Articles

Tree Disputes in California

This article delves deeply into tree disputes in California, breaking down the California Civil Code sections 833 and 834, examining tree ownership dynamics, detailing the roles of local government, utility companies, and the intricacies of Homeowners Associations. Furthermore, it sheds light on the right to self-help, the benefits of mediation as an alternative, potential legal avenues in lawsuits, and the perspectives of insurance agencies on tree-related damages. Read more...

Case Study: Contract Disputes

This article provides a step-by-step guide for resolving contract disputes in California, using a San Mateo homeowner's experience with a non-responsive contractor as an example. It emphasizes the need to act promptly within California's four-year window for legal claims after a contract breach, starting with mandatory mediation, and progressing to filing a lawsuit if necessary. Read more...

Case Study: Parking Disputes

This article explores a parking dispute in an apartment complex, focusing on a situation where a neighbor's car is parked in another resident's designated space. The article outlines relevant property rights, the role of property management, and legal considerations surrounding towing regulations. It outlines potential pathways to resolution such as utilizing property management. Read more...

Mechanic's Liens in California

This article provides an overview of mechanic's liens in California, explaining that they are filed by construction participants to secure payment for their services. It highlights the importance of resolving mechanic's liens before selling a property and offers suggestions on how to prevent them, such as establishing clear payment terms and hiring licensed contractors with good payment reputations. Read more...

Habitual Dog Barking in San Mateo County

This article outlines the San Mateo County ordinance code regarding habitual dog barking and provides instructions for submitting a complaint. It advises maintaining a log, obtaining witness verification, sending courtesy cards, and attempting mediation. Fulfilling all requirements is essential for the police department to take appropriate action, and additional resources are available for further assistance. Read more...

California's Statewide Tenant Protection Act

This article provides an overview of the California Tenant Protection Act (AB 1482), which grants rights and safeguards to tenants in the state. It covers key aspects such as the requirement for landlords to provide just cause for evictions and limits on rent increases. The article also outlines exemptions for certain types of housing and explains changes to the eviction process under AB 1482. Read more...

Property Line and Fence Laws

This article provides an overview of California's property line and fence laws, emphasizing the importance of understanding and respecting property boundaries. It explains the methods for determining property lines and obtaining permits for building fences. Additionally, it covers the shared responsibility for fence costs and discusses the process of reaching agreements with neighbors. Read more...

Ways of Holding Title in California

The article provides an overview of different ways to hold real property title, including joint tenancy, tenancy in common, sole ownership, community property, and living trust. Each method offers distinct legal rights and considerations for property ownership and transfer. Understanding these options helps individuals make informed decisions about holding and managing their real estate assets. Read more...

Dividing Assets in a Divorce

This article provides information on dividing assets in a California divorce, highlighting the state's community property principle where marital assets are typically divided equally, while separate property remains unaffected, with exceptions outlined for prenuptial/postnuptial agreements and mutual agreements between the spouses during divorce proceedings. Read more...

Restraining Orders in California

This article provides an overview of restraining order laws in California, explaining what restraining orders are, the four types of restraining orders (domestic violence, civil harassment, elder or dependent adult abuse, workplace violence), the three levels of protection (emergency protective orders, temporary restraining orders, permanent restraining orders), the consequences of restraining order violations, and the process of dismissing a restraining order. Read more...

Living Trust Basics

This article provides an overview of living trusts, explaining their purpose and who should set them up. It covers different ways to establish a trust, the roles involved (grantor, trustee, beneficiary), and the types of trusts (revocable and irrevocable). The article also discusses related legal documents like Pour-Over Wills, Durable Power of Attorney, and Advance Health Care Directives. Additionally, it touches on estate taxes and gift taxes. Read more...

DC v. Heller and McDonald v. Chicago

This article examines the intricate balance between individual rights and governmental regulations through two paramount Supreme Court cases, District of Columbia v. Heller and McDonald v. Chicago. It dissects the fundamental constitutional issues, the court's landmark decisions, and the broader ramifications for gun rights in the U.S. The narrative emphasizes the evolving dialogue between personal freedoms and public safety, shedding light on the continuous adaptation of the Second Amendment in modern jurisprudence. Read more...

Engel v. Vitale and Wisconsin v. Yoder

This article delves into the nuanced interpretations of the First Amendment through the lens of two pivotal Supreme Court cases, Engel v. Vitale and Wisconsin v. Yoder. It outlines the core constitutional debates, the court's landmark rulings, and the broader implications for religious freedoms in the U.S. The narrative underscores the delicate equilibrium between state regulations and individual religious liberties, offering insights into the evolving interplay of church and state. Read more...

Schenck v. US and Tinker v. Des Moines

This article explores the intricate landscape of free speech in the U.S. by analyzing landmark Supreme Court cases, Schenck v. US and Tinker v. Des Moines. It outlines the historical contexts, the pivotal constitutional questions raised, and the court's decisions that shaped First Amendment interpretations. The piece also highlights the enduring balance between individual rights and broader societal concerns, providing a deep understanding of the Constitution's adaptability in different eras. Read more...

Baker v. Carr and Shaw v. Reno

This article delves into the complexities of U.S. electoral representation by examining landmark cases, notably Baker v. Carr and Shaw v. Reno. It discusses the constitutional challenges posed, presents arguments from both sides, and sheds light on the pivotal decisions made by the Supreme Court. Additionally, the piece offers insights into the evolving relationship between societal needs, shifting viewpoints, and the nuanced interpretation of the Constitution. Read more...

McCulloch v. Maryland and US v. Lopez

This article examines the balance between states' rights and federal power in American law through landmark cases like McCulloch v. Maryland and US v. Lopez. It outlines the constitutional questions raised, arguments presented by both sides, and the decisions made by the courts. The piece further discusses how the interpretation of the Constitution has evolved over time, influenced by societal needs, viewpoints, and judicial analysis. Read more...