Court: Landlords Have Right To Weekend Access

September 5, 2013 By
CASES: In a decision with implications for renter’s rights in civil actions, the California Court of Appeals has ruled that tenants must grant landlords weekend access to property so they can show it to prospective buyers. The court was actually upholding a previous decision by Los Angeles Superior Court Judge Ruth Kwan in favor of a Santa Monica condo owner. The owner had sued the tenant for refusing to allow open-house viewing on weekends, although “by appointment” viewings were allowed.
 
State law says renters must grant access for showings during “normal business hours.” To find that weekends fit that wording, the court found that the “community” standards were those of the real estate community. The Metropolitan News-Enterprise explains that the appeals court said that “… since the relevant community is real estate agents, and it was undisputed that those agents work on weekends, the trial judge correctly concluded that weekend hours are not excluded from the statutory definition.

Not everyone will agree with that “normal business hours” decision, and a law professor from San Diego blogged about how much power it could give a less-than-perfect landlord. Shaun Martin wrote: “Imagine that you have a tenant you don’t like. She’s got rent control. She’s got kids. She requires you to actually do repairs. Whatever. She’s a huge pest. Here’s an easy solution for you: Put the place up for sale. Set the price at 20% or so above market.  If you get a sale, great. Huge profit. That almost certainly will not happen. But like you care. You hold open house after open house.  Two weekends a month.  Like here. If it takes a year, so be it. No skin off your back. Not like you’ve got to do anything. You’re not even there.”

Read details of the case in the Met-News here.

And see Prof. Martin’s blog here.

Filed Under: Cases Tagged With: , , , , , , ,

Long Waits Render Issues Nearly Moot, Ridiculous

September 4, 2013 By
At first, the story of Sergio Garcia seems merely interesting: He was born in Mexico but has spent much of his life in the United States, where he earned a law degree but is not yet a citizen. Now the California Supreme Court will decide if it sides with Garcia’s supporters, which happen to include the state’s attorney general, or with the Obama Administration, which opposes giving professional degrees to non-citizens.
 
But the issue seems almost beside the point when you realize that Garcia has waited FOUR YEARS for a court decision on his case, and according to a story by Howard Mintz in the San Jose Mercury News “… his immigration status has been in flux since 1994, when he returned from years of schooling in Mexico to rejoin his family and finish high school in Durham. His father and most of his siblings are citizens, but the sluggish federal visa process for Mexican immigrants has slowed his bid for legal status.”
 
Mintz notes that “… at the current pace, Garcia, who is too old for a federal program that aids some illegally brought into the country as youths, estimates he will not get his green card until about 2019 — and he does not want to wait that long to be eligible to be a lawyer.” This could be a valid issue, and the state bar wants to award the license, but when it takes four years to get a true day in court and you’re backed up about a QUARTER CENTURY in the immigration process, at what point is the “issue” a joke? And remember, the courts are slowing down with budget cuts.
 
“I’m very excited to get my day in court,” Garcia told the Mercury News, showing a gift for understatement that will serve him well if he actually becomes an attorney.
 
Filed Under: Community Tagged With: , , , , , , , , ,

Gov. Brown Hires For Superior Court Positions

September 3, 2013 By
A few new people will be coming to work for the state’s superior court system soon, but as regular readers have no doubt realized it’s not support staff. Announced is another round of judicial hires for the state-mandated $178,789-per-year jobs. Notable among this round of appointments is Sunil R. Kulkarni, who the South Asian Bar Association identifies as the first South Asian American judge ever appointed in Northern California, and an actual Republican for the San Diego Superior Court bench (most Brown-selected judges are Democrats).
 
California actually elects its judges. But typical judicial careers begin with an appointment by the governor to fill an open bench. Those chosen rarely face election challenges. The Republican judge in the San Diego court has served as a deputy public defender at the San Diego County Public Defender’s Office, Office of the Primary Public Defender since 1994 and has been an adjunct professor at the University of San Diego School of Law since 2003.
 
