Blog Posted By Allen Semelsberger Kaelin, LLP 26-Feb-2019 Choosing an Entity for Your Small Business If you are planning on starting a business, there are many options as to what entity you should organize your business as. California recognizes many different kinds of business entities, but the most popular are sole proprietorships, general ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 18-Feb-2019 Eminent Domain and The Great Wall of President Trump Building a wall along the southern border of the United States to minimize unauthorized entry into the country via Mexico has been a hot button political issue that pits Republicans and Democrats against each other to extreme ends. Political outrage ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 31-Jan-2019 The Price of Popularity: Losing Trademark Protection Through Genericide If you asked someone for a Kleenex, would it confuse if they said: “sorry, I only have generic tissue paper.” If someone asked you to Google the word “genericide,” would you worry about upsetting them if your browser defaulted ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 25-Jan-2019 What Kind of Relief Can I Get for Inverse Condemnation Inverse condemnation lawsuits derive from both the U.S. and California constitutions, as well as California statutory law. The Fifth Amendment of the U.S. Constitution – and its California counterpart – require the government to pay ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 21-Dec-2018 Can Government Regulation Qualify as an Unconstitutional Taking? Under the takings clauses of the California and U.S. Constitutions, private landowners have a right to receive just compensation when the government takes their property for public use. But, what type of government actions qualify as a ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 14-Dec-2018 California Rent Control Laws Many California cities implement rent control laws to prevent landlords from raising rent above a certain amount. These rent controls intend to help tenants by ensuring that a landowner cannot force a tenant out by arbitrarily increasing their rent ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 27-Nov-2018 Proposed Legislation Regarding PG&E's Camp Fire Liability The California Camp Fire of 2018 is the deadliest and most destructive wildfire in the state’s history to date, as well as the deadliest wildfire in the United States since 1918. The Camp Fire scorched roughly 153,400 acres of land, killing 86 ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 22-Nov-2018 Legal Doublets: Why Legal Terms Seem Repetitive Part of a lawyer’s job as counselor to the client includes the role of translator. No, this does not mean that an attorney’s qualifications necessarily include multilingual ability. However, a significant portion of legal practice ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 26-Oct-2018 California's Power Outages: Reasonable Precaution or Liability Escapism? In the past few years, California has seen its most destructive wildfires in history. Last year, California wildfires burned over 1.3 million acres and were responsible for at least $18 billion in property damage. Defective electrical equipment is ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 19-Oct-2018 What Is Eminent Domain? Why Is the Government Suing Me for My Property? If the government is suing you for your property in civil court, then you’re part of an eminent domain action. Eminent domain is a cause of action initiated by a federal, state, and local ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 19-Sep-2018 Understanding the SANDAG Eminent Domain Case Eminent domain is the power of the government to convert private property for the sake of public use. Due to the Fifth Amendment, a government agency can only exercise this power if appropriate, or “just,” compensation is provided to the ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 4-Sep-2018 7 Steps to Take After a Pedestrian Accident It’s an unfortunate statistic, but California has the highest number of pedestrian fatalities each year. Most of these fatalities are caused by motor vehicle operators who fail to exercise reasonable care while driving, particularly in housing ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 16-Aug-2018 The Trump Administration Targets Fair Housing Protections Since its implementation in 1968, the Fair Housing Act has offered many opportunities to minority citizens who want to rent or purchase housing property. Under the provisions of the act, it is illegal to discriminate against potential home owners ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 3-Aug-2018 What Is a Catastrophic Injury? The term “catastrophic injury” is used to describe any injury that is so debilitating that it prevents a victim from engaging in gainful employment. Typically, these injuries necessitate long-term medical care, multiple surgeries and ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 30-Jul-2018 The Two Types of Spinal Cord Injuries A spinal cord injury can have a devastating and life-altering impact on a person’s life. It often prevents victims from performing day-to-day functions, and deprives them of their ability to earn a living. Such a serious injury can also be ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 18-Jul-2018 3 Real Estate Scams to Avoid Purchasing or renting a home can be one of the most exciting and stressful experiences in your life. Unfortunately, when such a large amount of money is involved, you’re likely to attract some questionable characters. Your best defense against ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 19-Jun-2018 Do You Need an Attorney Before an Eminent Domain Case is Filed? It is not uncommon for a case that involves the use of eminent domain to never see the inside of a courtroom. Typically, a representative of a government agency or private party will approach a homeowner and make an offer to purchase that property. ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 12-Jun-2018 Reasons Why You Should Never Accept the First Offer in an Eminent Domain Case It might seem unfair, but the government has the right to seize your property, if it is necessary for public use, through the power of eminent domain. Of course, they will not simply take it from you without paying for it. The government is required ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 28-Mar-2018 Business Valuation and Goodwill When a privately owned property is acquired by the government for a public project or use, the owner of that business can claim compensation for loss of business goodwill. This right also extends to cases of inverse condemnation, which involves a ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 14-Mar-2018 Common Mistakes Businesses Make in Eminent Domain Cases If you are concerned that your business might be relocated by the city or state department under eminent domain law, there are some things you should know to avoid making some of the most common mistakes business owners tend to fall prey to. We have ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 19-Feb-2018 What Grounds Does a Landlord Need to Terminate Mobile Home Park Tenancy? If you own a mobile home and rent a lot in a mobile home park, it is crucial that you understand your rights as a mobile home park tenant. Evictions are serious matters. The owner or operator, otherwise known as the landlord, of the mobile park you ... Continue Reading Posted By Allen Semelsberger Kaelin, LLP 2-Feb-2018 What Are the Rights and Duties of Mobile Home Landlords and Tenants? As a mobile home tenant, it is in your best interest to have a clear understanding or your rights and what is expected of you as a tenant. However, your landlord has duties he or she must also uphold, and can be held accountable when those duties are ... Continue Reading Posted By Allen, Semelsberger & Kaelin LLP 17-Jan-2018 Protecting Your Rights: When to Hire an Eminent Domain Attorney If you received a notice that the government wants to purchase your property under the power of eminent domain, you should not hesitate to hire an eminent domain attorney as soon as possible. Oftentimes, property owners might feel that they lack ... Continue Reading Posted By Allen, Semelsberger & Kaelin LLP 5-Jan-2018 What's the Difference Between Eminent Domain and Inverse Condemnation? Owning real estate means you could potentially face the government one day and they might want to take all or some of your property. The state might simply tell you that they are going to take it, or they might do something to take the property, or ... Continue Reading Posted By Allen, Semelsberger & Kaelin LLP 28-Dec-2017 How a Real Estate Attorney Can Help with Construction Issues There are a variety of reasons you may need the help of an experienced real estate attorney when buying or building a new home, and construction is a big one. As a homeowner or potential buyer, you may face a variety of construction issues, ... Continue Reading