BB&L Congratulates New Partner Evan Koch

BB&L Congratulates New Partner Evan Koch

Muhammad Ali travels to Vietnam with Albro Lundy

BB&L law partners Albro Lundy, Evan Koch, Brad Baker & Kent Burton

Baker, Burton & Lundy Contratulates New Law Partner Evan Koch

Baker, Burton & Lundy is pleased to announce that trial lawyer Evan Koch has been made a partner. After meeting BB&L partners Kent Burton & Albro Lundy on the volleyball courts of Hermosa Beach in 2011, Evan began working as a full-time attorney in the litigation department. Evan’s skill in getting results for his clients was noticed by the legal community and he has been recognized as a Rising Star by SuperLawyers in 2014 – 2018.

“Evan has become an integral part of our winning team,” said partner Albro Lundy, “winning both clients and cases. His superior legal analysis and keen aptitude has added to the foundation of our growing litigation practice especially in the areas of personal injury, employment and business litigation resulting in several seven figure judgments and settlements. Best – our clients really like him.”

Committed to the South Bay community, Evan is an active member of the South Bay Inns of Court, Co-Chair of the Labor and Employment Section of the South Bay Bar Association, volunteer in the South Bay Bar Association’s “Ask a Lawyer” Program, and graduate of Leadership Hermosa Beach (Class of 2014). Evan graduated with honors from Michigan State University and cum Laude from Washington College of Law at American University, Washington DC. Before joining Baker, Burton & Lundy, Evan also clerked for the Honorable Rex Heeseman at the Los Angeles Superior Court and the Honorable Reggie B. Walton at the United States District Court for the District of Columbia.

Albro Lundy III attorney

Evan Koch, Trial Attorney

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To learn more about how Baker, Burton & Lundy’s experienced attorneys can represent or advise you, please call (310) 376-9893 or fill out the form below.

Baker, Burton & Lundy Wins Best of the Beach Civil Attorney

Baker, Burton & Lundy Wins Best of the Beach Civil Attorney

Baker, Burton & Lundy Wins the 2018 Easy Reader Best of the Beach Award

Local Hermosa Beach Law Office is Honored as Best Civil Attorney in South Bay

March 8, 2018

The law office of Baker, Burton & Lundy is honored to be voted the Best of the Beach Award for Civil Attorney in the South Bay by the Easy Reader.

Best Civil Attorney

The law firm of Baker, Burton and Lundy is known locally for representing residents before planning commissions, mediating neighborhood disputes, and providing pro bono services to nonprofits. Its one story building on Pier Avenue in downtown Hermosa Beach is about as far from the Century City high rises favored by high powered attorneys as one can get, literally and figuratively, and still be in Los Angeles County. Office dress favors Reyn Spooner Hawaiian shirts over starched Oxford cloth and their email ends in SurfLaw.Com.

The fact that the firm has won over $4 billion in settlements, including $2 billion against Sempra Energy, is nowhere in evidence, except for the fact that they recently bought the nextdoor dry cleaners and are remodeling the space to accommodate their growing staff.

 See the full posting here: https://www.easyreadernews.com/best-beach-2018-professional-services/

 Serving clients from all the South Bay beach cities as well as all over California, Baker, Burton & Lundy is the longest running business on Pier Avenue in Hermosa Beach and committed to providing the excellent legal service to our clients right here in the South Bay.

 

 

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Public Storage Class Action Law Suit

Public Storage Class Action Law Suit

Public Storage Deceptive Advertising

Public Storage advertisement from 2010

Class Action Lawsuit Against Public Storage

By Brad N. Baker

Confronting Deceptive Business Practices in California

Throughout our firm’s history, we have consistently fought to protect and assist consumers across California. From winning cases that make streets safer throughout the state of California to using a class action lawsuit to tackle the energy companies that caused the 2001 energy crisis in California, Baker, Burton & Lundy is a champion for consumers.

Currently, we are involved with a class action that alleges deceptive business practices by Public Storage. This case could benefit hundreds of thousands of California consumers, and could also lead to better business practices in the world of self-storage.

Public Storage for decades advertised a $1 Special where the “first month for only $1” was the main message conveyed to consumers.

It turns out that this may not have been exactly accurate. A case has been brought in Los Angeles Superior Court alleging that said advertisements were false and misleading. There are additional charges and conditions that could make the first month cost the consumer closer to $50.

A second aspect of the case involves the failure of Public Storage to disclose to its renters a fact that was known only to Public Storage. This fact is that approximately 75% of each insurance premium dollar was paid to Public Storage and its partners as an “access fee”. It has been opined that this should have been disclosed to tenants.

We are gathering information to better understand the history of the company’s practices. Your involvement could help ensure fair treatment for California consumers. If you rented from Public Storage or spent any time working for Public Storage  and would be willing to talk to us, please call our office at (310) 376-9893 or email info@bakerburtonlundy.com

 

Please Note: This document does not constitute legal advice. Please consult an attorney for legal advice on what to do in a particular situation.

