Motions in Limine are designed to facilitate case management before trial starts because taking a case to trial is an extremely evidence intensive process. Understanding how you can use Motions in Limine to protect and strengthen your case before trial starts is an important step to preparing your strongest case. What is a Motion in…
Continue reading ›In a partition action the sale proceeds are distributed based on a party’s interest in the property. (Code Civ. Proc., § 872.810.) This includes parties’ ownership interest as well as what improvements they made on the property or other factors. (Code Civ. Proc., § 873.220.) In pursuing partition by sale, division of proceeds may raise…
Continue reading ›A fiduciary duty is a special kind of professional relationship that forms between an individual or entity and their client. California recognizes many types of fiduciary relationships; each carrying its own duties and expectations. Understanding how fiduciary relationships function, under what circumstances they are established, and how they can be violated will help you better…
Continue reading ›In California, spouses and registered domestic partners are afforded specific legal protections because of their status as a “spouse” or “registered partner.” A putative spouse is different from an actual marriage and a registered domestic partnership but exists to provide the same protections in specific circumstances. The Putative Spouse Doctrine protects Putative Spouses when their…
Continue reading ›In many contracts, the parties know that one person will be harmed if the other one breaches, but also realize that damage would be hard to calculate. So, what is a person to do to protect themselves from loss while also living their life in a way to pursue their goal? How can the law…
Continue reading ›Property transfers often require documents showing the transfer to be notarized and recorded. This means the document is entered into the county recorder’s office and notarized to ensure the document is authentic. A signed document can be notarized via a jurat or an acknowledgment. The choice of method is left to the person signing. The…
Continue reading ›This article is about whether a personal lien, like a lien for child support, can attach to real estate. This is important because property can be used as collateral for debt voluntarily or involuntarily. This means the owner of the property uses the property as collateral by having a lien placed on it. What is…
Continue reading ›The purpose of this article is to explain what Partnership Dissolutions and Partnership Buyout Agreements are. Understanding the purpose of these contracts is important to business partners attempting to navigate the dissolution or end of their partnership and the loss of a partner. Knowing the differences between a Partnership Dissolution and a Partnership Buyout Agreement…
Continue reading ›Exceptions in a title report, also called a preliminary title report, make a potential buyer aware of issues with the property. Exceptions are important as they may limit what title insurance a buyer is eligible for and may prevent the sale of property altogether. What is a title report? A title report is used when…
Continue reading ›The purpose of this article is to explain whether a property owner can recover value of time or services in a partition action. Understanding whether an owner can recover the value of time or services is important because it directly affects the compensation they are entitled to recover in a partition action. What is a…
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