Burgess & Bogener Inc. is proud to announce the hiring of associate attorney Michael Ricks. Mr. Ricks comes to the firm with a well-suited background in geology, surveying, and a brief history with the California Regional Water Quality Control Board. We are excited to have Mr. Ricks join the firm where he will direct his work on the real property aspects of our law practice.
Effective January 1, 2017, California Civil Code 1938 addresses the rights and responsibilities of prospective landlords and tenants with respect to the existence, or non-existence, of an inspection of the property by Certified Access Specialist. This section revises the existing law, in part, as follows:
- Where an inspection by a certified access specialist had previously occurred and, to the knowledge of the landlord, the property has not been altered in a way that renders the report inaccurate, then the landlord must provide the tenant with a copy of the report prior to execution of the lease. The tenant must first, however, agree to keep the report confidential except as necessary to complete the necessary repairs and corrections that the tenant agrees to make.
- The new law creates a presumption that any repairs and modifications needed to correct identified violations as determined from a certified inspection specialist are the responsibility of the landlord, unless the parties contractually agree otherwise.
- If the landlord fails or neglects to provide the prospective tenant an opportunity to review any existing report (prepared by a certified inspection specialist) at least 48 hours prior to execution of the lease, then the prospective tenant may rescind the lease within 72 hours after execution of the lease.
- If the property has been inspected by a certified inspection specialist and found to be compliant, then the landlord must provide a copy of the compliance certificate obtained from the inspector and a copy of the report within 7 days after execution of the lease.
Other changes were made to this law, including the obligation to insert specific language in the lease regarding the Tenant’s right to obtain an inspection of the property that he, she or it may be leasing from a certified inspection specialist, and how the cost of the inspection and any repairs to be made (as a result of its findings) are to be handled.
A contractor whose license lapses during the term of its construction contract, even though its work is performed by an affiliated entity with a license, is subject to the bar on actions by unlicensed contractors and the disgorgement provisions of Bus & P C §7031. (Judicial Council v Jacobs Facilities, Inc. (2015) 239 CA4th 882.)
Recently the firm successfully handled the matter of Jurich v. Desert Outdoor Advertising, Inc., which dealt with contract litigation with an emphasis on outdoor advertising under the province of the City of Alameda’s Municipal Code. In an interesting case of corporate deceit and alleged wrongful conduct, the result properly focused on the doctrine of equitable tolling and the intricate differences of indemnity law. The former being a doctrine founded in case law and the latter in statute; both were instrumental in the trial’s outcome. Congratulations to our client, Paul R. Jurich.
The principals of Burgess & Bogener Inc. display their recent recognition at the State and National level for their legal accomplishments and high ethical regard. Collin Bogener was named a Rising Star by California Super Lawyers, a designation received by no more than 2.5% of attorneys in the state.
In August of 2015, Mr. Burgess received the National Preeminent “AV” designation by Martindale Hubbell, which is a testament to his peers ranking him of the highest level of professional excellence.
The Shasta County Bar provides a wealth of honored attorneys within their respective disciplines, and Burgess & Bogener, Inc. is proud to receive its own recognition through the efforts of serving its clients.
Jody Burgess of Burgess & Bogener, Inc. successfully opposes a request for a temporary restraining order to shut down Record Range on behalf of the Shasta County Peace Officers Association.
Jody Burgess and Collin Bogener are pleased to announce the opening of Burgess & Bogener, Inc., a boutique law office in the heart of downtown Redding. The office is located at 1650 East Street, across from Bank of America and in close proximity to many downtown businesses. Although a new law office, the principal attorneys will maintain the same core practice of real estate, business and municipal law, and provide the same quality service that clients have come to expect. Stop by and see the new office or just to say hello.