Business & Corporate Law

Bankruptcy Fraudulent Transfer Attorney California

Fraudulent Transfers in California Bankruptcy [11 USC 548]

What is a Fraudulent Conveyance / Fraudulent Transfer? When a debtor filed a bankruptcy, an estate is created composed of all of the debtor’s rights in property. Among those rights is the ability to set aside transfers for less than fair market value. Indeed, sometimes debtors who realize they will be filing bankruptcy think it … Read More

Statute of Frauds California Real Estate Attorney Los Angeles Orange County Riverside San Diego

Statute of Frauds in California Real Estate FAQs

How the Statute of Frauds Applies to Real Estate in California What is the Statute of Frauds under California Code of Civil Procedure § 1624(a)? The Statute of Frauds is a legal doctrine providing that certain types of contracts are invalid unless they are produced in writing and signed by the party to be charged. … 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

divorce with a business involved california attorney lawyer community separate property

3 Steps to a Successful Divorce with a Business Involved

What Happens to the Business When Spouses Divorce in California? Find out with our essential guide to dividing a business in divorce!

Mitigation Damages Breach Lease Contract Green v Smith California Attorney Lawyer

Mitigation of Damages in Breach of Lease & Contract [California Definition Green v. Smith]

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]

Negligent Misrepresentation Elements in California [Defenses Definition CACI]

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

Coronavirus Lease Termination Letter Sample Form Contract Breach

Lease Termination Letter [Free Sample Template Coronavirus Force Majeure Frustration of Purpose Impracticability]

How to Write a Lease Termination Letter Early Lease Termination Due to Coronavirus Pandemic, Force Majeure, Frustration of Purpose, Impracticability of Performance, Impossibility of Performance Are you trying to terminate your lease without breaching a contract due to interruptions related to the Coronavirus (COVID-19) pandemic? Luckily, the Coronavirus pandemic has created a unique situation that … Read More

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