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Schorr Law Welcomes New Associate Attorney Katy Cummings

In early November, Schorr Law welcomed its newest Real Estate Associate Attorney, Katy Cummings. With many years’ experience as a civil litigator, and having successfully represented clients in federal, state, and administrative courts, Ms. Cummings brings many skills to the firm.  She also has experience with real estate transactions, and drafting complex real estate contracts for commercial deals. She will be assisting Schorr Law’s new and existing clients with their real estate needs, including Commercial and Residential Unlawful Detainers, Quiet Title/ Partition, Easements, and more. Ms. Cummings can be reached at (310) 954-1877, or by email at kcummings@schorr-law.com. Click here to learn more about Katy Cummings. Zach SchorrMore Posts – Website Follow Me:

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Posted in Real Estate Attorney, Real Estate Attorney Los Angeles

Buyer’s Remedy—Specific Performance

When a seller breaches his obligation to convey the property to a buyer, the buyer may seek the equitable remedy of specific performance. Note, that a buyer cannot receive damages for both breach of contract and specific performance because awarding a buyer this would amount to double recovery. Specific performance of a purchase agreement may be decreed when: (1) its terms are sufficiently definite; (2) consideration is adequate; (3) there is substantial similarity of the requested performance to the contractual terms; (4) there is mutuality of remedies; and (5) plaintiff’s legal remedy is inadequate (Blackburn v. Charnley (2004) 117 Cal.App.4th 758, 766.)  In addition, under Civ. Code  § 3388, “a party who has signed a written contract may be compelled specifically to perform it, though the other party has not signed it, if the latter who

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Posted in Purchase and Sale, Specific Performance

Ownership of Fixtures

Fixtures are items of personal property that are so attached to the land that they are considered a part of it.  (See Civ. Code § 660; People v. Church (1943) 136 P.2d 139, 144.) Specifically, “whether an article is a fixture is ordinarily a question of fact to be determined upon the evidence in the particular case, and the question is determined not only by the manner in which the article is annexed to the realty but also by the relationship between the parties.” (Clifford v. Epsten (1951) 106 CalApp.2d 221, 225 citing Taylor v. Heydenreich (1949) 92 Cal.App.2d 684, 688.) Typically, unless a lease provides otherwise, the fixtures on the rental property belong to the landlord, even if they are installed by the tenant.  (Peiser v. Mettler (1958) 50 Cal.2d.594, 606;

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Posted in Fixtures, Ownership, Trade Fixtures

Los Angeles Commercial Lease Attorney – Negotiating an Option

As Los Angeles commercial leasing attorneys we frequently deal with lease options.  If possible, we always recommend that a tenant pursue a lease option at the outset of their lease.  A lease option gives the tenant the right, generally within a specified period of time, to extend the life of the lease.  This can be useful because it allows a business to avoid the risk of being forced to move at the end of their fixed term while still providing the flexibility in allowing the business to move if the location is no longer suitable for its needs.  Here are three important questions to focus on when negotiating a lease option. 1.  When is the option exercisable?  Typically the lease option will provide a time frame when the lease option

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Posted in Commercial Lease, Leases

Millennials Inability to Afford A Home In Los Angeles

According to an article this month in Bloomberg Business, Millennials in Los Angeles earn approximately $45,000 less per year than they would need to afford a median priced home in Los Angeles County.  In fact, according to Bloomberg, the average Millennial in 13 different cities in the United States cannot afford to purchase a home. The article raises interesting questions regarding the future of the housing market in Los Angeles.  Currently, the real estate market in Los Angeles appears to be doing quiet well.  We have seen an uptick in the type of lawsuits associated with co-owners wanting to cash in on their interest in real estate, including partition lawsuits, purchase and sale disputes, and attempts to quiet title to any encumbrances that can prevent

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Posted in Real Estate Market

General Plans – The Most Important Document in Land Use and Development

Whether you are involved in the business real estate development or just looking to build a home in California, a City’s general plan is going to be of critical importance to your plans.  Pursuant to California Government Code section 65860, all California cities must set forth their development policies, objectives and standards in a general plan.  In other words, the general plan is a city’s basic planning document. It is the blueprint for any city’s development, and the California Supreme Court held the general plan to be “the constitution for all future development.” (Lesher Communications, Inc. v. City of Walnut Creek (1990) 52 Cal.3d 531, 540.) Simply stated, the general plan is the single most important planning document. Indeed other land use documents, such as zoning ordinances,

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Posted in Development, Land and Property

Zachary Schorr Attorney – Analyzing Real Estate Trends

This post is by Zachary Schorr, Attorney: Every year I like to examine the real estate trends we are seeing in real estate litigation in Southern California.   In December 2015 Schorr Law will have been in existence for 10 years.  Over those ten years we have been fortunate, through hard work and tenacity to achieve remarkable results for our clients.  These results including, among other things, a $4.6 million dollar judgment for our clients, an adverse possession win following trial valued at over $2 million, and several jury trial wins – including one win where we received a unanimous jury verdict on all claims. In these past ten years we have seen the most prevalent types of dispute change based on the real estate

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Posted in Real Estate Market

How to Quiet Title to Old Liens on Real Property

As Los Angeles real estate lawyers, dealing with commercial and residential real property throughout Southern California we are frequently brought into cases to help ensure clear title prior to a sale of property or to clear old liens.  Clearing an old lien can be more difficult than you would think, even if you know it is invalid, because often times the beneficiary of the lien has disappeared. For example, we recently cleared a deed of trust from a piece of vacant land in Calabasas that our client had wanted to sell.  When the buyer and the seller entered into escrow the seller had no idea that there was an nearly 30 year old deed of trust (mortgage) encumbering the property.  Because of the lien the seller

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Posted in Lien On Property, Quiet Title

Homeowner’s Rights When Removing a Lodger

Recently, Schorr Law’s lead attorney Zachary Schorr was asked to appear on ABC’s Nightline to speak about a recent news story involving a live-in nanny who, upon being fired, refused to vacate the room that she had been allowed to live in as part of her employment.  Zachary Schorr’s appearance on Nightline can be viewed at http://www.schorr-law.com/zachary-schorrs-appearance-on-abcs-nightline.   In that story, the live-in nanny held the position that she was entitled to the right’s of a tenant and, therefore, the homeowners would have to go through formal eviction procedures to get her out of their home.    The story raised some interesting issues regarding some of the dangers that homeowners risk by allowing third parties prolonged access to their property. Interestingly, in some instances, homeowners who allow

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Posted in Homeowners, Lodgers, Real Estate, Residential Lease Unlawful Detainer

Zachary Schorr Featured in Hollywood Weekly

Schorr Law’s Zachary Schorr is featured on the cover article of the May 2014 edition of Hollywood Weekly.  To view the article click here.  The article features an in depth discussion of Mr. Schorr’s real estate litigation practice and the unique perspective he brings to each case. For more information on Mr. Schorr’s very active real estate litigation practice, contact him at 310-954-1877, info@schorr-law.com. Zach SchorrMore Posts – Website Follow Me:

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Posted in Media

Zachary D. Schorr’s Expert Appearance on the Dr. Phil Show

Zachary D. Schorr’s Expert Appearance on ABC’s Nightline

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Super Lawyers

Zachary Schorr Superlawyers

Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

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If you are currently involved in a real estate dispute, either commercial real estate or residential, and are looking for a Real Estate Attorney in Los Angeles with a cost-effective, results oriented approach designed to meet your case's specific needs, contact the attorneys at Schorr Law. Our real estate firm has the specific knowledge and experience necessary to get you the best possible results.

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Zachary Schorr Avvo Client's Choice Award