Real property partitions help co-owners and co-tenants divide real estate that they purchased together. Partition actions can be agreed upon by the parties, but if there is no agreement, a court will oversee the partition. Under California law, a court will first determine each party’s interest in the property and then determine the way the…
Continue reading ›California Code of Civil Procedure section 998 incentivizes parties in litigation to settle their disputes before trial. The statute provides that up to ten days before trial, either party may submit a written offer to the other to settle the case under specified terms. (CCP § 998(b).) If the plaintiff rejects the defendant’s timely offer…
Continue reading ›Often times, a person’s estate includes property. While property disputes between co-owners are complicated enough, a property dispute including the estate of a deceased person adds an entirely different layer of complexity to the situation. In these instances, there are special laws that apply to help to clarify the process. This article will discuss who…
Continue reading ›Family Code section 2021 provides that a court “may order that a person who claims an interest in the proceeding be joined as a party” to nullity, dissolution, and legal separation proceedings. (Fam.C. § 2021(a).) An interested third party may wish to join a family law proceeding, or an existing party may want to join…
Continue reading ›The Probate process can be intimidating and confusing. In addition to having to deal with the death of a loved one, adding the resolution of legal and real estate issues on top of everything else can feel like a lot. Recently, the Legislature changed the law to attempt to make things smoother, and easier on…
Continue reading ›The Corporate Transparency Act of 2020 (the “CTA”) is a Federal law set to go into effect on January 1, 2024. It forces certain members of businesses (those who formed them and those who own large portions of the entity) to report sensitive information to the Federal Government. Congress’ justification is that more than two…
Continue reading ›Underwood Law Firm is a finalist for the California Legal Awards’ Vanguard Award. Featured on Law.com Underwood Law Firm is a finalist for the California Legal Awards’ Vanguard Award, honoring firms and companies that have revolutionized their business to stay one step ahead of the current and future forces shaping the legal industry. The firm…
Continue reading ›The statutory LLC buyout is a special remedy designed for lawsuits seeking to dissolve LLCs. After members of the entity sue to dissolve the business, the other members (all of them or some of them) have the statutory ability to avoid dissolution by buying out the membership interests of these “moving parties.” However, problems can…
Continue reading ›When business entities become subject to internal dissension, it’s not uncommon for several members to approach the court system and seek to dissolve the entity. Often, this is in the best interest of all involved. Sometimes, however, the other members, shareholders, or partners, do not want to let the business go. They feel it can…
Continue reading ›In almost all civil litigation in California, a major issue is the formal process of exchanging information and documents that address claims or defenses in dispute between the parties. In this system, discovery is “self-executing.” That means that no party to the lawsuit has any obligation to provide any information, unless requested through the formal…
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