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Beneficiaries of a trust lost a challenge to the sale of trust property by the trustee. The trial court ordered them to pay the trust’s attorney fees and costs, making the beneficiaries personally liable. The Court of Appeal affirmed the award of attorney fees, but...
A homeowner who is an attorney accused a bank of violating Civil Code § 2923.6, subdivision (c) by foreclosing while his loan modification application was pending. The attorney did not pay his mortgage for eight years. The attorney sued the bank, and the bank’s...
While Code of Civil Procedure § 1717a bars attorneys fees if the cause of action is on a contract, look to Santisas v. Goodin (1998) 17 Cal.4th 599.In Santisas, attorney fees were awarded on a tort claim because the home purchase agreement attorney fee provision...
After the initial Statement of Information is filed within 90 days of forming the entity, a corporation (‘Inc.”) in California must file a Statement of Information form EVERY year Corps.C. § 1502(a)).A limited liability corporation (“LLC”) files EVERY OTHER YEAR...
Medical marijuana protection is unlikely under California fair housing laws. In Ross v. Ragingwire (2008) 42 Cal. 4th 920, the California Supreme Court held that the FEHA does not protect a fired employee who failed a drug test even though he was also a qualified...
Federal law states that a user of illegal drugs (under Federal law) will not be considered “an individual with a disability” for the purpose of the law (42 USC section 12210). The exclusion of the use of medical marijuana, even if in conformity with state law, will...
The lease must expressly prohibit the tenant from engaging in conduct that violates any law, that includes Federal law. I suggest delineating, “shall not violate any law, including but not limited to Federal, State, or local laws. Possessing, cultivating and using...
