Articles Posted in rent control laws

Is a Partition Action Exempt from Bankruptcy Proceedings (CCP § 715.050)? 
Underwood Law Firm, P.C.

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 exempt from a bankruptcy proceeding…

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What is the difference between a receiver and a partition referee? (CCP § 873.610)
Underwood Law Firm, P.C.

Receivers and partitions referees are cut from the same cloth. In actions involving property, they step in at the request of the parties or order of the court to properly dispose of or manage the property at issue. Their roles are to act as a third party with no ties to any of the co-owners…

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How does a court make an accounting when a property is partitioned by division? (CCP § 873.250)
Underwood Law Firm, P.C.

When there is a court-ordered partition by division, there are several steps that both the court and parties take to ensure that the property is physically divided both equally and equitably. Read on to find out the different avenues the court takes when deciding a partition by division lawsuit. How does the Court Account for…

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Can Rent Control Laws Prevent a Partition Eviction? (Civ. Code § 1632)
Underwood Law Firm, P.C.

No, rent control laws cannot prevent a partition eviction. However, the answer is a bit more complicated than one might think. There are very specific rules and regulations in California that regulate both rent control laws and partition action evictions. Read on to learn more. What is Rent Control? While the benefits of rent control…

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