Scott Talkov

Actual Malice Defamation Public Figure California Law

Actual Malice Standard for Defamation of Public Figures in California

Public Figures Bear a Heavy Burden to Show Actual Malice for Defamation in California Many public figures have trouble understanding that they enjoy very limited protection from defamation. Instead, they are required to meet a heavy burden to establish actual malice, which can rarely be proven. “To show actual malice, plaintiffs must demonstrate [that the … Read More

Defamation Defense Opinion Rhetorical Hyperbole Attorney Lawyer California

Rhetorical Hyperbole Defense to Defamation Under the First Amendment

Defamation Defense of Opinion Means that “Rhetorical Hyperbole, Vigorous Epithets, Lusty and Imaginative Expressions of Contempt” are Protected by the First Amendment Many politicians and others in the public eye are bothered by those who express opinions about them that they believe are false. Despite their disappointment, the First Amendment protects rhetorical hyperbole and imaginative … Read More

Lis Pendens Checklist California Real Estate Attorney

Lis Pendens Requirement Checklist [Notice of Pending Action California]

What is a Lis Pendens (Notice of Pendency of Action) Under California Law? Formerly known as a “lis pendens,” a notice of pendency of action is a written document, recorded with the county recorder, that provides constructive notice of a pending court action (i.e. a lawsuit) that affects title to, or possession of, real property. … Read More

Homestead Exemption in California AB 1885

How Much Equity Can a Debtor Have in Their Home and Still File for Chapter 7 Bankruptcy?

How Much Home Equity Can a Debtor Exempt in California Bankruptcy? As California bankruptcy attorneys, we are often asked how much equity a debtor can have in their home and still file for Chapter 7 bankruptcy? The answer is simple: anyone can file for bankruptcy, but it may not be wise to if the debtor’s … Read More

Partition California In-Kind By Sale Attorney Lawyer Los Angeles Orange County

Partition by Sale vs. Partition In-Kind [California Real Estate]

How does a California Court decide Partition by Sale of Property Over Physical Division? One common dispute between co-owners is whether to partition the property by sale or physically divide the property, known as partition in kind. This article provides the advice of an experienced partition attorney in California on how courts decide between these two … Read More

Boilerplate Affirmative Defense Motion to Strike Demurrer

Boilerplate Affirmative Defenses: Motion to Strike & Demurrer [California Form Template Sample]

Many times, when defendants are sued in California they file an answer alleging numerous boilerplate affirmative defenses with no supporting facts. Technically, this is improper, and these defenses may be subject to a motion to strike or demurrer under California law. The authorities below can be used in a motion to strike or demurrer seeking … Read More

Dissemination of Local or Telegraphic News and Intelligence of a General Character

What is Dissemination of Local or Telegraphic News and Intelligence of a General Character?

Newspapers seeking a court order to run legal advertising must show the court that they are a newspaper published for the dissemination of local or telegraphic news and intelligence of a general character. However, exactly what this means has been the subject of several cases. This requirement comes from either of the two statutes in … Read More

Partition Action Complaint California Form Template Sample Free

Partition Action Complaint California [Form Template Sample Free]

Form Complaint for Partition by Sale in California If you co-own real estate in California, you know the headaches that can accompany the ownership of property by tenants-in-common or joint tenancy. Disputes often arise when owners disagree on the best use of the property. Perhaps one of the owners wants to sell, but the other … Read More

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