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
Form Complaint for Partition 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 one doesn’t … Read More
Buying Bankruptcy Homes, Assets, Houses, Real Estate & Property from a Bankruptcy Court Many buyers of real estate know how to purchase a property using a Realtor or at a foreclosure auction, but there is considerable mystery about how to buy homes and other real estate out of bankruptcy. Indeed, a close review of bankruptcy … Read More
Tips to Filing a Motion to Set Aside a Default & Default Judgment in Bankruptcy Court (California, Ninth Circuit).
Cash for Keys Offer Letter & Cash for Keys Agreement Given our current economic conditions and legal constraints, many landlords are unable to effectively proceed with an unlawful detainer (eviction) while many renters are undergoing financial distress that causes them to be unable to move or pay rent. Many landlords have decided to offer cash … Read More
What Happens if a Neighbor Cuts Down a Tree on your Property? How to Measure the Damage to Trees (Nuisance, Encroachment, Neighbors) under California Civil Code 3346 & Code of Civil Procedure 733 One of the heavily litigated issues when a neighbor cuts or chops trees on your property without permission or consent is the … Read More
Mitigation of Damages Affirmative Defense to Breach of Lease & Contract in California Parties to contracts should be aware of the duty to mitigate damages by all parties, including landlords. This includes damages for unpaid rent that becomes due after the breach of a lease. This doctrine of mitigation of damages, often called a duty … Read More
![Negligent Misrepresentation Elements in California [Defenses Definition CACI]](https://talkovlaw.com/wp-content/uploads/2020/08/Negligent-Misrepresentation-Elements-in-California.jpg)
The Ultimate Guide to Bringing and Defeating Negligent Misrepresentation Claims in California Courts It is often said that a cause of action for fraud is easy to allege, but hard to prove. Perhaps the easiest form of fraud to allege is negligent misrepresentation. This makes it perhaps the most common form of fraud alleges by parties in litigation. However, a close … Read More
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.
No Discharge of Debt Arising From Willful and Malicious Injury Non-Dischargeability under 11 U.S.C. § 523(a)(6) A primary purpose of filing for bankruptcy is to provide the debtor with the opportunity to discharge their debts, thereby obtaining a fresh start. However, not all debts are dischargeable under the United States Bankruptcy Code. One category of … Read More
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