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Articles Posted in legal declarations

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Is Reverse Veil-Piercing Permitted in California? (Postal Instant Press, Inc. v. Kaswa Corp. (2008) 162 Cal.App.4th 1510)

No. In California, individuals often hide behind “corporations” that consist of a single shareholder. In so doing, they protect themselves from liability by utilizing a corporate form. This can be especially frustrating in lawsuits. Often, a plaintiff will receive a judgment in their favor, only to find the corporation they’ve…

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What is a Quiet Title Action? (CCP § 764.010)

A “quiet title” action is a lawsuit where a property owner seeks to eliminate, establish, resolve, and “quiet” any other claims on the same property by anyone else. Once complete, the lawsuit will result in a perfect title enforceable in the courts. A quiet title action is thus an effective…

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What is a lis pendens? (CCP § 405.21)

A lis pendens – also called a notice of pendency of action – is a special type of legal document filed with a county recorder. Though its use is limited to lawsuits involving real property claims, its effect is powerful. Once recorded, it acts as “constructive notice” to all persons…

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In Eminent Domain, what must be included in a pre-condemnation offer? (Gov. Code § 7267.1)

A pre-condemnation offer is a formal offer based on an appraisal that the government needs to offer a property owner prior to filing a condemnation claim in court. Condemnation is the special word given to eminent domain actions and should not be confused with the condemnation that is associated with…

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What are the rules for race-notice/recording in California? (Civ. Code § 1215)

Sometimes, two or more persons claim to have an interest in the same piece of property. If these interests conflict, then the courts have to step in to adjudicate the dispute and decide whose title is true. But things can get messy when both parties appear to have valid deeds,…

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Does RUPA apply to joint ventures? (Corp. Code § 16101)

Yes. While joint ventures are a distinct type of business entity, they share many similarities with general partnerships in California. In fact, “the resemblance between a partnership and joint venture is so close that the rights as between adventurers are governed by practically the same rules that govern partners.” (Milton…

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Is a litigation guarantee required in a Partition Action?

While litigation guarantees are recommended in a lot of contested real estate issues in court, it is not required in a partition action. Read on to find out more about the nuances of litigation guarantees and their relationship with partition actions.  What is a partition action?  A partition action or…

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