Coronavirus Force Majeure Contract Lease Termination

Coronavirus Defenses to Breach of Contract Under California Law

Does the Coronavirus Pandemic Excuse Performance of Contractual Obligations? The Coronavirus pandemic will make it more difficult for many parties to perform their obligations under various contracts, including breach of a real estate lease, a purchase and sale contract, a mortgage, a promissory note, and various business and real estate contract. If one of the … Read More

Fraud, fraudulent, attorney, california

Fraud, Intentional Misrepresentation & Deceit – California Law [Elements Definition]

How to Prove Intentional Misrepresentation, Actual Fraud, and Deceit in California What many people believe is a “fraud” may or may not fit within the legal definition of fraud in California. Understanding exactly what constitutes a “fraud” in consultation with business fraud lawyer will allow you to determine your remedies under California law. Pleading Actual … Read More

Newspaper of General Circulation California Attorney Lawyer Orange County Riverside Los Angeles

Government Code Section 6000 & 6008 – Newspaper of General Circulation Law California

California Government Code sections 6000 and 6008 are the two statutes that allow a publication to become adjudicated through a newspaper of general circulation attorney in California. This entitles the newspaper to publish legal advertising in its particular jurisdiction of adjudication. This article outlines the general parameters of these two statutes. California Government Code Section … Read More

California Government Code Section 6041 – Which Newspaper is Required for Publication of Official City Legal Notices?

One of the most contested issues for newspapers of general circulation in California is what newspaper a city, county or other government entity must use to publish to meet the legal requirements of notice by publication. The relevant law in Government Code Section 6041 provides as follows: Whenever any publication, or notice by publication, or … Read More

Fraud, fraudulent, attorney, california

Mejia v. Reed – Fraudulent Transfer Transmutation (Post-Nuptial) Agreements under California Law

Often times, divorcing couples decide to allocate their assets by a stipulated marital settlement agreement (MSA) that provides a property division that may not be entirely equal. Creditors, either those during the marriage or those post-separation owed only from the assets of one of the spouses may challenge the transaction as a fraudulent transfer, effectively … Read More

Breach of Contract Attorney California

Beware: CCP § 664.6 Settlement Must be Attached to Request for Dismissal Form for Court to Retain Jurisdiction

Mesa RHF Partners, L.P. v. City of L.A. (2019) 33 Cal.App.5th 913 Sets Forth Strict Requirements for Court to Retain Jurisdiction Under CCP § 664.6 Attorneys commonly believe that settlements calling for the court to retain jurisdiction automatically do so. However, strict compliance with Code of Civil Procedure § 664.6 is required for court to … Read More

Alter-Ego Liability for Commingling Under California Law

Piercing the Corporate Veil Under California Law Requires More than a Common Quickbooks Account Many California corporations and limited liability companies have only one owner, principal, shareholder or member. When creditors are unable to be paid from the entity, they often seek satisfaction of their claim from the owner, and often can find evidence of … Read More

Contesting a Petition for Adjudication as a Newspaper of General Circulation – Cal. Gov. Code § 6022

When a publication believes it meets the requirements to be adjudicated as a newspaper of general circulation (NGC) in California, it can file a petition with the California Superior Court requesting the right to run legal notices in compliance with various statutes (e.g., publishing fictitious business name statements). However, what happens when a newspaper files for adjudication, but it … Read More

Real Estate Law

Corrective Deed of Trust in California- Is It Enforceable?

Title insurers often discover defects in transactions after escrow has closed. When this occurs, they regularly request that parties to a real estate transaction execute “corrective” trust deeds or grant deeds. However, parties should consult with counsel before doing so, as the title insurer may have a bigger problem on its hands than it is … Read More

Warning: Email Wire Instruction Fraud Scam Hitting Real Estate Industry

Warning to the real estate industry: a widespread real estate fraud is currently underway that could cost you and your client tens, or even hundreds, of thousands of dollars. The Scam The scam is simple: the scammer obtains access to information concerning a pending real estate transaction, using this information to impersonate a party to … Read More

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