Please join us on September 28, 2021 to hear from Sean Ponist and Cary McReynolds as they discuss “The Ins-and-Outs of Real Property Liens and Encumbrances.”  The seminar examines common liens/encumbrances placed on real property, including lis pendens, prejudgment/attachment liens, judgment liens, execution liens, mechanics liens and stop payment notices, design professional liens, HOA liens, buyer liens, deeds of trust, options to purchase and other clouds on title. The CLE will examine, among other things, particular requirements to place such liens/encumbrances as well as steps necessary to remove them.

Over the course of the past year and a half, individuals and businesses in California have been forced to adapt to a new way of life brought on by the coronavirus pandemic.  In response, state and local governments have adopted various legislation to accommodate these changes as well as measures to address financial hardships suffered as a result of the pandemic.  One crucial legislative focus has been on the inability of tenants to pay rent, including office, retail, industrial and other commercial tenants.

Earlier this week, the Civil Litigation Section of the San Diego County Bar Association hosted its summer social.  Attorney Sean Ponist of the Ponist Law Group is the Chair of the Civil Litigation Section.  It was the first in-person event for the Section since the start of the pandemic and the first time that the Section’s Board of Directors met in person since the start of the pandemic.  Pictured above are Board Members Aaron Sibley, Sean Ponist (Chair), Ray Ayers and Michael Hirman (left to right). 

In the recent decision of Shaper v. Zadek, Case No. 21-cv-00493-EMC, 2021 WL 3885958 (N.D. Cal. Aug., 31, 2021), the court addressed whether loans purchased by investors were “securities” under federal securities laws and, if so, whether the seller of the notes had violated federal securities laws by failing to, among other things, register as an investment adviser and/or broker-dealer.  The answer is lawyerly and, perhaps, unsatisfactory, i.e., it depends!  Where the notes were purchased for investment purposes, offered and sold to a broad segment of the population, reasonable investors would view them as securities and not merely notes, and there is no other statutory scheme directly regulating the transaction, they should be treated as “securities.”  Nonetheless, additional considerations will determine whether the party offering the note must register as an investment adviser or broker-dealer under federal securities laws. 

The Ponist Law Group is proud to announce that founding partner Sean E. Ponist has been selected as a 2020 Northern California Super Lawyer, highlighting those who “demonstrate the highest degree of professional achievement and peer recognition.” This marks the 10th year that he has been selected as a Super Lawyer. The distinction is awarded to less than 5% of attorneys based on peer nomination and evaluation as well as independent research.

Join us on Wednesday, October 14, 2020 to hear from Superior Court Judge Eddie C. Sturgeon and experienced trial attorney Sean E. Ponist as they discuss keys to success in the courtroom and useful tips for litigators. The presentation will cover, among other things, “knowing your judge,” “sizing up your case,” motion practice and argument as well as trial pointers. This legal education seminar is sponsored by the San Diego County Bar Association.

In the wake of the novel coronavirus pandemic, city and county governments throughout the State of California passed laws to stay eviction proceedings against tenants, including commercial tenants. Additionally, the Judicial Council of California also took action to protect tenants. On August 13, 2020, however, the Judicial Council of California voted to end the emergency rules affecting evictions and foreclosures (Rules 1 and 2, respectively) effective September 1, 2020.

Join us on September 9, 2020 to hear from Sean Ponist and other leading real estate professionals as they discuss “Real Estate Brokerage During These Extraordinary Times.”

Join us on August 3, 2020 to hear from Sean Ponist and other leading civil litigators attorneys
as they discuss the new age of taking and defending virtual depositions. The 1 hour CLE will
cover the entire virtual deposition process, from the new (virtual) deposition notices and
admonitions through tips to having your client make the best impression for the camera. This
legal education seminar is sponsored by the San Diego County Bar Association.

The coronavirus pandemic, together with the government response thereto, has impacted everyone’s life. The governmental measures, while prudent, have also placed an incredible strain on nearly every business. In an effort to lessen the impact on businesses, many cities and counties have enacted rent protection measures to assist businesses with their commercial lease obligations. In this blog post, we discuss these measures.