Details and background from the new judges abounds at the California Newswire.
Filed Under: Community, Courts Budget Tagged With: , , , , , ,

HuffPo Blogger Hits L.A. Courts Pretty Hard

August 30, 2013 By
Editor’s Note: The CCM will not be updated Monday due to the Labor Day holiday. See you Tuesday!
 
Writer Steve Bevilacqua is not too happy with the L.A. courts and much prefers the no-frills justice handed out by Judge Judy. In a Huffington Post blog, he first wonders “… is a Hollywood soundstage the best place to find true justice in Los Angeles? Based on my legal experience, both real and televised, the answer is a resounding yes.” Then he writes that “… our court system is in the hands of self-serving clowns who care about nothing more than their own performance record. Looking at history, I suppose this isn’t anything new, but in this age of access and information, maybe it’s time the courts tried a little harder to fulfill their original purpose of setting things right.”
 
After outlining his ongoing legal battles stemming from getting hit by a car, he adds that “amazingly enough, in one extremely loud afternoon, my fiasco was set right by the modern-day Solomon known as Judge Judy. The actual court system spent months squeezing every technicality in their agonized efforts to send me to prison at the expense of the obvious truth. Judge Judy was direct and ferociously sensible.”
 
It’s a compelling story, but you wonder if he knows the small claims court in Santa Monica, which was the basis for all those People’s Court shows,  actually just closed?
 
Filed Under: Community, Courts Budget Tagged With: , , , , , , , , , ,

Placer County Seeks Input On Next Cuts

August 29, 2013 By
 
Here’s a novel idea: A county Superior Court facing dramatic budget cuts actually asks for public input in what it should do. That is what’s happening in Placer County, according to a report by Kathy Robertson in the Sacramento Business Journal. That will offer another example for critics of the Los Angeles Superior Court who lament a lack of public input into recent cuts there.
 
The Business Journal says that the Placer County Superior Court faces a $1.8 million deficit in its 2013-14 budget. The newspaper says the “… the proposed baseline budget includes expenses of more than $17 million, almost $13 million in salaries, wages and benefits. This reflects a more than 40 percent reduction in filled positions since 2009, changes in employee compensation and discontinuation of some programs.” The report also notes that “new money” added to the courts budget in last-minute budget moves hardly makes up for long-term cuts. 
 
Read the story here. 
Filed Under: Community, Courts Budget Tagged With: , , , , , ,

Admin Raises Amid Worker Layoffs Riles A Writer

August 28, 2013 By
Wow. We can add Lois Henry to the list of columnists who are less than thrilled with how California’s civil courts are being administered. The regular columnist for The Bakersfield Californian newspaper took exception to a decision to grant raises for some administrative staff while courtrooms and even entire courthouses are being closed. 
 
Noting that court budgets have taken “hit after hit” the writer adds “… but even worse, the courts’ own administrator, aptly known as the Administrative Office of the Courts (AOC), seems hell bent on spending what little money the Legislature has carved out for local courts on, well, administrative claptrap … it’s been a years-long problem that only recently received a withering eye from the Legislature as reports have uncovered unbelievable waste within the AOC. Still, California’s Chief Justice recently approved 3.5 percent raises for hundreds of AOC, appellate and Supreme Court employees.”
 
She also quotes Kern County Superior Court Judge David Lampe, who is also executive director of the Alliance of California Judges, a group she notes “… has struggled to shed light on how the AOC’s spending has affected the public’s right to access its court system.” Judge Lampe tells her that “… we’ve lost 2,500 jobs and had to close 80 courtrooms throughout the state, yet the oversight staff in San Francisco gets a pay raise. It sends the wrong message.”
 
Filed Under: Community, Courts Budget Tagged With: , , , , , , , ,

This ‘Third Branch’ Funding Story Sounds Familiar

August 27, 2013 By
Lawmakers who pretty much ignore budget reality. A chief executive with budget priorities that do not include some other branch of government. Massive cuts to the services that actually help citizens, but little pain for judges and prosecutors who are more or less locked into their jobs. If that sounds like California, and it does, then it’s worth noting that it also sounds like the federal government.
 
