real estate partition attorney in California Riverside Orange County Los Angeles Southern California

3 Ways to Win a Partition Action

How to Win a Partition Action in California A partition action is the only court process in California to end disputes when parties are co-owners of real estate. Under California Code of Civil Procedure § 872.210, so long as a partition is found to be appropriate, the court must divide the real estate equitably among … 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

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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