, including contract review and negotiation, design issues, construction defects, lien preparation, and dispute resolution, including mediation, arbitration, and litigation in state and federal courts.

Our real estate team has experience and expertise with solar, wind, and battery energy storage system projects.  We have successfully represented clients in multiple aspects of renewable energy project development and ownership.  Our clients include a broad scope of parties, including landowners, project developers, owners, investors, and contractors.  The scope of services that we provide includes all of the primary aspects of development and ownership, from site acquisition, project development, tax counseling, and financing, to the purchase and sale of completed projects and project-owning entities.

 
Webinar – Don’t Get Nailed: Tips to Help Builders Avoid Lawsuits

On August 4, Weintraub Tobin lawyers Shauna Correia and Louis Gonzalez provided an overview of the most common types of lawsuits faced by builders and contractors – as well as possible new claims due to the COVID-19 health crisis – relating to employment,

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Upcoming Webinar: FSMA Made Simple: Strategic & Tactical Approaches In Preparing For New Regulations

Attorneys Lee Smith and Alden Parker will present at an upcoming webinar: “FSMA Made Simple: Strategic and Tactical Approaches In Preparing for New Regulations” at 2 p.m. August 14. After participating in this webinar,

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Sophia Cizmarik in Mansion Global: Will There Be Property Tax Proposals on the Ballot on U.S. Election Day?

Each week, Mansion Global, a real estate publication of Dow Jones/Barron’s Group, poses a question to real estate tax attorneys. Sophia Y. Cizmarik was interviewed for a September 2020 article discussing real estate tax proposals on several state ballots in November.

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Louis Gonzalez, Jr. Named Best Lawyers© 2021 ‘Lawyer of the Year’ for Litigation-Real Estate in Sacramento

Sacramento, CA – Weintraub Tobin, a leading California full-service law firm, is pleased to announce that Louis Gonzalez, Jr. was named Best Lawyers® 2021 Litigation- Real Estate “Lawyer of the Year”

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Josh Escovedo in the Sacramento Business Journal: Holding Back The Flood

Josh Escovedo is quoted in a recent Sacramento Business Journal article titled Holding Back The Flood.  The article explains how commercial evictions and lawsuits are inevitable unless Congress acts soon to help businesses.

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Commercial Eviction Moratoriums in California and Other Real Estate Issues Arising From the COVID-19 Pandemic

As a result of the ongoing COVID-19 pandemic, on March 16, 2020, Governor Newsom issued an executive order authorizing local governments to halt evictions, slow foreclosures, and protect against utility shutoffs.

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David A. Diepenbrock Joins Weintraub

Weintraub is pleased to announce that David A. Diepenbrock has joined the Firm as a Shareholder in the Firm’s Litigation and Real Estate groups. He will be based in the Firm’s Sacramento office.

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Weintraub Tobin Ranked in U.S. News – Best Lawyers® 2020 “Best Law Firms”

SACRAMENTO, CA (November 1, 2019) – Weintraub Tobin, a leading California full-service law firm, was honored to be recognized with eight first-tier rankings in the 2020 edition of U.S. News – Best Lawyers® “Best Law Firms.” The complete list of rankings is published on the U.S.

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14 Weintraub Tobin Attorneys Named to Best of the Bar 2019

  SACRAMENTO, California  – Weintraub Tobin congratulates its 14 attorneys who have been included in Sacramento Business Journal’s Best of the Bar 2019. Attorneys selected to the 2019 Best of the Bar list include Gary L.

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19 Weintraub Tobin Attorneys Named to The Best Lawyers in America© 2020

  SACRAMENTO, CA (August 15, 2019) – Weintraub Tobin, a leading California full-service law firm, is pleased to announce that 19 of our attorneys have been recognized on the 2020 The Best Lawyers in America list.

