commercial real estate

  • Annual Reassessments Are Required By Prop 8, Are Assessors Ignoring The Law?

    Proposition 8 (“Prop. 8”) requires California County Assessors to tax property based upon the lower of the base year value or the current market value of the property. The "base year value" is what the County Tax Assessor calls the property's purchase price. Property taxes typically only increase 2% per year over the base year value, but when a property’s value drops below the base year value, Prop 8. allows for temporary property tax reductions due to the lower value. 

  • California Water Rights Curtailment Is Imminent

    On April 4, the State Water Resources Control Board gave a sober warning to more than 36,000 water rights holders across the state of California. Due to California's continuing drought and extremely low snowpack levels, their water rights are likely to be curtailed, and soon. This came right on the heels of Governor Brown announcing stricter urban water conservation requirements by Executive Order on April 1.

    While the Governor’s Executive Order was directed at community water use, the warning by the Water Resources Control Board was to provide water rights holders in agriculture enough advance notice that they could make difficult spring planting decisions.

  • Commercial Real Estate: Do Letters Of Intent Create Enforceable Contracts?

    Travis Logue

    In commercial real estate transactions, whether it’s a purchase or lease, letters of intent are ubiquitous. They appear absolutely harmless.  After all, they are non-binding and only a “tool” for future negotiation, right?. In fact, most letters of intent go out of the way to explicitly state that “it shall not be construed in any way to be legally binding” or that “your signature below merely means you are agreeing to this invitation to negotiate”.

    Be careful about accepting this ostensibly harmless “invitation“.

  • Court Denies City of Santa Barbara's Anti-SLAPP Motion

    On March 10, 2017, Ventura Judge Mark Borrell issued a ruling to deny the City of Santa Barbara’s anti-SLAPP motion in the lawsuit brought by Theo Kracke challenging the City’s ban of short-term vacation rentals as a violation of the Coastal Act.

  • Court Rules Against City Of Santa Barbara

    Theo Kracke won a battle in his ongoing lawsuit against the City of Santa Barbara over its decision to ban short-term vacation rentals (STVRs). Earlier this year, the City filed its second demurrer and tried to have the lawsuit dismissed for the third time. However, on June 26, 2017, the court overruled the demurrer and made certain findings that validate the core arguments of the lawsuit. Now that this major obstacle to the lawsuit has been removed, it will proceed in court.

  • Easy On Easements

    Travis Logue

    One of the most common types of real estate cases we litigate are easement disputes. Since easements usually involve one's personal residence or investment property, such disputes may be deeply emotional and expensive.

    What is an easement?  Quite simply, an easement is the right to use another's land for a limited purpose. Commonly, neighbors are granted easements for uses, such as, driveways, fences, hedges, scenic views, and utilities. Most easements are recorded and appear on your property's title report, which is generated during a purchase and escrow.  Since it is a contractual obligation, one risk of having an easement on title is you could become a party in a future lawsuit if a dispute arises.

  • Lawsuit Against Santa Barbara's Ban On Short-Term Rentals Can Proceed

    Jason Wansor and Travis Logue, attorneys with the Santa Barbara law firm of Rogers, Sheffield & Campbell, LLP, are representing Theo Kracke in his lawsuit against the City of Santa Barbara over its ban of short-term vacation rentals. 

  • Letters of Intent in Commercial Real Estate are Tricky

    Travis Logue

    In commercial real estate transactions, letters of intent are ubiquitous. They appear absolutely harmless because they are intended to be non-binding and a “tool” for future negotiation. In fact, most letters of intent go out of the way to explicitly state that “it shall not be construed in any way to be legally binding” or that “your signature below merely means you are agreeing to this invitation to negotiate”.

    You need to seriously think twice before accepting this ostensibly harmless “invitation“.

  • Rogers Sheffield & Campbell, LLP Responds To City Of Santa Barbara's Free Speech Argument In Vacation Rental Ban Suit

    The March 3, 2017 front page of the Santa Barbara Newspress featured extensive quotes from Rogers, Sheffield & Campbell attorney,Jason Wansor.  Yesterday, the Ventura court heard argument on Motions for Demurrer, Anti-SLAPP, and Preliminary Injunction.  The Firm is representing Theo Kracke in his lawsuit against the City over its ban of short-term vacation rentals. 