There’s a great piece by Andrew Cohen on the San Francisco “beyondchron” website that takes U.S. Attorney General Eric Holder to task over recent lip service to the issue. And Cohen cuts to the chase with this: “… a Congress that tripped all over itself earlier this year to ensure that there would be no flight delays because of the sequester has been remarkably content to run our judiciary into the ground– and to then hide from the blame that comes with refusing to adequately fund the third branch of government. “
 
And how much does this sound like the conversation in California? The Cohen piece talks about a meeting between judges and Vice President Biden: “When cases lag, the Judiciary is seen as inefficient, or worse, unsympathetic to litigants ranging from pro-se litigants (who represent themselves) to individuals and companies seeking bankruptcy relief or the resolution of civil disputes to the government and defendants in criminal cases.” Cohen even calls for consideration of a slow-down strike, arguing “… if lawmakers are going to treat the judiciary like it’s a third-world operation perhaps its time to show those lawmakers what a third-world operation actually looks like.”
 
Except, one might argue, California is about to do that without the benefit of a strike. Read the Cohen piece here.
Filed Under: National Tagged With: , , , , , , , ,

Next Budget Milestone: Sept. 13

August 27, 2013 By
The next chance at revising California’s budget is Sept. 13, and already the judicial branch is finding that the governor is unlikely to treat it as a special “separate” branch of government. The Courthouse News Service has a telling story about last week’s exchange between the state’s Judicial Council, which sets policy for the courts, and the state finance director, Michael Cohen.
 
The meeting was a briefing on upcoming state spending process. The CNS reports that “… some judges were more specific in their concerns, such as the governor’s plan to sweep the trial courts’ reserve funds, used to meet obligations like payroll, into one statewide pot. Under the plan, courts are to keep only one percent of their operating budgets in reserve.” That’s a problem for some systems because each of the state’s 58 court systems is, in effect, an independent entity for many functions like paying bills.
 
Director Cohen also noted that the days of a governor simply taking the judicial budget and “passing it on” to the legislature are unlikely to return. Read the Courthouse News story here.
Filed Under: Community Tagged With: , , , , , ,

Inmate Release Offering Lessons For Civil Courts?

August 23, 2013 By
For those seeking court reform, whether civil or criminal, the ongoing issue of releasing some 10,000 California inmates offers some potential lessons. For one thing, it suggests that the only real reason this issue is being addressed is that a federal court has ordered the release, prompting a shift in attitude. Exhibit I in this discussion has become a Los Angeles Times editorial that even blamed poor news coverage for part of the problem.
 
And the Times did not hesitate to say that the “… [court]’s] population reduction order, and the courts’ hard line on enforcing it, has moved the state and counties, reluctantly, to set priorities for prison space and consider alternative community-based sentencing. There is little evidence to suggest that state officials will move faster or smarter if the order is softened.” 
 
In effect, the newspaper is saying that the only reason the issues of addiction and repeat crimes are being addressed is that a court order eliminated a “headline-by-headline” political approach that ignored core challenges. That’s not only quite an indictment, but it suggests that any reform movement on the civil side of the courts equation will face a long road before obtaining improvements. It also suggests that only federal court pressure, say from problems with ADA compliance, will force the state to move.
 
Check out the Times take here.
Filed Under: Community, Courts Budget Tagged With: , , , , , , ,

Trial Courts Held ‘Hostage’ In Security Cost Dispute

August 23, 2013 By
Now even the most basic courthouse security is a budget issue. In effect, California’s sheriffs and its judges are having a debate over paying for deputies who protect the courts. The Courthouse News Service explains that “… at the heart of the dispute is the question of who should ask the Legislature for the money to pay local sheriff departments for courthouse security.
 
The issue brought heated comments during a meeting earlier this month where judges settled on proposed distributions within the trial court slice of the roughly $3.4 billion California court budget… the trial courts are in agreement that funding for security should be on the list of priorities submitted to Gov. Jerry Brown’s finance department, said committee chair Judge Laurie Earl of Sacramento. But there is a dispute over who should make the request.
 
Part of the argument is that law enforcement budget requests are better received by the legislature and governor than court funding requests. It’s a story that tells us a lot about the status of civil courts in the state, and you can read it here.
Filed Under: Community, Courts Budget Tagged With: , , , , , ,
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