Author: hsrgb

By Adrian ReynaNovember 19, 2024 Every residential landlord must be aware of a key change: one of the bills Governor Newsom signed into law this autumn aims to help residential tenants improve their credit scores by requiring many residential landlords to offer to report each tenant’s “positive rental payment information” to credit agencies. Offer to…

By Austin QuinnNovember 8, 2024 If it sounds too good to be true, it probably is. In the eyes of the IRS, “buying deductions” through syndicated conservation easement transactions falls squarely in this category.  The U.S. Treasury Department and IRS recently issued final regulations classifying syndicated conservation easement transactions as “listed transactions” – a form…

By Sabrina D. JohnsonOctober 31, 2024 It goes without saying that real estate is a hot commodity in San Diego County. With the increased property values, comes increased disputes between neighboring owners over property boundaries. Every square foot counts where we are paying premium prices (and property taxes!) for our beloved San Diego land. Disputes frequently arise…

Two lawyers with HechtSolberg have been designated among The Best Lawyers in America® for 2025 in two practice areas: Paul E. Robinson, honored for Land Use and Zoning Law and Real Estate Law, and David W. Bagley II, honored for Real Estate Law.  Paul was also named the Best Lawyers in America 2025 Land Use and Zoning Law…

By Mickey MaherAugust 2, 2024 In the current economic climate, distressed tenants increasingly are approaching landlords about terminating their leases early – especially in retail and office settings. In a variation of the theme, a tenant may look to surrender a portion of its premises before its lease expires in consideration for reduced rent. No…

By Adrian ReynaJune 17, 2024 The California Legislature has the power to supersede nearly all local ordinances, even those that have been passed through a popular vote of the people via initiative.  The Legislature can also bestow this power upon local governments, especially in response to state-wide issues. The Second District Court of Appeal confirmed…

By Sadaf BehdinJune 10, 2024 Restrictions on Transfers California law generally favors the right to transfer interests in property. To that end, it’s no surprise that courts liberally interpret transfer provisions in commercial leases. Any ambiguity regarding a tenant’s ability to transfer its interest in a lease will be construed in favor of transferability. Even…

By Adrian ReynaMay 6, 2024 The United States Supreme Court (“SCOTUS”), in a unanimous decision, recently held in the case of Sheetz v. County of El Dorado that the analysis historically applied to administratively imposed fees as conditions on the issuance of building permits also applies to such fees that are imposed legislatively. Though Sheetz…

Tenant Wins Appeal After Landlord Fails to Disclose Hazardous Materials of Which the Landlord had Knowledge By Michael J. (“Mickey”) Maher and Sabrina D. JohnsonApril 24, 2024 Earlier this year in Epochal Enterprises, Inc. v. LF Encinitas Properties, LLC (2024) 99 Cal.App.5th 44 (“Epochal”), a California Court of Appeal ruled in favor of a tenant…

By Adrian Reyna and David J. VogelMarch 22, 2024 A recent California 1st District Court of Appeal decision, Honchariw v. FJM Private Mortgage Fund, LLC (83 Cal. App. 5th 893) (“Honchariw”), held that default interest charged on the entire outstanding principal balance of a defaulted commercial loan constitutes an unenforceable penalty.  The court’s decision in…