Restraining Order Obtained [R|O Court Victory]

R|O litigators successfully obtained a Workplace Violence Restraining Order, brought on behalf of an Association, to protect its management and staff from harassing conduct by one of the residents at the property. Said resident had established a pattern of verbally abusing others, which then escalated to unlawful threats and physical violence. Repeated demands by the Association and R|O for the resident to cease such conduct went ignored. The Court granted the Association’s Petition and imposed a number of personal conduct, communication, and stay away orders upon the resident to protect a number of named employees and staff at the property. R|O attorneys were also successful in obtaining an award for the Association to recover the full amount of its fees and costs. Actions such as this may become more prevalent as a result of newly-passed Senate Bill 1300, effective January 2019, which requires employers, including community associations and management, to take action when they become aware of instances of harassment at their properties. Impact of Workplace Harassment for Community Associations and Management Senate Bill 1300 was adopted on September 30, 2018 and became effective in January 2019. In general, the law has the effect of expanding the scope by which California employers may now be held responsible to their employees for harassment, even in circumstances where the one engaging in such conduct is a separate non-employee. SB 1300 adds Government Code 12923, which emphasizes that California employees now have an enforceable “statutory right to work in a place free of discrimination when the harassing conduct sufficiently offends, humiliates, distresses, or intrudes upon its victim.” The Legislature also mandated that...

Court Approval of Amended CC&Rs [R|O Court Victory]

R|O attorneys obtained an order on behalf of an Association allowing for the amendment of its existing CC&Rs based on a reduced percentage of affirmative votes, as authorized by Civil Code section 4275. The amended CC&Rs were absolutely necessary to bring the Association’s governing documents into compliance with current law, including the Davis-Stirling Act, as well as to address other issues that had arisen since the original documents were drafted. The Association had long been engaging in efforts to encourage the membership to participate in the voting process; however, even after about a year of postponing the balloting period, the total votes returned were still less than the 2/3 majority required to amend the CC&Rs. R|O attorneys successfully petitioned the Court for approval of the amended CC&Rs because the overwhelming majority (97%) of votes received were in favor of the amendment. Written by Daniel C. Heaton  Daniel C. Heaton is an Associate Attorney at Richardson|Ober|DeNichilo. Follow ← Older Entries Next Entries...

Title Cleared to Permit Sale [R|O Court Victory]

After entering escrow to sell a commercial lot in Los Angeles, an out-of-state client first discovered that there was a problem with title. Over 50 years ago, when the client’s parents purchased the combined lot, only one of the two parcels had been correctly included on the recorded deed. Not only did the client believe all this time that both parcels had been purchased, but it was clear that so did the original sellers, as they could no longer be located. R|O attorneys assisted the client in securing an amendment to the escrow terms in order to allow sufficient time to clear title to the second parcel. After filing an action to quiet title and effectuating service on the absent sellers by publication, R|O obtained a Judgment conclusively establishing the client as the owner of the full, combined lot so that the sale may proceed. Written by Daniel C. Heaton  Daniel C. Heaton is an Associate Attorney at Richardson|Ober|DeNichilo. Follow ← Older Entries Next Entries...