 

 

 

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Brad N. Baker

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How to Avoid Having a Lien Recorded Against Your Home after Construction

How to Avoid Having a Lien Recorded Against Your Home after Construction

Muhammad Ali travels to Vietnam with Albro Lundy

How to Avoid Having a Lien Recorded Against Your Home after Construction

By Clint Wilson

During the remodel or renovation of your home, here are some steps to take to help ensure that your property remains lien free after construction is complete. First, it’s worth mentioning that during construction, various subcontractors and materialmen may have sent you preliminary lien notices. These notices are meant to inform you which subcontractors and materialmen, if not paid in full, have the right to record a lien against your property. If any subcontractors or materialmen have previously provided you with a lien notice, you will definitely need to obtain unconditional lien releases upon completion of work.

With that said, the home improvement agreement between you and the general contractor should already provide for most of the following, however, if it does not (or if there was no agreement), here are some items worth requesting from your general contractor to help ensure your home remains lien free after construction.

  • Conditional lien releases from those subcontractors and materialmen that have completed their work (or portion thereof) but have not been paid in full.

    Conditional lien releases should be submitted by the general contractor with each application for payment or invoice. “Conditional” means that they will release their lien rights upon getting paid. Each conditional lien release should be followed by an unconditional lien release once payment has been made.

  • Unconditional lien releases from those subcontractors and materialmen that have been paid in full.

    Unconditional lien releases from subcontractors and materialmen that have completed their work and have been paid in full should accompany subsequent applications for payment or invoices.

  • Unconditional lien releases from all subcontractors and materialmen once the general contractor has been paid in full, or preferably, prior to final payment being made.

    Note that pursuant to an agreement with the general contractor, the owner might have negotiated for the right to withhold some portion of the general contractor’s fee until the owner is provided with all unconditional lien releases and the project is complete. As such, the general contractor will need to ensure that all subcontractors and materialmen are paid and have provided unconditional lien release prior to receiving its final payment.

  • Notice of Completion.

    Also, depending on the project, a Notice of Completion recorded by the general contractor against the property. The Notice of Completion will limit the period of time that any subcontractor or materialmen can file a lien against the property from 90 days to 30 days.

Hopefully by asking for these items, or better yet, having the general contractor required to provide these items in your home improvement agreement, you can avoid having a lien recorded against your property. Avoiding a lien is always easier than removing one from your property and it is prudent to seek legal advice for your specific situation.

 

Please Note: This document does not constitute legal advice. Please consult an attorney for legal advice on what to do in a particular situation.

 

Albro Lundy III attorney

Clint Wilson

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To learn more about how Baker, Burton & Lundy’s experienced attorneys can represent or advise you, please call (310) 376-9893 or fill out the form below.

Tenant Holdover – What if I Stay Past My Lease Term?

Tenant Holdover – What if I Stay Past My Lease Term?

Tenant Holdover Information from baker-burton-lundy-law-office

A Common Tenant Concern – What if I Stay Past the Lease Term?

By Clint Wilson

Holdover Tenant’s Liability after Lease Term Expiration

Frequently we get calls from clients who realize their lease is due to expire and they need advice as to their liability if they do not surrender the leased premises upon expiration of the lease (i.e., holdover). In other words, they would like to know what is their liability as a holdover tenant.

A holdover tenant is a tenant who continues to occupy the premises after the term of the lease expires. The liability of a holdover tenant will depend on whether the tenant, who remains in possession of the premises after the lease expires, does so with or without the landlord’s consent.

A holdover tenant, who obtains the landlord’s consent to holdover, will be considered a tenant at will (likely a month-to-month tenant if rent was paid in monthly installments) subject to the same terms and conditions set forth in the lease including any rental amount applicable to such holdover period (commercial leases often provide for an increased rental amount, such as 150% to 200% of the prior rent, during a holdover period). As such, the only liability of a holdover tenant who obtains the landlord’s consent will be the rental amount (i.e., the holdover rent) owed during any such holdover period. The landlord’s consent to such holdover may be expressed (e.g., written consent) or implied. Consent may be implied if the landlord accepts rent from the holdover tenant at the commencement of the holdover period.

It’s worth noting that the lease may specifically provide that if tenant remains in possession of the premises after the lease expires without the landlord’s consent, then tenant will be considered a tenant at will or a month-to-month tenant rather than a trespasser (being deemed a trespasser is discussed below).  Therefore, if tenant does not obtain the landlord’s consent to holdover it will still be considered a tenant at will or month-to-month tenant pursuant to the lease and will only liable for the holdover rent during the holdover period.

