Firm Result: $160,000 Recovered in Action Against SF Landlord for Wrongful Eviction

Firm Result: $160,000 Recovered in Action Against SF Landlord for Wrongful Eviction

Kellogg & Van Aken represented a tenant in an affirmative lawsuit against his former landlord and property manager after he was constructively evicted from his rent-controlled San Francisco apartment due to unsafe living conditions at the premises and ongoing retaliation, harassment and eviction threats. The tenant was one of three roommates that had been living in his apartment unit when his landlord initiated construction in the building without proper notice and without hiring a licensed contractor.  When he came home to discover over 15 gaping holes in his ceiling and dust all over their belongings, he complained to governmental agencies. …

Read more: Firm Result: $160,000 Recovered in Action Against SF Landlord for Wrongful Eviction

TKVA Result: $90,000 Recovered in Action Against Landlord for Habitability Issues

Toscano Kellogg & Van Aken represented two parents and their minor children in an affirmative lawsuit against their former landlord after they were constructively evicted from their Fremont apartment due to the unsafe and unsanitary living conditions they endured while living at the premises. The significant substandard living conditions – which included exposure to raw sewage, toxic mold, mites, electrical hazards, and tripping hazards – resulted in physical injuries to two of the children. Although the tenants complained and the landlord had been cited by the City's Building Inspection Department, the landlord responded by retaliating against the family, threatening them…

Read more: TKVA Result: $90,000 Recovered in Action Against Landlord for Habitability Issues

Why Yes on Prop F is Good for SF

Why Yes on Prop F is Good for SF

 

(Photo courtesy of the Bold Italic)

What is Proposition F?  

Proposition F places more stringent regulations on short-term residential rentals, such as Airbnb or VRBO, in the City of San Francisco in order to protect the availability and affordability of residential housing.

What is a Short-Term Rental?

A short term rental is a rental that lasts less than 30 days.

What are the Current Laws Relating to Short-Term Residential Rentals in San Francisco?

Currently, the City of San Francisco limits short-term rentals of residential units in the following ways:

  • Permanent residents may offer a residential unit for a…

Read more: Why Yes on Prop F is Good for SF

UC Davis School of Law Alumna Sara A. Popovich Joins Toscano Kellogg & Van Aken LLP

UC Davis School of Law Alumna Sara A. Popovich Joins Toscano Kellogg & Van Aken LLP

Sara A. Popovich, a member of UC Davis School of Law’s Class of 2015, is joining Toscano Kellogg & Van Aken LLP as a contract attorney.  Sara earned dual Bachelor of Arts degrees in Politics and Economics from Scripps College in Claremont, California, where she graduated with honors.  At UC Davis School of Law, Sara was an Articles Editor of the UC Davis Law Review and served as a teaching assistant for the Legal Research & Writing course.  Along with her Juris Doctor, she graduated from UC Davis School of Law with a Public Service Law Program Certificate before sitting…

Read more: UC Davis School of Law Alumna Sara A. Popovich Joins Toscano Kellogg & Van Aken LLP

Toscano Kellogg & Van Aken LLP Welcomes New Attorneys and Staff

Toscano Kellogg & Van Aken LLP Welcomes New Attorneys and Staff

Toscano Kellogg & Van Aken LLP has recently added a law clerk, a contract attorney, and an administrative assistant to its growing team.

