San Francisco Injury Lawyer Blog

Tenants’ Rights and Limitations Regarding Airbnb

July 19, 2017 | Gregory J. Brod

San Francisco is a popular place. People from all of the U.S. and the world flock there for the food, culture, and beautiful views. As a tenant with some extra space in San Francisco, you may consider renting out a bed, couch, or floor space on Airbnb or other similar website. You might figure you will give a traveler a homey and reasonably-priced place to stay while also helping yourself pay your considerable monthly rent. However, as a tenant in San Francisco, your right to rent out space in your unit may be limited. You need to be sure to follow state and local laws to ensure you do not get into trouble with your landlord.

San Francisco’s Airbnb Laws

The City of San Francisco specifically allows short-term rentals. This means that, in general, you may be entitled to rent out extra space on Airbnb or similar sites. However, while it is allowed, it is also regulated. You need to know your rights and responsibilities before hosting your space online.

Helping Your Elderly Loved One Transition to a Nursing Home

July 17, 2017 | Gregory J. Brod

The day may come when you have to help your elderly parents move into a nursing home. You may have struggled against this decision for quite some time, or your mom or dad may have resisted the idea of losing his or her independence. However, at a certain point, it becomes clear a professional health care facility is the best place for your elderly loved ones to receive the medical care and attention he or she truly needs. As a child, grandchild, or close friend, you can do a great deal to help your loved one make this difficult transition.

Ways to Help Your Loved One Transition to a Nursing Home

If your elderly loved one has made the decision to move into a nursing home or you have had to make this decision on his or her behalf, take these steps to try and smooth the transition:

Second Inmate Firefighter Dies From Work-Related Injury in California

July 14, 2017 | Gregory J. Brod

The California Department of Corrections and Rehabilitation (CDCR) announced on July 11 that inmate Frank Anaya, 22, who worked as a firefighter in San Diego County, passed away from work-related injuries. While fighting a grass fire on July 5, Anaya severely cut his leg with a chainsaw. Other firefighters on the scene provided care and CPR until he was taken to a nearby hospital. Anaya’s femoral artery was cut and he underwent multiple surgeries. Unfortunately, he did not recover from his injuries and passed away at the hospital.

A Previous Death for Inmate Firefighters

This is not the first inmate firefighter death in California this year. On May 24, Matthew Beck, 26, was clearing brush in Humboldt County with his firefighter crew when a 120-foot tree fell on him. He suffered serious head, neck, and back injuries and died before emergency crews could reach him. It is now known that the radio used by prison supervisors was unable to connect with emergency authorities. A supervisor attempted to use a mobile radio in a Department of Forestry and Fire Protection (Cal Fire) emergency vehicle, which too had difficulties connecting to emergency officials. The supervisor had to drive a quarter mile down the road before being able to contact the command center.

California Security Deposit Laws

July 12, 2017 | Gregory J. Brod

Whether you are a new or experienced renter, you may not be clear on all of California’s laws regarding security deposits. You may have a gut feeling regarding what your landlord can and cannot do in regard to the deposit, but you may not be sure enough to speak up or enforce your rights. Your gut feeling may also not line up with state and local law. If you are a California tenant, be sure you understand your and your landlord’s rights in regard to security deposits.

What is a Security Deposit?

A security deposit is an upfront fee tenants pay to landlords in the case of non-payment or property damage caused by tenants or their guests. It is not rent. Under California law, landlords are entitled to ask for a security deposit upon move in and to use the deposit in the future for:

California Elderly Relying on High-Interest Payday Loans

July 10, 2017 | Gregory J. Brod

The California Department of Business Oversight (CDBO) had disturbing news. The CDBO released a report in May on California’s Deferred Deposit Transaction Law, which showed senior citizens, those older than 62, took out more deferred deposit loans than any other age group. In fact, 23.4% of those over 62 relied on these “cash advance” or “payday” loans in 2016. These are short-term loans during which an individual borrows a small amount of cash, which they then have to pay back with a very high interest rate. There are usually lending fees involved too.

This is just one example of how elderly individuals are often put in financially precarious situations and can easily be taken advantage of by lenders and individuals.

