Gupta Evans & Ayres

02/14/2022

Get to know our newest partner Jake Ayres, ESQ. Jake has been with the firm since 2019 and is an integral part of our team. His expertise in Land Use and Cannabis litigation rounds out the practice at Gupta Evans & Ayres, augmenting our Bankruptcy and Corporate Business Litigation expertise. What you may NOT know is what's on his bucket list. Visit socal.law/portfolio-item/jake-ayres/ to watch his video and read about our newest partner. **p

01/18/2022

New Post: Short-term rentals have been, and continue to be, a polarizing topic among residents of many California neighborhoods. This is particularly true in the beach and vacation communities along the California coast. The proliferation of short-term rentals in these areas has led to short-term rental bans regularly springing up to curb the side effects of what many neighborhoods perceive to be mini-hotel communities. Other property owners, on the other hand, resist these bans to take advantage of the revenue stream. While these debates will persist and create uncertainty in the short-term rental industry, a semblance of predictability can be expected from the not so invisible hand operating throughout these communities—the California Coastal Commission and its enforcement of the California Coastal Act.

Short-term rentals have been, and continue to be, a polarizing topic among residents of many California neighborhoods.  This is particularly true in the beach and vacation communities along the California coast.  The proliferation of short-term rentals in these areas has led to short-term rental b...

01/13/2022

Most attorneys are familiar with the alter ego doctrine as it applies to business entities—that is, “piercing the corporate veil,” where a creditor attempts to collect from the assets of the principals behind a business entity debtor. An extension of this doctrine is “reverse veil piercing” (recently greenlit in California in the LLC context), wherein a creditor can collect from the assets of a business entity to satisfy the debts of a debtor shareholder/member. But how do these rules apply to trusts, which aren’t business entities—or entities at all? This article explores the rules for when a creditor can “(reverse) pierce the veil” of a trust to satisfy the debts of a trust-affiliated debtor, and the converse—that is, when a creditor can access the assets of a settlor or beneficiary to satisfy the debts of a debtor trust/trustee.

Most attorneys are familiar with the rigamarole that comes with attempting to reach assets held by the principals of a business entity as a part of analyzing whether a judgment will be collectible—that is, whether the alter ego doctrine will apply such that the creditor may “pierce the corporate...

04/22/2020

In an effort to help our clients and partners understand the impact of COVID-19 and the recent legislation on real estate matters, our office held a webinar April 15, 2020. Our panel composed of real estate professionals discussed the market for commercial and residential real estate as well as how recently enacted ordinances have impacted the local real estate market. To read more about the impact and options for real estate and businesses, click the link below.

The COVID-19 pandemic has had a dramatic impact on real estate issues and has prompted all levels of government to enact new legislation to mitigate the impact on landlords, tenants, and banks. In an effort to help our clients and partners understand the impact of COVID-19 and the recent legislation...

05/21/2019

The illegality of cannabis at the federal level has largely shut cannabis businesses—legal at the state level—out of traditional banking. As a result, cannabis businesses operate on an all-cash basis, leading to cash payments to employees, vendors, professional service providers, utilities, and government entities. The Secure And Fair Enforcement (SAFE) Banking Act of 2019, would allow cannabis business to bank their money with traditional financial institutions. To find out more, read the article at the link below.

In tax season of 2019, a legal cannabis grower walked a nerve-wracking 20 yards from the parking lot to a California government office to pay his state taxes—with a pile of $350,000 in cash.  The illegality of cannabis at the federal level has largely shut cannabis businesses—legal at the state...

01/18/2019

Gupta Evans and Associates, PC, a quickly growing San Diego boutique litigation law firm, has an immediate opening for an experienced litigation attorney to join the Practice. Gupta Evans is a thriving civil litigation and bankruptcy practice, with a strong emphasis in real estate, corporate and insolvency matters. A more detailed look at the Practice including areas of expertise, values, and overall client philosophy can be found at www.socal.law.

Gupta Evans and Associates, PC, a quickly growing San Diego boutique litigation law firm, has an immediate opening for an experienced litigation attorney to join the Practice. Gupta Evans is a thriving civil litigation and bankruptcy practice, with a strong emphasis in real estate, corporate and i...

01/18/2019

Gupta Evans and Associates, PC, a quickly growing San Diego boutique litigation law firm, has an immediate opening for an experienced litigation attorney to join the Practice. Gupta Evans is a thriving civil litigation and bankruptcy practice, with a strong emphasis in real estate, corporate and insolvency matters.

For more information on the position, please visit: https://socal.law/were-hiring/

12/05/2018

Accessory Dwelling Units, also known as Granny Flats are an interesting way for Californians to leverage their property into additional revenue streams.

As the California housing crisis continues to expand, more and more Californians are looking for ways to leverage their property into additional revenue streams. With popular options like Airbnbs and short term rentals generating controversy and uncertainty as of late, an alternative way for familie...

11/05/2018

The repeal of short-term rental regulations has created tremendous uncertainty with regard to how the City of San Diego will look to regulate short term rentals going forward, if at all, and poses the question of what in fact is best for San Diego.

You have likely seen the signs around town — “Neighborhoods are for Neighbors, Not Vacation Rentals.” This phrase has become the mantra of “Save San Diego Neighborhoods,” the lead organization pushing back against San Diego’s rapidly expanding short term rental market. Save San Diego is ...

10/01/2018

Due to skyrocketing rent prices, the idea of rent control has become appealing to many Californians. The upcoming Proposition 10 would allow cities in California the ability to choose whether or not to implement rent control. But is Prop 10 right for California?

In June, the California Secretary of State confirmed Proposition 10 as a ballot initiative that, if passed, will allow cities in California to implement rent control. With the housing shortage in California, San Diego in particular, renters have seen dramatic increases in rent that quite simply have...

09/20/2018

A recent ruling by the California Court of Appeals has created new opportunities for creditors to satisfy judgments against individuals protecting assets 'behind the veil' of LLC's. This ruling, the Curci decision, represents a significant departure from previous California Creditor law and could open the door to a multitude of changes in the future.

In 2017, the California Court of Appeals ruled that creditors can directly pursue the assets of an LLC owned by a judgment debtor to satisfy the judgment. This process, known as “Reverse Veil Piercing,” marks a significant change in California law as it relates to collections and the way that th...