Real Estate & Business Attorneys
Looking at the CCP about Partition and the equitable powers of the court, the person paying the down payment should be reimbursed what they paid for the down payment before any distribution of the proceeds. In re Marriage of Leversee (1984) 156 Cal. App. 3d 891...
Often after a bank levy or eviction (unlawful detainer) lock out, the defendant files a motion for a stay or to be let back into possession. Code of Civil Procedure § 918 can only “stay the enforcement of an judgment or order”. There is nothing to stay after the...
In Marcus and Millichap Real Estate (April 30, 2018) G053953, a sympathetic Court reversed a ruling so that a once wealthy, but now poor Plaintiff who lost more than $2.8million by the defendants for elder abuse and breach of fiduciary duty, and after being in...
Code of Civil Procedure 1856(g) provides that parol (verbal) evidence to explain the circumstances under which the agreement, to which it relates, explain an extrinsic ambiguity or otherwise interpret the terms of the agreement, or to establish illegality or fraud....
Finally, a common sense ruling. After settling a class action lawsuit against temporary staffing agency, workers brought wage and hour putative class action raising identical claims against the client-company where they had been placed to work. The Court of Appeal...
The California Supreme Court changed the test to determine what is an independent contractor vs. employee to a new “ABC” test. The 2nd prong, is the tough one for employers. Dynamex Operations West, Inc. involved a trucking company which changed its policy from...
City of Los Angeles: Technically, short term rentals are currently illegal in Los Angeles. ( (Chen vs. Kraft (2016) LA is slow moving but in April 2018 the City Counsel committee approved a measure to allow short term rentals but CAP the number of days that a primary...
New Labor Code Section 218.17 (AB 1701) makes a general contractor jointly liable for the unpaid wages, fringe benefits, or other benefit payments or contributions of a subcontractor (at any tier). Labor Code 218.7 provides “down-the-chain protection” to a...
In denying a motion to quash an unlawful detainer summons, the trial court may not restrict a defendant’s responsive pleading to an answer. Van Butenschoen v. Flaker; Superior Court of California, County of Los Angeles – filed Oct. 16, 2017 Cite as 2017 S.O.S. 5258...
Here is a great chart of civil procedure and court rules compiled by Bill Makinney at Pillsbury. There are some additions , or “legal secrets” I could add, but I’ll save that for another day. California State Court Timing Chart-2015