‘The Landlord Didn’t Repair the Roof! Can I Withhold the Rent?’
Withhold rent and you can count on a visit by a process server with an unlawful detainer complaint identifying you as the defendant. Like night follows day… like the sun rises in the east. But, you argue, the landlord, in breach of his obligation under the lease, has...Lease Option: Future Rent Shall Be Determined By Mutual Agreement
In an action arising out of San Francisco, a tenant entered into a written lease with a landlord for a term of five years. The lease contained an option provision, which provided as follows: “Providing the Lessee has faithfully performed all of the terms,...Common Sense vs. Company Policy
The concept of common sense clashed with company policy in a decision regarding an El Torito Restaurant in Burlingame, Calif. A disabled individual requested permission to use the employee restroom on the first floor, to avoid dealing with the 18-stair climb leading...To Disclose or Not Disclose
What should be said about a former employee when you receive a call from a prospective new employer requesting information about the employee’s performance? In one California case, the plaintiff voluntarily left her employment with the defendant and then sought...Liability Can Be a Slippery Slope
Picture this scenario: A woman slips and falls on the floor of your self-service laundry and suffers substantial injury to her back. An ambulance is called to transport the customer to a nearby hospital. The wailing sound of the siren grows fainter and fainter as the...
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