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Weintraub Tobin Elevates Two Attorneys to Shareholder

Weintraub is pleased to announce that Tara Sattler and Mark E. Ellinghouse have been named as Shareholders in the law corporation. Mark Ellinghouse provides counsel to his clients in commercial real estate transactions,

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31 Weintraub Tobin Attorneys Named to 2019 Northern California Super Lawyers and Rising Stars Lists

Weintraub Tobin is pleased to announce that more than 30 Weintraub Tobin attorneys have been included on the 2019 Super Lawyers and Rising Star lists for outstanding attorneys Northern California.  In addition,

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24 Weintraub Tobin Attorneys included in Sacramento Magazine’s Top Lawyers List 2019

  Weintraub is pleased to announce that 24 of the firm’s attorneys have been recognized as 2019 Top Lawyers by Sacramento Magazine.  The full list of 2019 Top Lawyers will be featured in the August,

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Weintraub Tobin Chediak Coleman Grodin Law Corporation ranked in 2019 “Best Law Firms”

  Sacramento, CA, United States, November 1, 2018 — U.S. News & World Report and Best Lawyers, for the ninth consecutive year, announce the “Best Law Firms” rankings. Weintraub Tobin Chediak Coleman Grodin Law Corporation has been ranked in the 2019 U.S.

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19 Attorneys from Weintraub Tobin were recognized in The Best Lawyers In America ©2019

SACRAMENTO, California – August 15, 2018 – Weintraub Tobin congratulates its nineteen attorneys who have been included in The Best Lawyers of America© 2019 list. David Adams, Sacramento, Corporate Governance Law,

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24 Weintraub Tobin Attorneys included in Sacramento Magazine’s Top Lawyers List 2018

SACRAMENTO, California – July 19, 2018 – Weintraub Tobin Law Corporation congratulates its 24 attorneys who have been included in Sacramento Magazine’s 2018 Top Lawyer List. David Adams | Business/Corporate, Securities &

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621 Capitol Mall sale finalized, one of the largest and most notable sales in Sacramento

  Congratulations to our client in its closing today of the sale of 621 Capitol Mall in Sacramento, California. We are pleased to have represented them in the sale of this trophy property,

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Weintraub Tobin Chediak Coleman Grodin Law Corporation ranked in 2018 “Best Law Firms”

  Sacramento, CA, United States, November 1, 2017 — U.S. News & World Report and Best Lawyers, for the eighth consecutive year, announce the “Best Law Firms” rankings. Weintraub Tobin Chediak Coleman Grodin Law Corporation has been ranked in the 2018 U.S.

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19 Attorneys from Weintraub Tobin were recognized in The Best Lawyers In America© 2018

SACRAMENTO, California – August 16, 2017 – Weintraub Tobin congratulates its nineteen attorneys who have been included in The Best Lawyers of America© 2018 list. David Adams, Sacramento, Corporate Governance Law,

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21 Weintraub Tobin Attorneys included in Sacramento Magazine’s Top Lawyers List 2017

SACRAMENTO, California – July 26, 2017 – Weintraub Tobin Law Corporation congratulates its 21 attorneys who have been included in Sacramento Magazine’s 2017 Top Lawyer List. Brendan Begley | Appellate Gary L.

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Four Weintraub Tobin Attorneys Recognized as “Rising Stars” in Southern California

Weintraub Tobin, one of California’s leading, full-service law firms, is pleased to announce that Eric Caligiuri, Jacob Gonzales, Jessica Marlow, and Darrell White  have been named to the 2017 Southern California “Rising Stars” list.

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Weintraub Tobin Ranked in 2017 ‘Best Law Firms’

  Sacramento, California – November 2, 2016 – U.S. News & World Report and Best Lawyers, for the seventh consecutive year, announce the “Best Law Firms” rankings. Weintraub Tobin Chediak Coleman Grodin Law Corporation has been ranked in the 2017 U.S.

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Nine Weintraub Tobin Attorneys Named to Best Lawyers In America© 2017

SACRAMENTO, California – August 15, 2016 – Weintraub Tobin congratulates its nine partners who have been included in The Best Lawyers of America© 2017 list. David Adams, Sacramento, Corporate Governance Law &

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18 Weintraub Tobin Attorneys Named to Sacramento Magazine’s Top Lawyers List 2016

  SACRAMENTO, California – July 25, 2016 – Weintraub Tobin Law Corporation congratulates its 18 attorneys who have been included in Sacramento magazine’s 2016 Top Lawyer List. David C. Adams | Business/Corporate, 

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Sioukas Family Closes First Metro Air Park Sale To Major User

  More information can be found at the Sac Bee here or at Business Wire here.