  • Rogers, Sheffield & Campbell, LLP Files Suit Against City of Santa Barbara Over Vacation Rental Ban

    Rogers, Sheffield & Campbell, LLP Files Suit Against City of Santa Barbara

    Theo KrackeTheo Kracke

    On November 30, 2016, Travis C. Logue and Jason W. Wansor, attorneys for the Santa Barbara law firm of Rogers, Sheffield & Campbell, LLP, filed a Petition for Writ of Mandate and Complaint for Civil Penalties for Violation of the California Coastal Act against the City of Santa Barbara (the “City”).

    The suit stems from the City’s decision to ban short-term vacation rentals (STVRs).  The prohibition will apply to all STVR properties beginning January 1, 2017.

    The petition was filed on behalf of the firm’s client, Theo Kracke, a 35-year resident of Santa Barbara, and proprietor of Paradise Retreats World Class Vacation Rentals.  Mr. Kracke has been engaged in operating, managing and servicing vacation rentals in and around the City since 2006, many of which are located within the City’s Coastal Zone, as defined under the Coastal Act.

  • Rogers, Sheffield & Campbell, LLP Opposes City of Santa Barbara’s Anti-SLAPP Motion

    On February 16, 2017, Travis C. Logue and Jason W. Wansor, attorneys with the Santa Barbara law firm of Rogers, Sheffield & Campbell, LLP, filed Theo Kracke’s Opposition to the City of Santa Barbara’s Anti-SLAPP (Strategic Lawsuit Against Pubic Participation) Motion.

    The Coastal Commission’s letter of December 6, 2016 states the Coastal Commission’s current position that any regulation of short-term vacation rentals within the Coastal Zone amounts to “development” and requires either a Coastal Development Permit (CDP) or an amendment to the City’s Local Coastal Program (LCP).  The relief requested in Mr. Kracke’s Petition is that the City either obtain a CDP or amend its LCP.  Even though Mr. Kracke’s Petition is consistent with the Coastal Commission’s policy on the issue, the City characterizes the Petition as “frankly outrageous.”  In addition, the City asserts Mr. Kracke’s legal challenge is intended to chill the City’s freedom of speech under the First Amendment and is a “strategic lawsuit against public participation” under Code of Civil Procedure Section 425.16.  The City also requests an award of attorneys’ fees.

  • RS&C Contributes To The Revitalization of Ventura

    John H. Haan

    Rogers, Sheffield & Campbell, LLP (RS&C) recently assisted a client in the City of Ventura gain approval from the Ventura City Council for an entitlement project on a six acre site which included a change in zoning from industrial to mixed use, 125 condominiums, 7,300 SF of commercial, a publicly accessible park, and two new public streets. We are thankful for the opportunity to contribute to community development projects like this. 

  • Vacation-Rental Lawsuit Against City Of Santa Barbara Moves Forward

    Santa Barbara was dealt a minor blow as officials for a third time try to get a lawsuit over the city's short-term vacation rental ban thrown out of Ventura County Superior Court.

    "This is a victory for those people who could not otherwise enjoy the Santa Barbara coastline."
    --Theo Kracke

  • Yes, Contractors Do Need Licenses... But Be Careful What You Allege In Pleadings

    RS&C

    Most California construction attorneys know, or should know, that you need to “prove” you’re a licensed contractor in a construction case.

    And, by “prove,” that means more than simply alleging in a pleading that you are a licensed contractor (that’s an allegation not proof) and it also means more than simply signing a declaration or testifying in court that you are a licensed contractor (while that is proof, it’s insufficient proof under the law).

    What you need is a verified certificate of licensure issued by the California Contractor State License Board (“CSLB”). And if you don’t have one during trial, you’re out of luck, . . . until now.

Practice Areas And Regions Served

Rogers, Sheffield & Campbell, LLP primarily serves individuals, families and businesses up and down California's Central Coast and North Los Angeles County, including many Santa Barbara, San Luis Obispo, and Ventura County communities.

Our experienced legal team includes business lawyers, real estate lawyers, tax lawyers, estate planning lawyers and civil litigation lawyers. Our areas of legal practice expertise include Business Law, Entity Formation, Real Estate Law, Tax Law, Estate Planning, Wills, Trusts, Probate, Wine Law, Vineyard Law, Civil Litigation and Alternative Dispute Resolution.

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