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

Real Estate, Bankruptcy, Family Law, Business Lawyer Attorney in Riverside Orange County Los Angeles

Attorney Scott Talkov Provides Expert Opinion in UCR School of Public Policy Podcast

The University of California, Riverside School of Public Policy reached out to lawyer Scott Talkov to join a discussion on the options and resources available to students who wish to terminate their leases due to COVID-19. The pandemic has forced the majority of universities nationwide to close off their campuses and re-open their studies online … Read More

New California Homestead Exemption Bankruptcy AB 1885 SB 832 2020

AB 1885 Increased Homestead Exemption Law California [Bankruptcy 2020 SB 832]

AB 1885 Signed by Governor Newsom on September 18, 2020 New California Homestead Exemption Amount (2020) Signed by Governor Gavin Newsom on September 18, 2020, AB 1885 will become effective January 1, 2021. This was noted by Gov. Newsom in an unrelated press release, which provides that: “The Governor also announced today that he has … Read More

Partition Action Complaint California Form Template Sample Free

Partition Action Complaint California [Form Template Sample Free]

Form Complaint for Partition by Sale in California If you co-own real estate in California, you know the headaches that can accompany the ownership of property by tenants-in-common or joint tenancy. Disputes often arise when owners disagree on the best use of the property. Perhaps f the owners wants to sell, but the other one … Read More

Sanctions for Violations of the Automatic Stay in Bankruptcy 11 U.S.C. 362(k)(1)

Buying Bankruptcy Property – 4 Tips for Investors [Real Estate, Houses]

Buying Bankruptcy Homes, Assets, Houses, Real Estate & Property from a Bankruptcy Court Many buyers of real estate know how to purchase a property using a Realtor or at a foreclosure auction, but there is considerable mystery about how to buy homes and other real estate out of bankruptcy. Indeed, a close review of bankruptcy … Read More

Cash for Keys Offer Agreement Letter Form Template Sample

Cash for Keys Offer & Agreement [Letter Form Template Sample]

Cash for Keys Offer Letter & Cash for Keys Agreement Given our current economic conditions and legal constraints, many landlords are unable to effectively proceed with an unlawful detainer (eviction) while many tenants are undergoing financial distress that causes them to be unable to move or pay rent. Many landlords have decided to offer cash … Read More

Damages Trees California Law Code Civil Procedure 733 Civil Code 3346

Damage to Trees Under California Law [Code of Civil Procedure § 733 & Civil Code § 3346]

How to Measure the Damage to Trees in California One of the heavily litigated issues when a party negligently or intentionally damages trees in California is the measure of damages. As explained below, the rules are complex and give rise to numerous affirmative defenses that require the careful analysis of a real estate lawyer in … Read More

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, including landlords and tenants, 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, … 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

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