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California Land Use & Zoning Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights and Land Use & Zoning for California on
Q: Can I put rainbow yard signs on public property during pride month in Temecula CA?

Temecula is very anti-LGBTQ, so I worry about the mental health of queer youth, especially since I know there are council members who are trying to (or already succeeded in, not sure) outlaw celebrating minorities (black history month, pride month, etc.). From being a resident for 20 years, I know... View More

Louis George Fazzi
Louis George Fazzi
answered on Apr 20, 2023

You can post your signs on private property, but not public property without their consent. You may want to enlist as many private property owners as you can to allow you to post your signs on their properties, including vacant lots if you can get the property owner's permission. You... View More

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Real Estate Law for California on
Q: How are people getting $10,000 to relocate when they were living on government land and were forced to move in ca
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answered on Apr 18, 2023

The $10,000 relocation assistance program you may be referring to is called the Mobilehome Park Resident Impact Fund (MPRIF) in California. The MPRIF was created to assist mobilehome park residents who are forced to relocate due to park closures, conversions, or other changes in land use. Eligible... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Can my home owners association force me to remove my washer & dryer that were installed by previous owner?

Also can I be legally fined

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answered on Apr 18, 2023

As per California law, a homeowners association (HOA) can require that a homeowner remove a washer and dryer that were installed by a previous owner, if such installations are not allowed under the HOA's rules and regulations. If the installation of a washer and dryer is prohibited by the HOA,... View More

1 Answer | Asked in Land Use & Zoning and Municipal Law for California on
Q: Can I sue the city for a tree toots on their property caused $7k in damages to our sewer line.

Did claim 3 times and were denied. Even with california code 833

James L. Arrasmith
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answered on Apr 8, 2023

It may be possible to file a lawsuit against the city for damages to your sewer line caused by tree roots on their property. However, the success of your case will depend on various factors and it is recommended to consult with a licensed attorney in California.

California Code 833 states...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: How can a grant waiver deed on a residential house be rescinded?

My father, deceased, and my brother along with I are on the grant waiver deed. My brother sold me the property in 2008 and I want the grant waiver deed rescinded so my neighbor and I can get a lot line adjustment since a part of his house is on my property. Please advise.

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answered on Mar 29, 2023

A grant waiver deed is a legal document that transfers ownership of a property from one party to another. In order to rescind a grant waiver deed, you would typically need to go through a legal process to have the deed invalidated or cancelled.

If you and your brother are both listed on the...
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1 Answer | Asked in Land Use & Zoning, Real Estate Law, Contracts and Civil Rights for California on
Q: What is the process for HOA homeowners opposing amended cc&rs in CA when board uses DS code 4275?

The HOA board wants to use DS 4275 or force the approval of proposed CC&Rs. Homeowners are not in support for numerous reasons, use restrictions, pet restrictions, waiver of rights, broad powers to invade privacy and enjoyment, etc.

What is the process for owners to file opposing... View More

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answered on Mar 21, 2023

In California, the process for homeowners to oppose amended CC&Rs and challenge the HOA board's use of DS code 4275 would generally involve the following steps:

Review the current CC&Rs and proposed amendments: Homeowners should carefully review the current CC&Rs and any...
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1 Answer | Asked in Arbitration / Mediation Law and Land Use & Zoning for California on
Q: Disputing an alleged short term rental ad breach claim by Cathedral City. New ordinance as of Jan. 1 has a $5,000 fine.

The fine was disputed at a virtual hearing a week ago, with compelling factual written appeal rebuttal provided in advance. There was a hearing officer (layperson) from a company in California that acts for smaller city ordinance collection efforts being disputed, as well as the CC ordinance ticket... View More

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answered on Mar 15, 2023

If the property owner wishes to appeal the decision made by the hearing officer and challenge the fine in court, they will need to file an appeal within the specified timeframe (which you mentioned as 10+ days) and pay the required filing fees. The exact process and cost of an appeal can vary... View More

Q: Am I allowed to sell rocks & minerals I find on the beach on Etsy?

I like to collect rocks & minerals on local beaches in California and would like to start selling these on Etsy and my own website. Is that legal? I plan to polish some of the rocks using a tumbler and other polishing equipment and also plan to turn the rocks into jewelry. Some of them I would... View More

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answered on Mar 4, 2023

In general, it is legal to sell rocks and minerals that you find on a beach, as long as you have permission to be on the beach and are not removing rocks or minerals from protected areas, such as state or national parks. However, there may be certain restrictions or regulations regarding the... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Q: Pge to redo our road after fire,1 won't sign release,for her 30 ft of easement caus she has claim to pge also,sue cc845?

Pge has offered up a amended release for her to sign separating the two claims. History: valley fire. road comes in canyon and splits across creek to left and my easement continues straight up right side . At Y of this road is where 30 ft of corner parcel owned by neighbor unwilling to sign... View More

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answered on Mar 3, 2023

Here are some general principles that may apply to your situation:

Easements: If your neighbor has an easement over your property, she may have a right to use the portion of the road that runs across her parcel. However, this does not necessarily mean that she has a claim against PG&E...
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1 Answer | Asked in Real Estate Law, Land Use & Zoning, Landlord - Tenant and Lemon Law for California on
Q: Can owners take HOA to court?

HOA is charging $50 per day a unit is rented without HOA consent. The waiting list to rent has not changed for close to ten years or so. CCR has a waiver, but HOA refuses to consider it. Our daughter was born premature and has a respiratory health issue. The complex prohibits smoking in the... View More

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answered on Feb 24, 2023

Yes, owners have the right to take their HOA to court if they feel that the HOA has violated their rights or breached their obligations under the governing documents, such as the CC&Rs (covenants, conditions, and restrictions) and bylaws.