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Weintraub Tobin Named to Best Law Firms 2016 and Nine Weintraub Tobin Attorneys Named to Best Lawyers In America

  SACRAMENTO, California – August 18, 2015 – Weintraub Tobin Chediak Coleman Grodin Law Corporation congratulates its nine attorneys who have been included in The Best Lawyers of America© 2016. David C.

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20 Weintraub Tobin Attorneys Named to Sacramento Magazine’s Top Lawyers List 2015

  SACRAMENTO, California – August 7, 2015 – Weintraub Tobin Chediak Coleman Grodin Law Corporation congratulates its 20 attorneys who have been included in Sacramento magazine’s  Top Lawyer List 2015. David C.

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Weintraub Tobin Changes Management Structure to Handle Growth

By Kathy Robertson, Sacramento Business Journal Growing at a steady clip — now with five offices statewide — Sacramento law firm Weintraub Tobin launched a new management structure this week. In recognition that the job of managing partner is now too big for one person who still wants to practice law,

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Eight Weintraub Tobin Attorneys Named to Best Lawyers In America© 2015

SACRAMENTO, California – August 25, 2014 – Today, Weintraub Tobin Chediak Coleman Grodin Law Corporation (Weintraub Tobin) congratulates its eight partners who have been included in The Best Lawyers of America© 2015.

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Weintraub Tobin and Waldron & Bragg Merge

Download: WTWB Merger Press Release FINAL.pdf Weintraub Tobin Chediak Coleman Grodin Law Corporation and Waldron & Bragg, a professional corporation, have jointly announced the merger of their business law and litigation firms.

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Weintraub Tobin Raises Money for American Heart Association

Heart Walk Logo For a third year in a row, Weintraub Tobin is working to raise funds for cardiovascular diseases and stroke by partaking in the American Heart Association Heart Walk on Saturday,

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Eight Shareholders Named 2014 Best Lawyers in America®

Weintraub Tobin Chediak Coleman Grodin, a business law and litigation firm, is pleased to announce that eight of its partners were recently selected by their peers for inclusion in the 2014 edition of Best Lawyers in America®.

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Seven Weintraub Tobin Attorneys Included in the Top 25 List by Super Lawyers

Download: Super Lawyers 2013.pdf SACRAMENTO, Calif., July 8, 2013 – Weintraub Tobin Chediak Coleman Grodin, a business law and business litigation law firm congratulates seven attorneys on being named as one of the Top 25 Sacramento Super Lawyers of 2013.

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Weintraub Tobin office space wins “Tenant Improvement of the Year”

Weintraub Tobin Chediak Coleman Grodin has won “Tenant Improvement of the Year” in the Sacramento Business Journal’s Real Estate Projects competition. The office remodel for Sacramento’s second largest law firm was lauded by judges for its “energy.” Said one judge: “The design was done tastefully and professionally for a law office,

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Weintraub Tobin Announces Lee N. Smith Joins Firm

Download: Lee Smith Joins Weintraub Tobin.pdf SACRAMENTO / SAN FRANCISCO / LOS ANGELES –Weintraub Tobin Chediak Coleman Grodin Law Corporation, a business law and litigation firm, is pleased to announce that Lee N.

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It’s Official – Weintraub Merges with San Francisco Firm Tobin & Tobin

Weintraub Genshlea Chediak Law Corporation and Tobin & Tobin, a professional corporation, jointly announce the merger of their business law and litigation firms. The combined firm will be named Weintraub Genshlea Chediak Tobin &

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C.O.R.E. GROUP INVITES KVARME AND MASSARI TO ASSIST WITH DOWNTOWN SPORTS/ENTERTAINMENT COMPLEX

Larry Kelley and his senior management team at McClellan Park have joined the C.O.R.E. Group of Ali Mackani to lead the effort to develop a downtown Sacramento entertainment and sports complex.

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Seven Weintraub Genshlea Chediak Attorneys Named in Best Lawyers of America for Sacramento

Weintraub Genshlea Chediak congratulates all of the attorneys who were included in the distinguished list of 2011 “The Best Lawyers in America®” for Sacramento: Banking Law Joseph S. Genshlea Bet-the-Company Litigation Joseph S.

