Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Supreme Court Rules on MRL
The Supreme Court of California determined in January that the state Mobilehome Residency Law (MRL), codified at Civ. Code, ' 798 et seq., does not preempt local rent control ordinances that allow mobilehome park owners to separately charge park residents for property taxes imposed on park land. Cacho v. Boudreau, 40 Cal.4th 341 (Cal.,1/11/2007) (Kennard, J.). The opinion clarified an apparent conflict between the MRL and the mobilehome rent control law then in force in the City of Chula Vista ' a local law similar to many rent control ordinances throughout the State. The decision also resolved a split among the Appellate Divisions as to which items may be considered components of 'rent' for which landlords may raise monthly rents without violating the anti-gouging provision of the MRL.
Tax Bill Shared with Renters
In Cacho, after the City of Chula Vista increased the property tax assessment on a mobilehome park owned by Luis J. Cacho and his family, the Cachos wanted to pass the tax increase on to the park's residents. Chula Vista had a rent control ordinance limiting rent increases for mobilehome 'space rent,' defined as 'the consideration ' demanded or received in connection with the use and occupancy of the mobilehome space ' exclusive of ' allowable pass-throughs.' (Chula Vista Mun.Code, tit. 9, ch. 9.50, former ' 9.50.030, subd. (A), italics added.) One of the pass-throughs that the ordinance then allowed, and excluded from the definition of 'space rent,' was 'governmental assessments such as real property taxes.' It also listed '[p]roperty or other taxes' as one component of the owner expense factor that the mobilehome rent review commission was to consider in fixing space rent through the hearing process.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?