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April 2016 Archives

Multifamily Housing Market Expected to Grow

In a prior post, we highlighted the sunny outlook for commercial real estate projects in Southern California. Essentially, there is a strong sense of confidence among commercial real estate developers that is expected to last through 2018. With such optimism on the commercial side of real estate development, can the same be said for residential projects?

Visit TLF at Booth 208 at the 2016 MHI National Congress & Expo

Join L. Sue Loftin, Ariel Bedell, and Liam Perry at the 2016 MHI National Congress & Expo for Manufactured and Modular Housing on May 3-5 at Caesars Palace in Las Vegas, Nevada.

Plaintiffs Sue Group of Surfers and City of Palos Verdes Estates

In a strange story, an El Segundo police officer and several other named plaintiffs have initiated class action litigation against a group of surfers referred to as the Lunada Bay Boys, the City of Palos Verdes Estates, and the city's chief of police. The plaintiffs allege that "non-resident, non-local visiting beachgoers to Palos Verdes Estates have been unlawfully excluded from recreational opportunities at Palos Verdes Estates parks, beaches, and access to the ocean." Further, the plaintiffs argue that the Lunada Bay Boys, with the approval of the city, have "knowingly built and maintain[] an unpermitted masonry-rock-and-wood fort and seat area in violation of the California Coastal Act."

AIR Form Commercial Lease and Tenant Concerns - Part 2

In this second blog of our series on a commercial real estate tenant's concerns with the AIR form lease, we focus specifically on the allocation of liabilities and risks between the landlord and tenant.

UPDATE: SeaWorld Drops Blue World Project and Coastal Commission Lawsuit

In another interesting twist in the ongoing SeaWorld saga, the theme park announced that it's dropping the plan to expand the orca habitat expansion (the Blue World project) and its pending litigation against the California Coastal Commission.

Beware: Online Legal Companies May Not Actually Save You Money

As we've noted before, online legal preparation services have not solved near as many problems for individuals and small businesses as their expensive television advertisements may lead you to believe. In fact, quite the opposite is true but many don't recognize the shortcomings and instead focus on the apparent cost savings. As one New York business divorce lawyer recently highlighted, documents from the various online legal services companies can often lack some crucial information that may actually cost you much more down the road:

Real Estate Developers Concerned with Southern CA Zoning Measures

A recent trend in Southern California cities has real estate developers concerned. Simply stated, cities are being restricted from issuing zoning changes which are crucial for new development projects. Cities like Malibu, Encinitas, and Newport Beach are just a few examples of cities that already have restrictions in place that prevent them from issuing the zoning changes for real estate development projects.

Private equity firm makes major real estate purchase in San Diego

As we have noted in our past posts, it appears that the commercial real estate market in Southern California has come back. And with such real estate at a premium, large private equity groups are purchasing warehouses, vacant retail locations and office buildings ostensibly with the anticipation that values will consistently increase.

North San Diego County Real Estate Update: March 28 to April 8

In our first bi-weekly edition of the North San Diego County Real Estate Update, we wanted to compile a summary of a few recent stories that may be of special interest to our readers. Moving forward, we plan to publish an update every few weeks to note stories that may affect the commercial real estate and residential real estate markets in Northern San Diego County.

A Motion For Sanctions Can Be Helpful in Litigation

Any member of an HOA board or management company is aware the extreme costs lawsuits can pose to the association no matter how frivolous the suit is. Homeowner's associations can greatly benefit from the use of Motions for Sanctions under California's Code of Civil Procedure Section 128.7.

San Diego Business Sues Executives For Breach of Fiduciary Duty

Last week, it was reported that a San Diego corporation, Trovagene, Inc., fired and initiated business litigation against two of its executives - CEO Antonius Schuh and CFO Stephen Zaniboni. In that lawsuit, the corporation alleges that the two executives breached their fiduciary duties by usurping a corporate opportunity that should have been presented to the corporation, but was instead taken for the personal gain of the executives. Schuh and Zaniboni deny the allegation and released a statement claiming that "there are no merits to the actions the company has taken against us." Schuh has since stated that he plans to file a lawsuit against Trovagene for wrongful termination, which he expects Zaniboni to join. Unfortunately, this sequence of events is not uncommon when the relationship between a business and an executive sours.

Hackers Breach Two Prominent New York City Law Firms

Many Americans are becoming all too familiar with the news that another large business has been the victim of a cyber attack. The most recent victims were two prominent, white-collar law firms based in New York City: Cravath Swaine & Moore LLP and Weil Gotshal & Manges LLP. Some news outlets have even reported that federal investigators are attempting to determine whether these attacks were intended to steal information for insider trading. Whether that's indeed the case, or if the attacks were simply a generic attempt to obtain sensitive information, businesses should pay attention.

Has the commercial real estate market returned for good?

There's some truth to the old adage "hope springs eternal." In most regions of the country, this is associated with the changing of winter to spring and the optimism that comes with it. Even though it is spring time for most of the year in our region, the optimism for the commercial real estate market continues.

You're Invited: "Glamour, Glitz, Hats & Heels" Returning May 20

We're once again excited to partner with the Carlsbad Chamber of Commerce and Savvy Women Wealth Management to celebrate women-owned businesses and professionals at "Glamour, Glitz, Hats & Heels, an afternoon tea and social." This second annual signature afternoon tea and business social will be hosted by the Sheraton Carlsbad Resort & Spa on Friday, May 20 from 2pm to 5pm and will feature former NBC anchor, Susan Taylor and a fashion show that shouldn't be missed. We hope you'll join us at this event and celebrate women-owned businesses in Carlsbad. Don't miss out -register today!

California Legislature Passes Measure to Raise Minimum Wage

Late last week the California Assembly and Senate passed Senate Bill 3 (Leno - D), which will increase the state's minimum wage to $15 an hour by the year 2022 (2023 for a business with less than 50 employees). The bill is now headed to Governor Brown's desk and he is expected to sign the measure into law.

Sue Loftin Returns to Truth Radio on ESPN 1700am

Yesterday morning, L. Sue Loftin, founder and managing shareholder of The Loftin Firm joined Jesse Ibanez, host of Truth Radio on ESPN Radio, to discuss the California Coastal Commission.Within the hour they discussed the expansion of the Coastal Commission's authority and Sue highlighted "5 Things To Consider if Your Property is in the CA Coastal Zone." You can tune into to hear a recording of the show here

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The Loftin Firm, P.C.
5760 Fleet Street
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Carlsbad, California 92008-4713

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Phone: 760-814-9649
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