Payday Loans Have Extremely High Interest

Bus Crash on Golden Gate Bridge Harms 11 People

July 7, 2017 | Gregory J. Brod

In early July, a casino bus was in an accident with two other vehicles on the Golden Gate Bridge shortly before 1 p.m. It was a chain reaction accident. One vehicle rear-ended the other when it came to a stop at the toll plaza. The bus then rear-ended both vehicles. Eight individuals from the bus, many of whom were elderly, and three individuals from the other cars were transported to nearby hospitals with minor injuries. Luckily, no one was significantly injured in this bus-related crash. However, large passenger buses can be involved in serious and catastrophic accidents. When the bus is at fault, victims must determine what went wrong and who is liable for their injuries.

Common Causes of Bus Accidents

Whether it is a school bus, public transit bus, or a commercial passenger bus, these vehicles often get into accidents because of:

Group of Physicians Continues to Challenge California’s Death with Dignity Law

July 5, 2017 | Gregory J. Brod

Whether or not a terminally ill individual should have the right to decide when he or she dies is a vehemently contested issue. Throughout most of the U.S., physician-assisted suicide is illegal. If it goes on, it is not talked about or done within the eyes of the law. Only six states have some form of legalized physician-assisted suicide, including Colorado, Oregon, Washington, Vermont, California, and the District of Columbia. However, California’s current law is up for debate with a new legal challenge.

California’s Current Law

California’s current physician-assisted suicide law is known as the End of Life Option Act and went into effect in June of 2016. The law enables qualified, terminally ill individuals to ask for and obtain medications that would result in death when they chose to administer them. The law is entirely voluntary for both patients and physicians, and there are safeguards in place to ensure it is not abused.

Lies Your Landlord May Tell You

July 3, 2017 | Gregory J. Brod

Renting in California can be extremely difficult. There are not enough apartments to go around, which puts landlords in a position of power. They can raise rents, and even when they should not, they can get picky about who they let live in their units. To remain in a position of power and to benefit from the situation as much as possible, some landlords will resort to lying. You should look out for these common lies and understand how to protect your rights.

Lies Your Landlord May Tell You

There are certain fibs a landlord may tell in California, including:

Why is My Apartment Not Rent Controlled?

June 30, 2017 | Gregory J. Brod

There are many reasons why your particular rental unit may not have the benefits of rent control. It could be that your local authorities never enacted any type of rent control. Meaning it might not just be your building that is without rent increase limitations, it may be your entire city or county. You may lack rent control because despite your area having rent control, you live in an exempted unit. Many areas, like San Francisco, have rent control for older units but exempt “new construction,” which is any unit granted a residency certificate after a specific date. In San Francisco, that date is June 13, 1979. However, there is another reason you may not have a rent controlled unit. A California law known as the Costa-Hawkins Rental Housing Act restricts municipalities from creating rent control ordinances on newer buildings.

Your Local Ordinance

While some cities in California chose to enact rent control at one time, many never did. Rent control becomes popular during times of rising rents and limited housing. However, it is not standard across the country by any means. Many cities and counties across the U.S. have never experienced housing shortages. Or when issues arose, they allowed the market to control the outcome instead of attempting to legislate the issue.

San Francisco Police Officer to Stand Trial for Hit and Run

June 26, 2017 | Gregory J. Brod

San Francisco police officer Christopher Kohrs has been charged with two felonies for a hit and run incident in North Beach that caused two men serious injuries. He will face one charge for a hit and run causing injury and one charge for a hit and run causing serious permanent injury. Allegedly, Kohrs was driving west on Broadway when he struck two men crossing the street in his 2009 Dodge Charger around 2:20 in the morning. Kohrs abandoned his car at the scene and fled. He turned himself in to the police approximately eight hours later.

California Hit and Run Law

Under California law, anyone involved in a car accident that leads to property damage, personal injury, or fatality is required to stop, provide their information, and render aid when possible. Realistically, even in a minor fender bender situation, a driver who is part of a collision should never leave the scene of the accident without fulfilling these basic requirements. If the crash caused injuries or death, then there is the additional responsibility to contact the police right away and remain there to offer information or assistance to the police and other first responders.