In March, Leslie Van Aken, a 2014 graduate of Santa Clara University School of Law and a member of the State Bar of California (and, yes, sister of Kelly), joined Toscano Kellogg & Van Aken LLP as a part-time law clerk.  Leslie earned her undergraduate degree in Political Science from the University of California at Santa Barbara, where she was a founding captain of the Mock Trial Team, a participant in LawSo 3a (a trial advocacy organization),…

Read more: Toscano Kellogg & Van Aken LLP Welcomes New Attorneys and Staff

TKVA Result: $115,000 Settlement for Family in Contra Costa County in Action Against Landlord for Wrongful Eviction and Habitability Issues

TKVA Result: $115,000 Settlement for Family in Contra Costa County in Action Against Landlord for Wrongful Eviction and Habitability Issues

Toscano Kellogg & Van Aken represented an immigrant client, her two adult children, and her four minor grandchildren in an affirmative lawsuit against their landlord after they were forcibly evicted and locked out of their San Pablo apartment in the middle of the night and their personal property was discarded.  During their tenancy, they also endured significant substandard living conditions, including cockroach infestations, plumbing issues, and no heat.  Liability was highly disputed by the landlord.

The TKVA team, headed by partner Mikayla Kellogg, aggressively litigated the case until the brink of trial.  Just one week before trial, Mikayla was…

Read more: TKVA Result: $115,000 Settlement for Family in Contra Costa County in Action Against Landlord for Wrongful Eviction and Habitability Issues

TKVA Result: $130,000 Recovered in Action Against Landlord for Harassment and Habitability Issues

TKVA Result: $130,000 Recovered in Action Against Landlord for Harassment and Habitability Issues

Toscano Kellogg & Van Aken represented multiple tenants in an affirmative lawsuit against their former landlord for the horrific living conditions they endured while living at the premises. In addition to the almost daily harassment they dealt with from their landlord and his family, the tenants dealt with significant substandard living conditions for which the landlord had been cited by the City's Department of Building Inspection almost a dozen times.

The TKVA team, headed by partner Kelly Van Aken, mounted an aggressive case against the landlord, and rejected the defendant's 998 settlement offers.  After preparing the case for trial, which…

Read more: TKVA Result: $130,000 Recovered in Action Against Landlord for Harassment and Habitability Issues

Q&A with TKVA: Does the City of Berkeley Have Rent Control and Eviction Control?

Q&A with TKVA: Does the City of Berkeley Have Rent Control and Eviction Control?

Photo courtesy of http://whitneylab.berkeley.edu/

As San Francisco rent prices continue to rise, the sunny side of the Bay is seeing an influx of residents escaping the city in search of more reasonable rental options.  If you are a tenant searching for housing in the East Bay, it is important to know which cities provide additional protections for you.  Like Oakland and San Francisco, the City of Berkeley has tenant-friendly laws which regulate rent and control evictions.

Does the City of Berkeley Have Rent Control and Eviction Control?

Yes.  In June 1980, residents of the City of Berkeley recognized the…

Read more: Q&A with TKVA: Does the City of Berkeley Have Rent Control and Eviction Control?

Q&A with TKVA: Does Oakland have Rent Control too?

Q&A with TKVA: Does Oakland have Rent Control too?

If you already live or are planning to move to the San Francisco Bay Area, it is likely you have taken a look at the rents in San Francisco and cringed a bit.  Though rents are not much better in other parts of the Bay Area, many would-be San Franciscans are considering avoiding or fleeing the city, and are considering housing in Oakland.

Much to many people's surprise, like San Francisco, Oakland has laws that protect tenants from eviction and unlawful rent increases. Oakland's Residential Rent Adjustment Program provides rent control protection for certain Oakland residential rental units.  Here,…

Read more: Q&A with TKVA: Does Oakland have Rent Control too?

Introducing the Newest Member of Our Team

Tags: Team
Introducing the Newest Member of Our Team

Toscano Kellogg & Van Aken LLP is thrilled to announce the recent hiring of John L. Schwab, a third-year student at UC Davis School of Law, as a part-time law clerk.  John earned a degree in International Studies from Wright State University in Dayton, Ohio, where he graduated cum laudewith departmental honors.  Before law school, John lived and worked in Los Angeles, where he gained experience in the film industry.  He also spent a year teaching English as a second language with AmeriCorps.  John is currently Senior Notes and Comments Editor for the UC Davis Law Review and a…

Read more: Introducing the Newest Member of Our Team