Business & Corporate Law

Forcing the Sale of Inherited House in California

Forcing the Sale of an Inherited House in California

Can I Force the Sale of Inherited Property? Understanding exactly what to do after a close family member passes away is one of the most difficult things someone can go through. A whirlwind of confusion and sadness makes decision making near impossible, especially when real property is involved. Real estate is no doubt a major … Read More

Terminating Sanctions for Document Fabrication in Federal Court

Terminating Sanctions for Document Fabrication in Federal Court

Federal courts have repeatedly found that terminating sanctions are appropriate when a party commits the cardinal sin of litigation since “fabricating evidence has been referred to as the most egregious misconduct which justifies a finding of fraud upon the Court.” Kenno v. Colorado’s Governor’s Off. of Info. Tech., 2021 WL 2682619, at *19 (D. Colo. June … Read More

120 Days to Bring an Action to Contest a Trust Probate Code 16061.8 Talkov Law

120-Day Deadline Applies Only to Actions to Contest a Trust [Probate Code 16061.8]

120-Day Deadline in Probate Applies Only to Actions to Contest a Trust Many attorneys attempt to confuse trust beneficiaries and other parties by claiming that the 120-day deadline to contest a trust applies to actions not barred by this deadline. Specifically, California Probate Code 16061.8 states that: “No person upon whom the notification by the … Read More

Can You Sue a Law Firm for Doing Its Job Talkov Law

Can You Sue an Attorney for Doing their Job? [Anti-SLAPP Protection for Litigation-Related Activities]

Can an Attorney Be Sued for Representing a Client in Litigation? It may sound ridiculous, but attorneys (or their law firms) are sometimes tacked on as defendants in a complaint. Is this legal? Can another attorney do this? Talkov Law’s attorneys explain how anti-SLAPP law prevents this and the devastating legal repercussions of including a … Read More

Anti-SLAPP Can Be Used to Strike “Mixed Conduct” Claims [Baral v. Schnitt (2016) 1 Cal. 5th 376]

California’s Anti-SLAPP History Like 28 other US states, California has enacted an anti-SLAPP statute in its Code of Civil Procedure. The statute states that “[a] cause of action against a person arising from any act of that person in furtherance of the person’s right of petition or free speech under the United States Constitution or … Read More

Heggstad Petition [California Probate Code 850]

What is a Heggstad Petition? California Probate Code 850, also known as a Heggstad petition, is a judicial proceeding used to avoid costly and time-consuming probate proceedings by petitioning the court to transfer property that should have been titled in the name of a trust (but was not) into said trust after the decedent has … Read More

How to Sever Joint Tenancy Civil Code 682 Talkov Law

Civil Code 682 – Severing a Joint Tenancy in California

This article seeks to explain the meaning of a joint tenancy as compared to other forms of co-tenancy, explains the meaning and importance of the severance of a joint tenancy, and explains the means by which a joint tenancy in real estate may be severed. Before or after the severance, jointly owned property can be … Read More

Civil Code 789 - Tenancy At Will - Eviction of Unwanted Guests in California

Tenancy At Will California – Eviction of Unwanted Guests – Civil Code 789

A tenancy at will, also known as an at will tenancy, is always a great situation for the tenant. The arrangement was often formerly fulfilling for the landlord because they get to help someone who they care about. These situations may get sticky, however, when the landlord attempts to remove the unwanted roommate, former employee, … Read More

Internet App Defense to PPV Cable Boxing Signal Piracy Copyright Infringement [47 USC 605 & 553]

Boxing, Soccer, & Sports Piracy (Copyright Infringement) Laws May Not Apply to Internet Apps Like DAZN Used to Show Paid Sporting Events in Businesses There May be No Merit to Lawsuits Filed by Thomas P. Riley on Behalf of G & G Closed Circuit Events, LLC, Innovative Sports Management, Inc. DBA Integrated Sports Media, and … Read More

Family Code 1100(b) - Spouses Can Gift No More than Half of the Community Property

Family Code 1100(b) – Spouses Can Gift No More than Half of the Community Property

Community Property Laws Allow Spouses to Give Away No More than Half of the Community Estate, During Life or Upon Death in a Will or Trust While many spouses have tried, the law does not allow a living or deceased spouse to give away more than half of the community property marital estate, including in … Read More

Contact us to schedule your complimentary consultation.

    Super Lawyers
    US News and World Report Scott Talkov
    Scott Talkov Three Best Rated 2021
    Scott Talkov Member of the Million Dollar Advocates Forum

    Recent Blog Posts

    Talkov Law is one of California's preeminent law firms for partition, real estate, business, bankruptcy, and family law litigation, disputes, trials and appeals. Our attorneys have been awarded by some of the most esteemed legal organizations, including Avvo, Justia, Lead Counsel, Expertise, Super Lawyers, and Three Best Rated. Call (844) 4-TALKOV for a free consultation. The lawyers at Talkov Law serve Los Angeles, Orange County, San Diego, Riverside, San Bernardino County, San Jose, Sacramento, San FranciscoPalo Alto, Palm SpringsSanta Barbara, Redding, Oakland, Monterey Bay, Long Beach, Walnut Creek, Santa Rosa, San Fernando Valley, San Gabriel Valley, Bakersfield, and Fresno.

    The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.