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Twelve Weintraub Genshlea Chediak Attorneys Honored as Northern California Super Lawyers and Rising Stars

SACRAMENTO, Calif., July 14, 2010 – Weintraub Genshlea Chediak, a Sacramento-based business law and business litigation law firm congratulates its twelve attorneys who were named as 2010 Northern California SuperLawyers and Rising Stars: SuperLawyers: Gary L.

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Weintraub Genshlea Chediak Announces New Los Angeles Office

Sacramento’s fifth-largest law firm quietly opened a branch in Los Angeles this week. Weintraub Genshlea Chediak Law Corp. has hired two litigators in an office on Wilshire Boulevard to solidify a toehold in the intellectual property,

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Weintraub Genshlea Chediak Announces New Managing Shareholder Michael Kvarme

Sacramento, Calif.–Weintraub, a business law and business litigation firm, announces that Michael A. Kvarme has been elected as managing shareholder, effective January 1. Mike Kvarme will succeed Gary Bradus, who served as managing shareholder since 2007.

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Fourteen Weintraub Genshlea Chediak Attorneys Honored As 2009 Nor Cal Super Lawyers and Rising Stars

Fourteen Weintraub Genshlea Chediak Attorneys Honored as 2009 Northern California Super Lawyers and Rising Stars SACRAMENTO, Calif., July 21, 2009 –Weintraub Genshlea Chediak, a Sacramento-based business law and business litigation law firm congratulates its fourteen attorneys who were named as 2009 Northern California Super Lawyers and Rising Stars: Super Lawyers: Dale C.

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Six Weintraub Genshlea Chediak Attorneys Honored As 2008 Northern California Super Lawyers

Six Weintraub Genshlea Chediak Attorneys Honored as 2008 Northern California Super Lawyers SACRAMENTO, Calif., July 31, 2008 –Weintraub Genshlea Chediak, a Sacramento-based business law and business litigation law firm congratulates its six shareholders who were named as 2008 Northern California Super Lawyers: Dale C.

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Seven Weintraub Genshlea Chediak Attorneys Honored as 2007 Northern California Super Lawyers

Seven Weintraub Genshlea Chediak Attorneys Honored as 2007 Northern California Super Lawyers SACRAMENTO, Calif., July 27, 2007 –Weintraub Genshlea Chediak, a Sacramento-based business law and business litigation law firm congratulates its seven shareholders who were honored as Northern California Super Lawyers as published in San Francisco Magazine and Northern California Super Lawyers Magazine.

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Local Law Firms Struggle to Improve Associate Retention

As the Firm Churns – Law Firms Fight to Add Stability and Improve Associate Retention Sacramento Business Journal May 18, 2007By Kathy Robertson, Staff Writer Attorney Darrin Menezes was quoted in this Sacramento Business Journal article about working at three different Sacramento law firms.

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Weintraub Genshlea Chediak Elects Three Shareholders

Download: DeAngelis Kent and West Shareholder Press Release.pdf FOR IMMEDIATE RELEASE SACRAMENTO, Calif., February 26, 2007 – The Sacramento based law firm of Weintraub Genshlea Chediak, a business law and business litigation firm,

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Recent Federal Decision Regarding Business Interruption Insurance Could Mark a Turning Point for COVID-Affected Businesses

Many businesses affected by COVID-19 and the related shelter-in-place orders are turning to their business interruption insurance policies in hope of finding relief. In general terms, a business interruption insurance policy replaces some or all of a business’s income when the business is forced to curtail or cease its operations as the result of a disaster.

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Recent Case Confirms Need for Landlords and Tenants to Address Force Majeure and COVID-19 in All Current and Future Agreements

While the effects of the COVID-19 health crisis have impacted daily life for months, the legal implications of this pandemic are just starting to develop. Unforeseen conditions often wreak havoc on existing contractual relationships,

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Frustration of Purpose: How Two WWII-era Cases Provide Guidance Regarding Lease Enforcement During the COVID-19 Health Crisis

Unlike the Great Recession in 2008, landlords and tenants responding to the negative economic impact of the COVID-19 health crisis appear to be focusing more on rent relief as opposed to strict interpretation and enforcement. 

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Reopening Commercial Buildings: Guidelines and Legal Duties

Landlords and property managers have massive amounts of guidance materials available to them as they prepare to reopen their properties. These materials detail many different things a property owner can do. 

