Category Archives: Business / Commercial Law

creditors rights attorney San Francisco

The Priority Of a Judgment Lien Relating Back To The Date of the Attachment Lien Saves The Day Years Later

As California commercial collections attorneys representing businesses trying to collect outstanding debts, we have been involved in several cases over years where aggressive litigation tactics taken early in the case have resulted in positive outcomes for our creditor clients years later.

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Home Title Fraud a Growing Threat for California Homeowners

Title Fraud Legal Issues California

Home title fraud earned the “latest scam” label from the FBI back in 2008. Home title fraud (also known as “deed fraud”) is different from mortgage fraud. Title fraud occurs when someone obtains the title to your home through fraudulent methods. Then, the criminal tries to use your home’s equity to secure as many loans as possible. Homeowners can be completely unaware of this until the lender tries to foreclose on the home. It can take your real estate attorneys months to undo the damage. Continue reading

Creditors Rights for Debt Collection PLP Law

What are Creditors Rights?

Creditor Rights is a generic terms for the tool-box of rights that any creditor has to collect outstanding debt from the debtors that owe the creditor money. This Creditors Rights tool box is available whether in a bankruptcy or non-bankruptcy context.

Creditors Rights Protect Creditors When Debts Become Hard to Collect

If one of your debtors declares bankruptcy, or is not in bankruptcy but in default in payment and not responding to your collection efforts, it is important for you to learn more about your rights as a creditor and what you must do to give yourself the best opportunity to collect your debt. And the tools at your disposal differ depending on whether in a bankruptcy or non-bankruptcy context. This is what a Creditors Rights attorney can help you sort out. Continue reading

New commercial office space trends leases landlords tenants

How Will Commercial Real Estate Change Post-COVID-19?

We have been following a growing narrative in the commercial real estate press that the Covid-19 crisis will foster permanent changes in how companies organize and run their workforces.

Office Space Will Look Very Different Post-COVID-19 With Social Distancing

These rapidly changing needs are already having an impact on commercial real estate:

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Commercial Real Estate Co-Ownership PLP Law Attorneys

Longtime Co-Owners of Commercial and Investment Properties Should Check Title Documents

Title to Co-Ownership of Real Property Put to the Test When Co-Owners Die or Become Incapacitated

We are seeing more and more cases where a co-owner of a jointly owned investment property retains us after the other co-owner dies or becomes incapacitated (as a result of Alzheimer’s or some other illness or accident).

  • In the case of the death of the other co-owner, our client is usually now dealing with a successor trustee, executor or administrator of the estate.
  • In the case of the incapacity of the other co-owner, our client is usually dealing with an agent under a power of attorney or a conservator.

In many cases, our client is surprised to learn that the vesting language in the deed to the property does not reflect the client’s understanding or intent regarding their ownership share. Continue reading

Employers: Focus on the “B” of the ABC Test When Analyzing Contractor vs Employee Status Under AB5

Workers Contractors or Employees PLPLaw AB5

We have been asked for guidance by many of our small business clients regarding the classification of workers as either independent contractors or employees based on the new California law known as AB 5.

Defining Independent Contractor Status Under AB-5

There are certain labor law requirements triggered when a worker is considered an employee rather than an independent contractor. A full discussion of them is beyond the scope of this blog. But, as most employers know, the additional labor law and tax requirements applicable to employees, compared to independent contractors, are significant.

Now we have AB 5, which is a new law effective January 1, 2020. Continue reading

commercial lease negotiation agreement terms Ponlaw

Seven Key Commercial Lease Terms to Examine Before Signing

When negotiating a commercial lease, every clause in the agreement must be examined to see how it defines your rights and responsibilities as a tenant, and the rights and responsibilities of the landlord. Here are some of the many common lease terms you should look for that corporate real estate tenants need to negotiate:

Clearly Defined Premises

Many leases do not clearly describe what you are renting. Your lease should clearly define your space, its size, and whether the size is on a rentable or usable basis. If your lease refers only to your usable space, get an explanation regarding the difference and include that language in the contract. Continue reading

Contract Terms Statute of Limitations Poniatowski Leding Parikh

The Statute of Limitations on a Contract May Be Different Than You Think

Most business and real estate attorneys assume that the statute of limitations on an oral contract is two years, and on a written contract is 4 years. These are boilerplate assumptions that can trap a businessperson or a landlord; they do not always hold true once we delve into the specifics of a case. Continue reading

Commercial Lease Negotiation Client PLP Law

There is No Such Thing as Boilerplate Language in Commercial Real Estate Agreements

As we start work in 2019 in earnest, the commercial leasing market remains very active. We find ourselves representing a number of commercial landlords and tenants in connection with long-term commercial leases.  One area in which we are adding great value is in the examination of “boilerplate language” within a proposed agreement that actually needs customization to protect our clients’ interests.

Great Commercial Lease Agreements Contain No Boilerplate

Most recently we represented a well-established auto body shop that sold its business to a national auto body and collision repair chain. As part of that transaction, the new owners leased the building that our client, the seller, owned to become the client’s tenant.  Continue reading

Open Credit to Foreign Corporations legal issues

Extending Credit Terms to Out-of-State Corporations

We are often asked by credit managers in California if there are any additional credit approval criteria to consider when a proposed customer and credit applicant is an out-of-state (“foreign”) corporation. While each case is fact-specific, there are some general factors for credit managers to consider that uniquely apply to extending open account credit terms to foreign corporations doing business in California.

Working with Foreign Corporations in California

The first step is to confirm that the corporation has registered with the California Secretary of State as a foreign corporation doing business in California. Continue reading