In the scenario you described, it seems that the...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Q: A few year's ago my backyard fence on all 3 side's blew down and none of neighbors help pay do I own all 3 sides outrite

My neighbors didn't want to help with the bill for replacement of fence we ended up paying for all 3 side's. Now one of them want to add a travel trailer access gate connected to my fence they didn't want to pay half for

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answered on Feb 20, 2023

If you paid for the replacement of the fence on all three sides, it is likely that you own all three sides of the fence outright. However, it is always best to review the property lines and deed to confirm ownership.

As for the request to add a travel trailer access gate, since the gate...
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1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for California on
Q: Someone is making claim to a garage unit I own using a quitclaim deed given to him by the HOA. How can I legally remove?

Another unit owner in the complex currently has his belongings in my detached garage and is claiming ownership because he has a quitclaim deed given to him by the HOA. It shows on my grant deed and title that I am the sole owner and should have exclusive access to the garage unit. How am I Legally... View More

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answered on Feb 20, 2023

You may want to consult with a real estate attorney in your area to discuss your legal options for removing the other unit owner's belongings. It may be possible to file a lawsuit to have the quitclaim deed declared invalid if it was not legally obtained, or to seek an injunction to prevent... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Do new state real estate laws override local county regulations regarding manufactured housing zoning ?
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answered on Feb 20, 2023

It depends on the specific laws and regulations involved. In California, for example, the State Department of Housing and Community Development has the authority to set minimum standards for the installation and construction of manufactured homes, but local governments are also allowed to enact... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning, Landlord - Tenant and Probate for California on
Q: in LA, California: if the outcome of a suit would change the RSO status of a property, should lis pendens be filed?

Property in Los Angeles with unregistered dwelling units is the subject of a habitability complaint that includes a challenge to RSO status. The property is under contract for sale and subject to a conservatorship, where the court has yet to approve the sale. Should a lis pendens be filed by the... View More

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answered on Feb 20, 2023

In California, a lis pendens is a written notice that is filed with the county recorder's office when a lawsuit is pending involving title to, or possession of, real property. The purpose of a lis pendens is to provide constructive notice of the lawsuit to anyone who may be interested in the... View More

1 Answer | Asked in Contracts, Land Use & Zoning and Municipal Law for California on
Q: Can San Bernardino building Dept. (code enforcement) Deny you access to your property.
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answered on Feb 20, 2023

The San Bernardino County Building and Safety Division has the authority to enforce building codes and regulations in the county, including the power to enter onto private property for inspections or enforcement actions, provided they have obtained the necessary warrant or consent from the property... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Q: I have a deeded easement across my neighbors property to my property. What expectations for maintenance can I expect?

Access consists of @ 300 feet of dirt road. During this winter neighbor's use created ruts and mud puddles which has made access to my property challenging if not impossible during rain and snow season. The neighbor lives on property full time and I use my property recreationally 2-4 times per... View More

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answered on Feb 19, 2023

If there is no specific maintenance agreement in place, you may want to consider negotiating a maintenance agreement with your neighbor to address your concerns. The agreement should be in writing and signed by both parties to be legally binding.

In general, the owner of the easement has a...
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1 Answer | Asked in Foreclosure, Real Estate Law, Land Use & Zoning and Landlord - Tenant for California on
Q: 1161a Unlawful detainer against the Trustor

The trustor is the administrator of the estates. The property is in unincorporated Los Angeles County (RSO just cause)

The lessee is the administrator

Which notice would be required 3/60/90 ??

The property is also on Agricultural land (1161(2))

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answered on Feb 19, 2023

Section 1161a of the California Code of Civil Procedure relates to the unlawful detainer of a property by the trustor, or a person who holds the legal title to a property in a trust. This section allows for the trustee or beneficiary of the trust to bring an unlawful detainer action against the... View More

1 Answer | Asked in Land Use & Zoning for California on
Q: Someone parked the car on our residential driveway in California. What should I do?

Is parking to neighbor's driveway legal? I want to know what action can I take. I do not know the owner of the vehicle.

The vehicle is blocking my car to get out of the garage.

Thanks

Louis George Fazzi
Louis George Fazzi
answered on Dec 17, 2022

Call your local police or sheriff's department and have them tow the vehicle.

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for California on
Q: How can I remove a squatter from my uninhabitable garage?

I have someone squatting in my garage, it is not habitable. I told her she could rent the space to do online Webcam but that she couldn't live there, she's now been living in it for a month. This is a code enforcement issue, she's also doing drugs, has I violent dog, and has... View More

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answered on Oct 7, 2022

Illegal evictions are not allowed in California. You must go through the proper channels to obtain an eviction. That being said, the tenancy itself is illegal due to the garage not being a habitable structure.

Q: Are inspection warrants rqd. to contain the same elements as criminal warrants , ie., Seal, clrk stamp, 2b legal?

An inspection warrant was served upon my property. The probable cause was was due to noise complaints, per fire marshal. No evidence of existing health or safety violations, or noise citations. Accused of selling alcohol, w/out evidence. Warrant looked incomplete, no Seal, no clerk stamp, and... View More

Louis George Fazzi
Louis George Fazzi
answered on Oct 7, 2022

You will need a lawyer with experience in dealing with code enforcement issues with local governments.

Inspection warrants need to be issued by a judge on a showing of some probable cause to issue the warrant. You should have been given a copy of the warrant, which you can give to whatever...
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