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Education

JD, University of the Pacific, McGeorge School of Law

BA, San Francisco Conservatory of Music

Did You Know

A life-long classical guitarist, Monica studied at the San Francisco Conservatory of Music.

No Representative Matters

When A Contract Designates A Third Person To Certify Performance Under A Contract, That Third Person’s Decision Is Conclusive In the Absence Of Fraud Or Mistake
06/10/2021

Three neighboring property owners in San Juan Capistrano incurred varying damages due to a mudslide.  Coral Farms, L.P.; Paul and Susan Mikos; and Thomas and Sonya Mahony own the three neighboring properties.  In the first lawsuit, the property owners sued and countersued each other for negligence...

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A Local Agency Formation Commission (LAFCO) Cannot Condition Its Performance On Applicant Agreeing To Reimburse Litigation Expenses
05/13/2021

Central Coast Development Company (Developer) owned a 154-acre parcel of property within the City of Pismo Beach (City).  The Developer wanted to construct 252 single-family residences and 60 senior housing units on the parcel.  The City approved the Developer’s application for a development permit...

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An Exculpatory Clause in a Commercial Lease May Shield a Property Owner From Liability for Personal Injuries That Occur Because of Passive Negligence or Nonfeasance
01/08/2021

Richard Garcia (“Garcia”) owned an office furniture business.  In 2009, he leased premises for his business.  The original lease contained a clause that held the property owner not liable for personal injuries to Garcia, whether resulting from conditions on the premises or other sources.
Garcia...

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Lease-Leaseback Arrangements Must Be Genuine; Otherwise, a Contractor May Face Disgorgement of Monies Even After Project Completion
12/28/2020

A common method of California public school districts to award contracts for new construction and improvements to existing facilities is the lease-leaseback method.  Authorized under Education Code section 17406, the lease-leaseback method permits builder-financed construction.  A school district...

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When A Company Modifies A Contract, It Must Provide Notice To All Parties And Allow The Parties To Consent To The New Term
12/09/2020

In 2014, Rachel Stover purchased Experian’s credit score subscription service. The terms of the service required Stover to arbitrate all claims arising out of the subscription service and contained a change-of-terms provision stating that each time Stover accessed Experian’s website, she consented...

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