In California, a real estate investment trust is “any unincorporated association or trust formed to engage in business and managed by, or under the direction of, one or more trustees for the benefit of the holders or owners of transferable shares of beneficial interest in the trust estate and (1)…
Generally, a bankruptcy proceeding acts as a stay on the collection of debt as well as any acts needed to be taken to enforce a debt. The rules regarding partition actions in bankruptcy proceedings are codified in the Code of Civil Procedure section 715.050. Typically, whether a partition action is…
When a loved one passes away, probate proceedings are hopefully not the first thing on their relatives’ minds. Probate is, however, an inevitability, even when a trust is present and effective. But inheritance is not always the blessing that the public conscious imagines it to be. The simple truth is…
A Prejudgment Claim to Right of Possession is a form used for the purpose of avoiding third-party claims in an eviction/unlawful detainer action. The Prejudgment Claim to Right Possession is for the purpose of giving notice to any unnamed occupants of a subject property that an eviction action has been…
A Civil Harassment Restraining Order is a type of restraining order used in California to stop a person from harassing or threatening another. However, the requirements for a civil harassment restraining order are slightly different than a typical restraining order. Essentially, a civil harassment restraining order is for the purpose…
Partnerships are incredibly common business entities that many Californians enter on a regular basis, often to acquire and develop real estate over many years. Unfortunately, many fail to get off the ground, as mismanagement, poor spending, and bickering derail what may have been promising ventures. In these instances, a single…
A Heggstad petition is a unique legal maneuver in probate court that a party can use to establish the existence of a trust. Normally, if a party wants to show that the property at issue is in a family trust, they have to produce evidence of a transfer of the…
An action for accounting is an equitable action seeking to determine the amount owed to the parties of an action when damages are uncertain. “An accounting is an equitable proceeding which is proper where there is an unliquidated and unascertained amount owing that cannot be determined without an examination of…
Partnerships are incredibly common business entities that many Californians enter on a regular basis, often to acquire and develop real estate over many years. But even the most successful arrangements must come to an end. Unfortunately, more often than not, the dissolution procedures “unwind” what may have been a series…
A Marvin agreement is an implied or express contract made between two nonmarried cohabitants/partners regarding property rights during a romantic relationship. Generally, unmarried partners living together can enter a variety of contracts, including but not limited to pooling their earnings to share property equally, holding property as joint tenants or…