Badger Land Use & Zoning Lawyer, California

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David E. Castro
About | Practice Areas
Law Office of David E. Castro
4970 Rocklin Rd Suite 300 Rocklin, CA 95677» view map
Accident & Injury Law
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The Law Office of David E Castro is a multi-specialty law practice that provides compassionate, individualized, and aggressive legal counsel.

800-745-0730
1. David E. Castro Rocklin, CA
  Attorney at Law - CA, 2014
  Florida Coastal School of Law
2. AboutLaw Office of David E. Castro
  Your Local, Legal Professionals
3. Practice AreasExpertise
  Accident & Injury Law
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800-923-0641

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LEGAL TERMS

MEMORANDUM

(1) An informal written document. A memorandum may be used in any number of circumstances, but most lawyers are best acquainted with the interoffice memorandum-... (more...)

(1) An informal written document. A memorandum may be used in any number of circumstances, but most lawyers are best acquainted with the interoffice memorandum--a document prepared by a junior associate in a law office or a judge's law clerk outlining the facts, procedural elements and legal arguments involved in a particular legal matter. These memos are reviewed by senior lawyers and judges who use them to decide how to proceed with the case. (2) Any written record, including a letter or note, that proves that a contract exists between two parties. This type of memo may be enough to validate an oral (spoken) contract that would otherwise be unenforceable because of the statute of frauds. (Under the statute of frauds, an oral contract is invalid if it can't be completed within one year from the date the contract is made.)

IMPLIED WARRANTY OF HABITABILITY

A legal doctrine that requires landlords to offer and maintain livable premises for their tenants. If a landlord fails to provide habitable housing, tenants in ... (more...)

A legal doctrine that requires landlords to offer and maintain livable premises for their tenants. If a landlord fails to provide habitable housing, tenants in most states may legally withhold rent or take other measures, including hiring someone to fix the problem or moving out. See constructive eviction.

REAL ESTATE

Land and the property permanently attached to it, such as buildings, houses, stationary mobile homes, fences and trees. In legalese, real estate is also called ... (more...)

Land and the property permanently attached to it, such as buildings, houses, stationary mobile homes, fences and trees. In legalese, real estate is also called real property.

NET LEASE

A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's ope... (more...)

A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's operating costs as well. When all three of the usual costs--taxes, maintenance and insurance--are passed on, the arrangement is known as a 'triple net lease.' Because these costs are variable and almost never decrease, a net lease favors the landlord. Accordingly, it may be possible for a tenant to bargain for a net lease with caps or ceilings, which limits the amount of rent the tenant must pay. For example, a net lease with caps may specify that an increase in taxes beyond a certain point (or any new taxes) will be paid by the landlord. The same kind of protection can be designed to cover increased insurance premiums and maintenance expenses.

MONTH-TO-MONTH TENANCY

A rental agreement that provides for a one-month tenancy that is automatically renewed each month unless either tenant or landlord gives the other the proper am... (more...)

A rental agreement that provides for a one-month tenancy that is automatically renewed each month unless either tenant or landlord gives the other the proper amount of written notice (usually 30 days) to terminate the agreement. Some landlords prefer to use month-to-month tenancies because it gives them the right to raise the rent after giving proper notice. This type of rental also provides a landlord with an easy way to get rid of troublesome tenants, because in most states month-to-month tenancies can be terminated for any reason.

SUBLEASE

A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The subl... (more...)

A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The sublessee pays rent directly to the tenant. The tenant is still completely responsible to the landlord for the rent and for any damage, including that caused by the sublessee. Most landlords prohibit subleases unless they have given prior written consent. Compare assignment.

HOMESTEAD DECLARATION

A form filed with the county recorder's office to put on record your right to a homestead exemption. In most states, the homestead exemption is automatic--that ... (more...)

A form filed with the county recorder's office to put on record your right to a homestead exemption. In most states, the homestead exemption is automatic--that is, you are not required to record a homestead declaration in order to claim the homestead exemption. A few states do require such a recording, however.

SEVERABILITY CLAUSE

A provision in a contract that preserves the rest of the contract if a portion of it is invalidated by a court. Without a severability clause, a decision by the... (more...)

A provision in a contract that preserves the rest of the contract if a portion of it is invalidated by a court. Without a severability clause, a decision by the court finding one part of the contract unenforceable would invalidate the entire document.

NONCOMPETITION AGREEMENT

An agreement, generally included in an employment contract or a contract for the sale of a business, where one party agrees not to compete with the other party ... (more...)

An agreement, generally included in an employment contract or a contract for the sale of a business, where one party agrees not to compete with the other party for a specific period of time and within a particular area. Salespeople, for example, often sign noncompetition agreements that prevent them from using the contacts gained by one employer to benefit another employer. Or a salesperson may sign what is known as a 'noncompete,' agreeing not to sell within a particular area, or even work in the same type of business. In some states, such as California, courts view noncompetition agreements with disfavor and will not enforce them unless the restrictions are very narrow. In other states, courts routinely uphold them.

SAMPLE LEGAL CASES

City of Claremont v. Kruse

... Kruse also stated that the City had six weeks to amend its zoning code to accommodate his proposed use. ... At that meeting, Schultz explained that by operating CANNABIS without a business permit or license, Kruse was violating the City's zoning requirements. ...

City of Corona v. Naulls

... a medical marijuana establishment. At their meeting two days later, Temple informed Naulls that marijuana dispensaries were not, and never have been, a permitted land use under the City's zoning laws. Temple also then informed ...

Golden Gate Water Ski Club v. County of Contra Costa

... Parcels in A-2 districts must have a minimum of five acres. The zoning generally allows no more than one detached single-family residence per parcel plus such accessory structures and uses consistent with a single-family 254 residence. ...

Badger Land Use & Zoning Lawyer, California

Sponsored Law Firm

Law Office of David E. Castro

SPONSORED LAWYERS

D. Zackary Smith

John L. Rozier

Dennis Michael Lynch

Thomas Elliott Hornburg

Dale Richard Bruder

Matthew Wayne Bixler

Glenn Atcheson Stanton

Trevor John Holly

Steve Yahnian

Charles Lawrence Lazaro

TIPS

LEGAL TERMS

MEMORANDUM

IMPLIED WARRANTY OF HABITABILITY

REAL ESTATE

NET LEASE

MONTH-TO-MONTH TENANCY

SUBLEASE

HOMESTEAD DECLARATION

SEVERABILITY CLAUSE

NONCOMPETITION AGREEMENT

SAMPLE LEGAL CASES

City of Claremont v. Kruse

City of Corona v. Naulls

Golden Gate Water Ski Club v. County of Contra Costa

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