Photo of Pamela Westhoff

Pamela Westhoff is a partner in the Real Estate, Land Use and Environmental Practice Group in the firm's Los Angeles office.

Who must sign?
Does whether an entity is in “good standing” really matter?

Leases are often not given the same attention as other types of contracts with respect to issues of corporate authority and enforceability. Proof of authority is often an issue in the context of leases and related documents. What you need to know.

Continue Reading What Makes A Lease “Enforceable” – What You Need to Know

[The requirements for AB 1103 have been modified. See updated information here.]

What you need to know:

The long-awaited energy use disclosure requirements, first enacted as AB 1103 (Saldana) in 2007 (codified as California Public Resources Code, §25402.10), are finally effective. Commencing July 1, 2013, owners of commercial, non-residential buildings in excess of 50,000 square feet will be required to track and disclose detailed information regarding energy consumption at each building. The reporting requirements will be extended to buildings in excess of 10,000 square feet commencing on January 1, 2014; and to buildings in excess of 5,000 square feet on July 1, 2014.

Continue Reading California Commercial Building Owners Must Comply With New Energy Use Disclosure Rules Commencing July 1, 2013

What you need to know:

On July 1, 2013, pursuant to newly enacted California Civil Code Section 1938, owners of commercial real property must state on every lease form or rental agreement whether the property leased has undergone inspection by a Certified Access Specialist (commonly referred to as a “CASp”) and, if so, whether the property has or has not been determined to meet all applicable construction- related accessibility standards pursuant to California Civil Code Section 55.53.

If a commercial property has not been inspected by a CASp, the new statute does not require such an inspection; it merely requires disclosure of whether or not an inspection has been performed and the results of any such inspection. As discussed in more detail below, the intent appears to be to provide an incentive for commercial property owners to reduce their exposure to liability in ADA lawsuits by encouraging owners to obtain a CASp inspection.

Owners of property in San Francisco of 7,500 square feet or less (5,000 square feet or less after June 1, 2013), must also comply with Chapter 38 of the San Francisco Administrative Code. These requirements will be the subject of a separate posting shortly.

Continue Reading New Disability Access Law Imposes Notification Requirements For Commercial Leases