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Opportunity Zone Funds and Investors Get Relief in Light of COVID-19

On June 4, 2020, the Internal Revenue Service published Notice 2020-39 (Notice) which provides relief to qualified opportunity funds (QOFs) and their investors in light of the COVID-19 pandemic.  Here is a summary,

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Post Moratorium Evictions

As the first of the rent moratoriums are expiring, landlords throughout California are eager to file unlawful detainer actions to obtain possession of their properties from tenants who have failed to pay rent or comply with repayment obligations.

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Strategies for Granting Rent Relief in the Age of COVID-19

Over the past several months, the COVID-19 health crisis has affected everyday life by a magnitude that is hard to fathom. Routine tasks, such as going to the grocery store or walking the dog,

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Coronavirus-Related Tax Relief for the Real Estate and Agricultural Industries

Through various mechanisms, the federal government has issued several forms of tax relief to real estate and agricultural businesses impacted by the current COVID-19 pandemic. The majority of the tax relief was included in the Coronavirus Aid,

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Commercial Eviction Moratoriums in California and Other Real Estate Issues Arising From the COVID-19 Pandemic

As a result of the ongoing COVID-19 pandemic, on March 16, 2020, Governor Newsom issued an executive order authorizing local governments to halt evictions, slow foreclosures, and protect against utility shutoffs.

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Time to Get Down to Business: Change in Eviction Notice Requirements Now in Effect

  By Mark E. Ellinghouse & Josh H. Escovedo   As you may know, late last year, California Governor Jerry Brown signed Assembly Bill 2343, which changes the long-standing notice requirements that apply before a landlord can pursue an unlawful detainer action against a tenant who has violated its lease.

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The Wonderful Land of OZ: An Overview of Opportunity Zones

Opportunity Zones (or OZs) may be the most talked-about provision of the Tax Cuts and Jobs Act of 2017.  There are many twists and turns on the yellow brick road to completing an OZ project. 

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More Borrowers Prevail

By Michael Kvarme The New York Times article highlights two recent cases focusing on the behavior of banks in the loan administration and collection process and ruling in favor of borrowers.

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Loan Document Interpretation – Wow! Drafter Beware.

By Michael Kvarme A California Court of Appeals recently opined on what appear to be fairly normal yield maintenance provisions. The Borrower defaulted. The bank accelerated the note and later foreclosed.

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Industry Critical of Proposed Prop 65 Regulations

By: Real Estate The California Office of Environmental Health Hazard Assessment’s  (OEHHA)  2014  proposed regulations to revise  Proposition 65 warnings has been widely panned by industry critics.  The overhaul was requested by Governor Brown last year when a related effort to gain a consensus on proposed rules was unsuccessful.  

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New FDA Strategy Document for FSMA, Food Safety Modernization ACT

By: Real Estate The USDA has issued a new “strategy” document that outlines the agency’s direction with regard to implementing the Food Safety Modernization Act (“FSMA”).  The document is intended to “to guide the next phase of FSMA implementation by outlining broadly the drivers of change in FDA’s approach to food safety and the operational strategy for implementing that change.” The strategy includes agency internal changes as well as purporting to be a guide to the rules regarding food and feed facilities,

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Prop 65 Revisions are Ongoing, Public Meeting on July 30, 2013

This is from OEHHA’s website; the colored comments are ours. On July 30, 2013, the Office of Environmental Health Hazard Assessment (OEHHA) will hold a public pre-regulatory workshop for the purpose of gathering input from interested parties on the content of a regulation that would address Proposition 65 warnings.

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FDA Proposes Arsenic Action Level for Apple Juice

On July 12, 2013 the FDA announced a proposed action level of 10 ppb (parts per billion) for arsenic in apple juice. The 10 ppb is the same as EPA arsenic in drinking water standards.

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Empowering Embattled Landowners: The Recent Koontz Decision

The Supreme Court has shifted the land use playing field back towards landowners and away from government freedom to impose conditions on the development of property. While by no means invalidating local government land use regulatory authority,

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Court Requires FDA to Final FSMA Regulations by June 2015

Judge Phyllis Hamilton of the U.S. District Court of Northern California ruled that the FDA must publish all of the final regulations required under the Food Safety Modernization Act by June 30,

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