Litigation

California Government Code Section 6041 Talkov Law

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

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

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

Recovery of Offsets for Attorney's Fees Talkov Law

Recovery of Offsets for Attorney’s Fees, Costs, Credits & Reimbursements in California Real Property Partition Accounting

California Real Property Partition Law California law provides that co-owners of real property may file a legal action to request that their interests in the property be partitioned. Code Civil Procedure Section 872.210(a)(1). The first phase of a partition is to determine whether the plaintiff has a right to partition the real property. Code of … 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 California Law Piercing Corporate Veil Attorney

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

divorce sale property california attorney lawyer family custody riverside house

How to Sell Real Property in California Divorce

California Family Law Attorney Provides Inland Empire Divorcing Couples with Free Template Sample Agreement for the Sale of Community Real Property.

Bankruptcy Law Attorney California

Bankruptcy Trustee Must “Recover” Property to Deny Debtor Exemption Under Section 522(g)

Bankruptcy trustees sometimes seek to create value for their bankruptcy estates at the expense of debtors by seeking to deny a bankruptcy exemption by claiming that the trustee “recovered” property of the estate. However, whether the Trustee can make such a claim depends on the facts of the case. The Bankruptcy Code, 11 U.S.C. § … Read More

Bankruptcy Law Attorney California

Jevic Supreme Court Opinion Declares Priority Skipping Bankruptcy Settlements to be Unlawful, Casting Doubt on Priority-Skipping Bankruptcy Surcharges Under 11 U.S.C. 506(c)

The Supreme Court’s 2017 ruling in Jevic declared unlawful priority-skipping structured dismissals in Chapter 11 bankruptcies. This ruling calls into doubt the use of priority-skipping surcharge carve-outs under 11 U.S.C. Section 506(c).

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

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