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

coronavirus negligent transmission civil liability

Coronavirus Negligent Transmission Lawsuits Have Become the Next Big Thing

Can You Sue Someone for Transmitting Coronavirus? California Supreme Court seems to suggest negligence cause of action is possible. UPDATE March 9, 2020: Princess Cruise Line gets hit with lawsuit for exposing passengers to Coronavirus (Source: TMZ). With Coronavirus transmissions on the rise, lawyers will start asking whether someone can be sued for negligently transmitting … 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

Lange v. Schilling - Attorneys Fees - Mediation Before Litigation

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 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

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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

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