Our Practice

  • General Business and Corporate Law
  • Litigation
  • Park Management and Operations
  • Mobilehome Park Legal Services Program
  • Housing Discrimination (H.R. 1158)

Gregory B. Beam, Esq.
Gregory Beam & Associates, Inc.
23113 Plaza Pointe Dr., Suite 100
Laguna Hills, CA 92653
(949) 598-5800

General Business and Corporate Law

Although the attorneys at Gregory Beam & Associates, Inc. are able to handle matters requiring specialized expertise, many of our clients require representation by sophisticated general business counsel. As a result, our office serves as counsel to many large and small companies, as well as professional clients, and, in so doing, provides advice on all types of business transactions, including entity formation (incorporations, partnerships, joint ventures, professional organizations, etc.), real estate and equipment leases and purchases, compliance with licensing, land use and regulatory requirements, extensions of credit and capital finance matters.

Our business attorneys are equipped to respond quickly and cost-effectively to virtually all client requests, be they large or small. We are able to handle very technical legal issues, but we are also sensitive to the need to be practical and effective in achieving a result in a timely and efficient manner. Our business services generally fall into one of five categories: business formation, business operations, business liquidations, litigation and ancillary services. Within those categories, we are staffed to handle virtually any matter that your business may encounter, including the following:

  • Corporate, limited liability entities, partnership and joint venture formation;
  • Contract negotiation, review and drafting;
  • Commercial lease transactions; and
  • Promissory notes, security agreements and other loan transactions.

Litigation

The attorneys at Gregory Beam & Associates, Inc. have a broad range of litigation experience and expertise for situations in which litigation is necessary and recommended to achieve the business objectives of our clients. Unlike many law firms, we carefully help clients to assess the benefit as well as the costs of pursuing litigation as compared to a quick settlement. Generally, our business clients appreciate this cost-benefit approach taken in advising those organizations who have or will initiate or defend an action in court.

Our experience includes representing clients before all state and federal courts. Our litigation related administrative law experience includes representing clients before all types of state agencies and departments, local governments and administrative boards. We have also undertaken numerous proceedings before various alternative dispute resolution bodies, such as the Judicial Arbitration and Mediation Service (“JAMS”) and the American Arbitration Association (“AAA”).

Examples of matters frequently handled include:

  • Commercial litigation, such as collection cases, breach of contract matters, litigation related to protecting competitive advantage, trade secrets, tradenames and business practices, partnership disputes, fraud and misrepresentation in all types of business transactions, and franchise disputes;
  • Real estate related litigation, such as disputes over the purchase and sale of real estate and construction defect matters;
  • Landlord/Tenant litigation, such as unlawful detainer and breach of lease actions;
  • Commission disputes for business and real estate brokers, as well as independent sales representatives;
  • Community association related litigation, such as collection of assessments, enforcement of CC&R’s, and defense of Board of Directors; and
  • Land use representation, including zoning variances, conditional use permit applications and related matters before governmental agencies.

Park Management and Operations

Our full service approach allows our firm to integrate the various legal issues associated with park operations into a coherent program and strategy. Nowhere has this approach proved more successful than in the area of park operations.

We have divided this aspect of our services into three basic service groups:

  1. Rules and Regulations and Long Term Leases;
  2. Unlawful Detainer and Injunction Actions; and
  3. On site management advice.

The new injunction procedures of the Mobilehome Residency Law have materially increased the significance of properly drafted rules and regulations. Prior to the enactment of these procedures, the severity of the unlawful detainer remedy rendered enforcement of rules and regulations difficult.

Current rules and regulations are critical in that:

  1. The language of the park rules typically constitutes the language of the injunction; and
  2. Ambiguities interfere with the enforcement of the rule, as well as the enforcement of any injunction.

In response to this increased importance of rules and regulations, our firm annually updates all rules and regulations of our client parks. We provide this service at an annual fixed fee. This regular updating of rules and regulations should increase the probability of favorable results in injunction actions.

Our firm has found that regular access by park management to our attorneys improves the effectiveness of our legal representation. Our attorneys regularly answer the full spectrum of questions arising from park operations, including violations of rules and regulations, rental disputes, maintenance issues, etc.

Our firm focuses upon the establishment of a comprehensive, long-term business relationship. We have found that such an approach allows our fees to remain extremely competitive, while basing our advice upon a complete understanding of the business, regulatory and financial environment in which your park operates.

Mobilehome Park Legal Services Program

The attorneys in our firm have many years of experience in advising mobilehome park owners and managers in virtually all aspects of mobilehome park operations. Our philosophy is the establishment of a long-term business relationship, dedicated to the profitable and lawful operation of your park with the inclusion of our firm into your management team.

As a result of our experience, we have developed a Legal Services Program intended to provide a full service approach to the legal representation of mobilehome park operations. Our Program is divided into three components:

  1. Acquisitions and Formations: All legal services associated with the acquisition of mobilehome parks and the preparation of the required documents, procedures and entities necessary for park operations. These documents include Long Term Leases, Rules and Regulations, Partnership Agreements, Incorporation documentation, Private and Public offering documentation, etc.
  2. Park Operations: All legal services associated with the operation of mobilehome parks, including, but not limited to:
    • Enforcement of rules and regulations through injunction and unlawful detainer actions;
    • Management hot-line intended to address matters of immediate concern to park management;
    • Rent control administrative and litigation matters; and
    • Land use planning issues such as conditional use permit applications, zoning variances, planning commission and city council representation.
  3. Divestiture: All legal services associated with the “exit strategy” of park owners, including, but not limited to:
    • Park conversions and;
    • Sales and syndication, including sales to tenants.

We have determined that an integrated approach to park legal representation, which takes into account all of the above factors, allows us to provide services at a competitive price, which accomplishes the primary objective of all business owners: profitable operations.

Housing Discrimination (H.R. 1158)

Since the adoption of the Fair Housing Amendments Act of 1988 (often referred to as “H.R. 1158″), we have advised park owners and managers regarding legal compliance and have also assisted park owners and managers in defending housing discrimination complaints. Assuring that your park complies with the law and/or would successfully defend a housing discrimination complaint is a continuous process which is intertwined with our full service approach.

Park owners and managers should focus on three areas:

  1. Does H.R. 1158 apply to my park (i.e., should I be concerned about legal compliance)?
  2. How do I avoid a housing discrimination complaint (i.e., assuring your park complies)?
  3. How can my park successfully defend a housing discrimination complaint (without spending a small fortune in attorneys fees in the process)?

All parks should be concerned with avoiding housing discrimination complaints based upon age or “familial” status, not just senior parks. Your park’s strategy in this area should include:

  • Current rules and regulations (important for both all-age and senior parks).
  • Amending park rules which may be discriminatory based on age (i.e., carefully review any rule which restricts children’s use of park facilities).
  • Implementing procedures for on-site manager to follow with tenant applications.
  • Ensuring services and facilities “provided by the park” which are “specifically designed” to meet the needs of older persons.
  • Verifying age of all tenants, especially new move-ins.
  • Applying age restrictions consistently.

If a housing discrimination complaint is filed, we normally recommend a strategy designed to conclude the matter as quickly as possible. Compliance with the law is evaluated based upon similar factual situations. If there is potential liability, a conciliation agreement may be considered. Otherwise, an administrative proceeding rather than a civil lawsuit in Federal Court is typically recommended.