Legal Tactic Switcheroo in Landlord-Tenant Dispute Fails Due to Missing “Rent Due” Notification

Timing of 3-Day Notice to Pay Rent or Quit was not preceded by written notice that the lease in question was reinstated and that rent was again due.

In December 2014, the Appellate Court issued an Opinion in the Santa Clara County case of Kruger v. Reyes, 14 C.D.O.S. 14116 (December 17, 2014) that illustrates the importance of adequate notice to the tenant of rent due when a terminated lease has been reinstated, particularly in cases where the tenant pays rent by directly depositing funds into the landlord’s bank account. Continue reading

Negotiations Resolved Lien Priority Dispute

Our Negotiation Techniques Resolve Lien Priority Dispute Before Complaint Served

We recently settled a lien priority dispute that resulted in the recovery of several hundred thousand dollars for our client, consisting of 100% of all principal, interest and attorneys’ fees due her. Continue reading

California’s New “Yelp” Bill Empowers Consumers

Commercial Attorney Oakland Law Firm Discusses Free Speech Issue

Commercial Attorney San FranciscoFor the past decade, California businesses have struggled to figure out how to manage negative online reviews and commentary. Sometimes an outraged owner has even sought out a small business attorney to take their critics to court, claiming that their negative unjust reviews cost them business.

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Legal Insight on Successful Commercial Collections

Advice from a Commercial Collections Attorney Oakland Law Firm

Business Attorney OaklandThe collections process can be excruciating and sad, even for business owners who acknowledge the need to maintain operations and protect cash flow. To collect debts effectively and avoid the need for a commercial collections attorney, you need a positive, albeit realistic attitude, and you need to be able to communicate your needs and demands with urgency and firmness.

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2014 Annual Recap

As we reach the end of 2014, we look back with gratitude on the opportunities we had to help our clients achieve their personal and professional goals. We want to express our appreciation to you, whether a client, vendor, colleague or friend. All of you have helped make the year a success for our firm during our first full year working as Poniatowski Leding Parikh Law Corporation. 

We hope that 2014 has been a successful year for you as well. We realize now more than ever that strong relationships, both new and old, are the cornerstone of our firm.
 
What are we thankful for?

 
The rebounding Bay Area economy
 in 2014 brought a resurgence to our real estate practice. Sellers, buyers, landlords, tenants, brokers, property managers, lenders, borrowers and developers all retained us to handle a multitude of both transactional and litigation matters. Many of these clients have been with us for years but had not been very active during the Great Recession, and many are new clients that have been referred to us. 
 
Business transactions have picked up
 as well, as you would expect with the surge of business activity we are experiencing as the Great Recession truly fades in our rearview mirror. Given the recovery, our creditors rights practice has entered a cyclical down cycle, as defaults rates and bankruptcy filings decline. We have been working hard to maintain our long standing relationships with our lender clients, however, knowing that the cycle will again turn as we have seen several times since we started the firm in 1989. We hope, of course, that the turn of the cycle is still many years in front of us!
 
Now that the new estate tax laws are in place 
we provided estate planning and trust services to many new clients and existing clients that needed updates in 2014, coordinating their estate planning objectives with their business and real estate holdings.
 
Thank you for your business, and for being a part of the success of our firm in 2014.

 
We look forward to being of service again in 2015, whether in support of you, or of someone you choose to refer to us. Let us know whenever we can be of assistance.
 
HAPPY NEW YEAR!
 

Outstanding Legal Services

“The Poniatowski law firm provides outstanding legal services (I use the firm for business & personal matters). As a CPA, I’ve worked with many lawyers and firms… Mark Poniatowski has a very high standard for the professionalism in his firm. I have known Mark for over 20 years and he is respected by many members of the local community. I have been recommending his firm for over the last 10 years due to the high quality and high ethics of the law firm.”

John, Certified Public Accountant

 

Negotiating Commercial Real Estate for Your Small Business

Business Location notes from a San Francisco & Oakland Commercial Attorney

Real Estate Attorney San Francisco OaklandIf you’re starting up or expanding a small business, you may need to buy or rent storefront property or other commercial space. This can be exciting, but it can also necessitate the services of a commercial real estate attorney. Here are a few tips for choosing the right commercial space for your small San Francisco or Oakland, Bay Area business:

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Creditor Rights and Commercial Law Concerns Over Bitcoin

 

Bitcoin is a virtual currency that has exploded in popularity over the past year. Invented in 2008 and made widely available in 2009, this software allows people to make payments directly between peers, without interference from or reliance upon any central monitoring group. Perhaps the biggest attraction of Bitcoin is its complete lack of regulation by any federal government. Transactions take place in so-called Bitcoin Exchanges, which allow buyers and sellers to communicate directly. Continue reading

To Obtain Summary Judgment On A Contract Dispute, All Elements Of Breach Of Contract, Including Damages, Must Be Established

A plaintiff’s lawyers must think through all possible actions and results before selecting a course of action in commercial contract litigation. Continue reading

Insurance Claim for Pre-foreclosure Damage May Be Barred By Full Credit Bid at Foreclosure Sale

Foreclosing lenders in secured transactions who intend to make a claim under an insurance policy for pre-foreclosure damage should be wary of making a full credit bid at the foreclosure sale.  Continue reading