As of September 19, 2022, The Mau Law Firm has closed. Our managing attorney has transitioned to a public service role, and the firm’s closure may or may not be permanent. Thank you.
The Mau Law Firm - California Construction, Real Estate, and Business Law Blog
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CDC’s Eviction Ban Expiring July 31, 2021
The CDC’s temporary eviction ban has reached its end of life, and is expiring on July 31, 2021 after a previous expiration date had been extended. It is forecast that there will not be another extension. The CDC ban had prevented tenants who have been unable to make rental payments from being evicted since last…
Construction Now Limited under SMC Shelter-in-Place Order
The Health Officer of San Mateo County has issued a new, generally more restrictive Shelter-In-Place Order effective at 11:59 pm on March 31, 2020 which Order is now in effect until May 3, 2020. Most of the other Bay Area counties have followed suit or have similar orders in place. In part, the newly modified…
Did the Ninth Circuit Expand Forfeiture to Include Theft?
In the case of Jessop v. City of Fresno (Filed 9/4/2019) D.C. No. 1:15-cv-00316-DAD-SAB, did the Ninth Circuit expand forfeiture in an unusual way? In an interesting factual case, the Ninth Circuit held it is not a constitutional violation to unlawfully seize $225k when the stolen property is covered by warrant. The nuance being that…
Add-on Fines on an Indigent Defendant in California Reversed
In People v. Duenas, (Case No. B285645) the California Second District Court of Appeals reversed $220 in various fees imposed on a woman for misdemeanor driving offenses. Velia Duenas was homeless and disabled, and didn’t have the ability to pay. On appeal, the Second District said the trial court should have assessed whether she…
California Supreme Court Limits Use of Independent Contractors
On April 30, 2018, the California Supreme Court issued its long-awaited opinion in Dynamex Operations West, Inc. v. Superior Court, clarifying the standard for determining whether workers in California should be classified as employees or as independent contractors for purposes of the wage orders adopted by California’s Industrial Welfare Commission (“IWC”). The Court held…
9th Circuit Rules an Illegal Minor has No Right to Court Appointed Counsel
Immigrant children who enter the country illegally with their parents have no right to a government-appointed paid lawyer in court, as just recently ruled by the 9th Circuit Court of Appeals. The ruling came in the case of a Honduran boy who arrived in the United States in 2014 at age 13 with a parent…
Accessory Dwelling Units / In-Law Units Encouraged by New Laws
An ADU, previously known as “in-law” units or “granny flats,” are additional living spaces on single-family lots that have a separate kitchen, bathroom, and exterior access independent of the primary residence. Two bills, SB-1069 and AB-2299 were recently enacted amending provisions of the Government Code, and generally encouraging the building of ADU’s. These bills require…
Check your Lease before Listing a Short-term Rental
A new law in effect for 2016, requires short-term vacation rental websites such as Airbnb to provide disclosures to tenants. While subletting is often not allowed in rental agreements, and can even lead to eviction, many tenants don’t know this or even review their own rental agreements before trying it. A tenant should always review their…