Without any provision in the lease to the contrary, a holdover tenant, who does not obtain the landlord’s consent to holdover, may be considered by the landlord as a trespasser. A holdover tenant, who is considered a trespasser, will be liable to the landlord for the fair rental value of the premises as well and any other damages that the landlord can recover from the holdover tenant (e.g., loss of a new tenant). Additionally, if the landlord entered into a new lease with another tenant for the premises, then the holdover tenant having knowledge of such new tenant, may also be liable to the new tenant for damages for loss of use of the premises. Lastly, if the lease includes an indemnification provision, which most commercial leases will certainly include, the holdover tenant may have to indemnify the landlord from claims arising against the landlord resulting from tenant’s wrongful holdover (e.g., claim by the new tenant against the landlord for its failure to deliver the premises as set forth in the new lease).

If a holdover tenant continues to trespass, then the landlord will likely have to initiate a special court proceeding known as an unlawful detainer action to evict the holdover tenant as the landlord cannot use self-help to evict the holdover tenant (e.g., changing locks and removing tenant’s belongings). If the court rules in favor of the landlord, then it will issue a writ of possession, which orders the sheriff to remove the tenant from the premises, but will give the holdover tenant five days to move voluntarily. If the lease provides for an attorneys’ fees clause, then the wrongful holdover tenant will be liable to the landlord for all damages as well as its attorneys’ fees.

In conclusion, a tenant who remains in possession of the premises after the lease expires with the landlord’s consent will only be responsible for the holdover rent (likely an increased rental amount during the holdover period), while a tenant who remains in possession of the premises after the lease expires without the landlord’s consent will likely expose itself to a range of liabilities, including damages sustained by the landlord (such as rent, lost tenant), the landlord’s attorneys’ fees, and possible damages incurred by the landlord’s new tenant.

Please Note: This document does not constitute legal advice. Please consult an attorney for legal advice on what to do in a particular situation.

Clint Wilson attorney

Clint Wilson

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Helping Families who Suffered from Morgue Negligence

Helping Families who Suffered from Morgue Negligence

Helping families deal with grief and mortuary negligence

Helping Families Who Have Suffered from Morgue Negligence

By Albro L. Lundy III

The Intersection of my Personal and Professional Experience

When you are an attorney, your clients don’t often call you with good news in their lives. Usually someone is calling because they are facing a difficulty, sometimes a very big one in their life. And sometimes, they call because they know you have faced or dealt with a similar difficulty.

It has been that way in my life. My father, USAF Major Albro L. Lundy Jr., was lost in the Vietnam Conflict in 1970, flying search and rescue over Laos. My family had been told that he was dead, actually Killed In Action, Body Not Recovered. For years that is what we believed until information started to surface in 1990 that he might have survived the incident. The story of the search for him is too long to tell here, and could actually take a book to tell. In many ways what I learned along the way has impacted my career as an attorney.

While searching for my father, I learned more than I ever wanted to about human remains and using DNA testing and dental records to prove identity. I also learned the high value placed on returning a body with dignity to a family and treating it with honor. The US government spends millions of dollars and many servicemen and women have given their lives to bring back a body to a grieving family.

It was this experience of mine, this experience with remains and identification, that led a good friend to refer one of their newly widowed friends to me. She had received a knock on the door late at night from the crematorium where she thought her husband had been cremated a few weeks before. They asked her to identify pictures of a body that they thought was her husband – since they realized they had cremated the wrong body. The ashes she thought were his were sitting on the mantle close by. Shocked and horrified, she needed to seek and discover the truth of what happened to her late husband, and receive justice for the dishonor to her husband’s body as well as the traumatic shock that the news and pictures of her partially decomposed husband had caused her. She could not identify him through the photos and needed to find alternate means to identify his remains through intra-oral photographs and dental record comparisons. Many times the bodies that came home from Vietnam had only the dental records to make identifications as well. After helping her confirm the identity and finally honor her late husband’s wishes, we were able to help her also receive a significant settlement for the emotional harm and trauma she suffered through this mistake.

This experience has given me the training, education and skill to assist other families in need when they have experienced negligence by a mortuary, crematorium or morgue. Our law firm has helped families presented with the wrong ashes, missing bodies, and identification of bodies. This is something we hope no family even needs to go through. But if you suspect something unusual has happened to the body of your loved one, know that there can be help and legal remedies. Our culture places a high value on the dignified treatment of a body after death and allowing it to rest in peace. Our law firm stands ready to help families with this sad and difficult part of life when needed.

http://www.dailybreeze.com/general-news/20170222/switched-at-death-trial-set-over-burial-of-wrong-woman-in-cemetery

Please Note: This document does not constitute legal advice. Please consult an attorney for legal advice on what to do in a particular situation.

Albro Lundy III attorney

Albro L. Lundy III

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To learn more about how Baker, Burton & Lundy’s experienced attorneys can represent or advise you, please call (310) 376-9893 or fill out the form below.