RESOURCES & ARTICLES
That Listing Photo May Be AI Generated. California's New Law Says You Get to See the Original.
A buyer flies in from out of state, tours a house she has only seen online, and stands in the backyard looking at a utility pole and a neighbor's second story window that were n…
A Boilerplate Survival Clause Does Not Disinherit Grandchildren: In re Tung Trust
What happens when a child named in a parent's trust dies before the parent? Most California trusts contain a boilerplate clause that seems to answer the question: anyone who fai…
The Covenant of Good Faith and Fair Dealing: The Contract Term You Never Wrote
Every California contract contains a term that neither side drafted, negotiated, or signed. It does not appear in the document, and it cannot be deleted from it. It is the impli…
Dual Agency in California: Can One Broker Serve Two Masters?
An old proverb says that no one can serve two masters. California real estate law disagrees, up to a point. Dual agency, where one broker represents both the buyer and the selle…
Stolen Load? What to Do in the First 48 Hours
A trailer that should have arrived this morning has not. The driver is not answering, the tracking went dark, or the receiver says the truck that picked up the freight was never…
Breaking a Commercial Lease in California
Business changes faster than leases do. When a location stops making sense, California commercial tenants often assume they are trapped until the term ends, while landlords ofte…
Buying Out a Business Partner in California
Most business partnerships end one of two ways: a deal or a fight. The buyout is the deal, and done properly it converts a failing partnership into a clean ownership transition…
The Deadline to Contest a Trust in California
If you believe a trust was the product of pressure, fraud, or a loved one's failing capacity, the most important thing to understand is this: your time to act may be measured in…
Easement Disputes Between Neighbors in California
A shared driveway, a utility line across the back lot, an access road to a landlocked parcel: easements let one owner use another's land, and they generate some of the most stub…
How to Remove a Trustee in California
When a trustee mismanages a trust, plays favorites, or simply refuses to communicate, California law gives beneficiaries a path to have that trustee removed. Removal is not auto…
Seller Failed to Disclose Defects? Your California Options
You bought the house, moved in, and then found it: the leak the seller painted over, the unpermitted addition, the foundation problem the neighbors knew all about. California im…
Suing a Contractor for Defective Work in California
Bad workmanship, unfinished jobs, and budget blowouts put California homeowners and property owners in a frustrating spot: you paid for professional work and got problems instea…
Undue Influence in California Wills and Trusts
An elderly parent suddenly changes a decades-old estate plan in favor of a new caregiver. A sibling who controlled access to mom "helped" her sign a new trust that cuts everyone…
What to Do When Your Business Partner Locks You Out
You show up to the business you co-own and your key no longer works. Your login is disabled, your name is off the bank account, and your partner is suddenly "handling things." I…
Partition Actions in Los Angeles: How Co-Owners Force a Sale
If you co-own real estate in Los Angeles and the other owner refuses to sell, or refuses to buy you out, California law gives you a powerful remedy: a partition action. In most…
What is a Motion to Compel and Do I get my Attorneys Fees?
A Motion to Compel is a legal document filed by one party in a lawsuit to request that the court order the opposing party to provide certain information or take specific actions…
Are you an out of state resident and being sued here in California?
Personal jurisdiction refers to a court’s authority to hear and make decisions in a case involving a particular individual or entity. It is a legal concept that determines wheth…
Do I need to over disclose in a Real Estate Transaction
In California, sellers of real estate properties are generally required to disclose material facts to potential buyers. The duty to disclose arises from California’s real estate…
What is Discovery in litigation and what if the discovery is excessive.
Discovery in litigation refers to the pre-trial phase during which parties involved in a legal dispute gather and exchange information relevant to the case. It is a crucial part…
Is a Contractor Liable on a Flip
While working on properties, contractors and subcontractors shoulder many responsibilities and perform numerous tasks, and once in a while inevitably take part in the creation o…
What is Piercing the Corporate Veil and why does it matter?
What is Piercing the Corporate Veil and why does it matter?
What is a Writ of Attachment?
A writ of attachment is a legal document issued by a court that authorizes the seizure or attachment of a person’s property or assets to secure a debt or judgment. It is typical…
Quiet Title Actions Between Co-owners
Purchasing a home or other real property with another person, or multiple people, can be an attractive option because splitting the cost of down payments, closing costs and on-g…
Liquidated Damages- What are they?
A liquidated damages clause is a provision in a contract that specifies a predetermined amount of money that one party will pay to the other party in the event of a breach of co…
What to name your Living Trust
Drafting a trust and wondering what you should name your living trust?A close friend of mine called me and said he was buying a home and wanted to place it in a trust. We discus…
How can I transfer my Corporation or LLC to my living trust?
To transfer ownership of your corporation or LLC into a trust, you will need to follow these general steps:
Can You Recover Your Attorney’s Fees In Litigation?
The single most frequently asked question by each one of our Clients who become involved in a lawsuit either being sued or suing) is, “Can I recover my attorney’s fees?” The qui…
Do I provide the entire copy of my Trust?
Although people prefer to keep their confidential information in their living trust private, in some cases, the settlor(s) may need to disclose limited information after executi…
Lis Pendens, What is it and how do I use it.
A Lis Pendens, if filed can at least temporarily, prevent a party from selling or transferring the property or stop foreclosure proceedings or. If a Lis Pendens is filed at the…
What fiduciary duties does a trustee owe to the Beneficiaries of a Trust?
A trustee has several fiduciary duties to the beneficiaries of a trust, including:
Digital Signatures
In the modern age, lawyers and clients increasingly rely on digital methods of providing service, participating in discovery, and filing motions to the court. Integral to the le…
Breach of Contract FAQ
A breach of contract occurs when one party to a contract fails to fulfill their obligations as outlined in the agreement. In other words, it is a violation of the terms and cond…
Do You Really Need A Living Trust?
If you pass in an accident or in an accident with your spouse, or shortly after each other, without a trust, your estate may be subject to probate. California has some of the hi…
What does a Real Estate Attorney Do?
What does a Real Estate Attorney Do and why hire a Real Estate Attorney?