The internal affairs doctrine indicates what state’s law is applicable to a corporation or limited liability company’s (LLC) internal affairs. This is important in adjudicating any corporate disputes like breach of contract, breach of fiduciary duty or other lawsuits that might arise involving business and corporations. What is a corporation? A corporation is a legal…
Continue reading ›Commercial Litigation is the process used to resolve legal disputes arising from business transactions and relationships. As an area of law, commercial litigation encompasses a wide range of issues including business torts, antitrust claims, and intellectual property disputes. These claims typically arise out of breaches of contract, disputes over products and services, and financial disagreements.…
Continue reading ›An important part of end-of-life preparation or just future planning is creating a will. A will is a document that dictates what your final intentions are regarding your assets and property. (Estate of Lopes (1984) 152 Cal.App.3d 302, 305.) Because of how a will determines inheritance and any future interest people may have in your…
Continue reading ›Yes. In California the legal process of “abandoning” a partnership is called partnership dissolution. Partnership dissolution is the legal process of ending a business partnership, either voluntarily or involuntarily. Reasons for dissolution include completion of business goals, a partner’s death or incapacity, or the partners’ mutual agreement. The Uniform Partnership Act (“UPA”) governs partnerships and their…
Continue reading ›It seems logical that a parent has a legal and moral duty to care for their children, but is there an inverse duty? Filial responsibility is the responsibility for a child to take care of their parents. This is important if you have a parent in need of support because failing to provide help may…
Continue reading ›Joint ownership of property carries a significant number of rights with it. However, a joint owner cannot sell the property without permission from other co-owners. If one co-owner wants to sell or encumber the entire property and the other co-owner disagrees this can cause conflict. Outside of marriage, property is usually owned as a tenancy…
Continue reading ›Partition is the legal procedure used to divide property among co-owners, often used when co-owners disagree about the property’s sale or division. In California, partition can be achieved through multiple methods: (1) Partition In Kind; (2) Partition by Sale; and (3) Partition by Appraisal. This article only explores Partition In Kind’s specific purpose and procedure…
Continue reading ›Registered Domestic Partnerships are a legally recognized form of union between two adults who willingly engage in a relationship of mutual caring without marriage. Under California law, registered domestic partnerships receive the same state-level rights and responsibilities as married couples. Federal law does not, however, afford registered domestic partnerships the same legal recognition, rights, or…
Continue reading ›One of the issues a property owner encounters is split ownership of property, whether they want to take all of it or get it off their hands. Where multiple people have an interest in property, especially when they already know each other, disputes can get messy. Where one or both owners disagree on how to…
Continue reading ›In California, easements are legal rights that allow one party to use another party’s property for a specific purpose, without transferring ownership of that property. Easements are be created through express or implied agreements, long-standing use, or necessity. They are commonly used to grant access to driveways, utility lines, or for other specific purposes like…
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