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September 2015 Archives

Proposed Mobilehome Park Subdivision Denial Upheld by Court of Appeal

A recent decision by the California Court of Appeal upheld the City of Carson's denial of the proposed subdivision of a mobilehome park on multiple bases, including that it was inconsistent with the open space element of the City's general plan. Carson Harbor Village, Ltd. v. City of Carson, No. B25011 (Second Dist. August 21, 2015).

San Jose Affordable Housing Decision Appealed to U. S. Supreme Court

In litigation with broad impact for residential real estate development and affordable housing, the Building Industry Association has appealed their loss in CBIA v. City of San Jose, 61 Cal. 4th 435 (2015), to the U. S. Supreme Court. In that decision, the California Supreme Court sided with the City of San Jose, saying that the City's affordable housing ordinance, which requires that new developments sell 15 percent of their units at reduced prices, is not an "exaction" triggering a strict analysis under the California and U.S. Constitutions, as to whether a government has taken property without compensation (takings). Instead, the ordinance and its development conditions would be analyzed like any other municipal ordinance.

What's the difference between a member-managed and manager-managed LLC?

California limited liability companies (LLCs) are governed by the California Revised Uniform Limited Liability Company Act (RULLCA). Under RULLCA, LLCs may be managed either by all of the members ("member-managed") or by one or more managers ("manager-managed"). As a default rule under RULLCA, the LLC is managed by all of its members unless the articles of organization and operating agreement provide otherwise. Corp. Code ยง 17704.07(a). Thus, we must ask "In practice, how do these two management types function?"

A look at tiny homes and what they could do for California

Talk to anyone here in San Diego County, or across the nation for that matter, and they will tell you that property can be incredibly expensive in California. This is perhaps the biggest downside our state has to offer its residents, many of whom may struggle to afford their homes or rental properties.

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The Loftin Firm, P.C.
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Carlsbad, California 92008-4713

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