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California Partition Law Blog

How do you enter judgment on an arbitration award? (CCP § 1285)
Underwood Law Firm, P.C.

If the parties consent to arbitration, they decide to settle their dispute outside the confines and strict procedure of courtrooms. That said, arbitration awards are not automatically court judgments just because they resolve legal claims. On the contrary, arbitration awards are just contracts between parties and are not independently enforceable under the law. For...

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What is a Full Credit Bid? (CCP § 873.630)
Underwood Law Firm, P.C.

Even when a party finally secures a judgment of partition, the property itself must still be sold (or partitioned in another way). This raises a brand-new set of issues for litigants as they attempt to figure out the terms of sale, when the property should be sold, and, most importantly, the asking price. But...

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What is the Statute of Frauds? (Code of Civil Procedure section 1624)
Underwood Law Firm, P.C.

In most breach of contract actions, the court must find that a valid contract has been created. There are several requirements that need to be fulfilled in order to have an enforceable contract. In certain circumstances, evidence of the existence of a contract in writing is required for the contract to be valid. In...

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What is a Joint Venture? (April Enterprises, Inc. v. KTTV (1983) 147 Cal.App.3d 805)
Underwood Law Firm, P.C.

In California, business enterprises can take many forms (LLCs, corporations, partnerships, etc.). But perhaps the most unique is the “joint venture,” a special entity that, more often than not, is imposed by courts as a matter of law. This is because a joint venture is simply an “undertaking by two or more persons jointly...

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Who Can Be a Partition Referee? (CCP § 873.050)
Underwood Law Firm, P.C.

The appointment of a partition referee is one of the most important aspects of a Partition Action. A partition referee is a neutral third party that is appointed by and accountable to the court. The sole function of a partition referee is to assist the court in matters related to partition actions. (CCP §...

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When can a deed be rescinded? (Civ. Code § 3412)
Underwood Law Firm, P.C.

The deed to a property is the most important document a property owner has. It describes the title and its associated rights while operating as the conveyance of property itself. For that reason, the law presumes the validity of deeds without defects on their face. But that does not mean that every deed is...

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Who can buy property at a partition sale? (CCP § 873.690)
Underwood Law Firm, P.C.

Even when a party finally secures a judgment of partition, the property itself must still be sold (or partitioned in another way). This raises a brand-new set of issues for litigants as they attempt to figure out the terms of sale, when the property should be sold, and, most importantly, the asking price. Usually,...

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What are a partition referee’s duties? (CCP § 873.060)
Underwood Law Firm, P.C.

In most partition actions, the court appoints a partition referee in order to see that the property is sold or properly divided. The job of a Partition referee requires one to carry out several responsibilities and obligations. The purpose of this article is to provide some information on a partition referee’s duties and authority...

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What is the Partition of Real Property Act? (CCP § 874.316)
Underwood Law Firm, P.C.

The Partition of Real Property Act (PRPA) is an exciting new development in real estate law only recently passed by the California Legislature. Its effects are far-reaching, and its changes to the procedure for partitions cannot be understated. At Underwood Law Firm, our attorneys are more than familiar with partitions and the complexities such...

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How do you create a partnership? (Corp. Code § 16101)
Underwood Law Firm, P.C.

The way a business is conducted depends on the entity used to conduct it. There are several entities one can form in order to conduct a business. One common entity used to conduct a business is a partnership. The formalities for creating a partnership are dependent on what type of partnership a person decides...

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