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COVID-19 Legal Issues and Insights


  • October 2020 Read Barbara Holland’s Las Vegas Review-Journal article where she interviews Partner Matthew Grode regarding Nevada’s SB4 pertaining to limiting liability regarding COVID-19.  SB4 does not offer HOAs complete immunity from liability_ Las Vegas Review-Journal For more information contact: Matthew L. Grode mgrode@gibbsgiden.com (310) 734-3345 In his many years of practice, Mr. Grode represents hundreds of community associations relative to a broad array of legal issues including, but not limited to, interpretation and enforcement of governing documents, drafting of governing documents, contract negotiations and disputes, and construction defect litigation.  The content contained herein is published online by Gibbs Giden […]

  • October 2020 CALIFORNIA COURTS DELIVER ANOTHER BLOW TO COMMERCIAL POLICYHOLDERS SEEKING BUSINESS INTERRUPTION COVERAGE FOR LOSSES CAUSED BY GOVERNMENT-MANDATED “STAY AT HOME” ORDERS IN RESPONSE TO COVID-19. Another California court has held that an insurer is not obligated to cover business interruption losses for a policyholder that closed its operations due to the government-ordered shutdown in response to COVID-19.  In Mudpie Inc. v. Travelers Casualty Insurance Co. of America (“Mudpie, Inc.”), the U.S. District Court for the Northern District of California held that Travelers Casualty Insurance Co. (“Travelers”) was not obligated to pay a lost income claim by Mudpie Inc. […]

  • September 2020 On August 31, 2020, the California Legislature enacted the COVID-19 Tenant Relief Act of 2020 (the “Act”) in response to the impact of the COVID-19 pandemic on residential tenants and their ability to pay rent. On September 4, 2020, the CDC published an order (“CDC Order”) entitled “Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19.” Below are the main take-away from the Act and the CDC Order related to residential unlawful detainer actions.  The Act The Act intends to cover COVID-19 rental debt during: (i) the protected time period between March 1, 2020 and […]

  • Jeff Love is an attorney and partner with Gibbs Giden where he and his team focus on residential and commercial transactions, purchase and sale agreements, syndications, and leases. He is interviewed by Juan Vargas on the Commit To Wealth podcast.  Listen here.   For more information contact: Jeffrey B. Love, Esq. email: jlove@gibbsgiden.com Jeff Love is a partner with the firm. His practice encompasses all facets of real estate transactions, including drafting and negotiating purchase, sale, syndication, and financing transactions in connection with commercial, industrial, and residential assets. He also regularly drafts and negotiates office, retail, and industrial leases for regional landlords […]

  • If you are an attorney, insurance broker, or other professional representing developers and contractors, then your clients have likely reached out with concerns about losses related to COVID-19.  One common question is whether there is potential coverage under builders risk insurance policies.   The short answer is: It depends. As with most questions pertaining to insurance coverage, the answers depend on the specific policy language and underlying facts required to trigger coverage. Builders risk policies are even more fact specific due to the lack of uniformity of base policy forms and endorsements between insurance carriers.   The first step in […]

  • The State of California has released guidance exempting construction workers “who support the construction, operation, inspection, and maintenance of construction sites and construction projects (including housing construction)” from Governor Newsom’s March 19, 2020 shelter in place order.  This broad exemption includes commercial construction projects.  However, many counties and certain cities have issued more restrictive orders pursuant to authority vested in the California Health and Safety Code, which grants local health officers the discretion to take preventive measures necessary to protect and preserve public health in their respective jurisdictions.  Generally speaking, these orders have imposed a moratorium on all construction projects […]

  •   For more information contact: Jeffrey B. Love, Esq. email: jlove@gibbsgiden.com Jeff Love is a partner with the firm. His practice encompasses all facets of real estate transactions, including drafting and negotiating purchase, sale, syndication, and financing transactions in connection with commercial, industrial, and residential assets. He also regularly drafts and negotiates office, retail, and industrial leases for regional landlords and tenants throughout the West Coast. Mr. Love has extensive experience drafting, negotiating, and reviewing real estate loan documents, including originations, modifications, note purchase agreements and other finance-related transactions from structuring through loan closing. He is a licensed real estate broker […]

  • By now every construction professional has been inundated with articles regarding the impacts of COVID-19 on the construction industry. The sheer volume of information is overwhelming and changes by the hour. This article is intended to summarize key issues affecting construction professionals and serve as a general road map for navigating the crisis.   1.    Determine Project Status The first consideration is whether the construction projects at issue are allowed to proceed given “shelter in place” and related orders. Generally speaking, Governor Newsom has deemed construction to be essential and, therefore, exempt from California’s “Safer at Home” order. There is some debate as to […]

  • As businesses seek to navigate the coronavirus chaos, commercial tenants are finding safety in numbers. Word has gotten out that prominent tenants are seeking rent relief from their landlords, and other tenants are increasingly making similar requests. Indeed, a market that favored landlords less than a week ago has suddenly turned on its head. With the number of rent modification requests rising, landlords are facing new dilemmas: Is it better to accommodate distressed tenants or keep cash flowing? Does one take a blanket approach to rent relief, or should each tenancy be evaluated separately? While a uniform strategy will not […]

  • You can find the full transcript and slides here. For more information contact: Christopher E. Ng Gibbs Giden Locher Turner Senet & Wittbrodt LLP 1880 Century Park East, 12th Floor Los Angeles, California 90067 Phone: (310) 734-3367 email: cng@gibbsgiden.com The content contained herein is published online by Gibbs Giden Locher Turner Senet & Wittbrodt LLP (“Gibbs Giden”) for informational purposes only, may not reflect the most current legal developments, verdicts or settlements, and does not constitute legal advice. Do not act on the information contained herein without seeking the advice of licensed counsel. For specific questions about any of the content […]