Real Estate & Business Attorneys
The Courts may exclude evidence as a sanction as part of its inherent power to exclude evidence to cure violation of invasion of privacy and harassment (see Continental Ins. Co. v. Superior Court (1995) 32 Cal.App.4th 94, 107-108) This is based upon the concept...
A buyer purchasing after a foreclosure sale, can serve a notice to quit to a tenant/former owner before recording the deed, e.g. before title is “perfected”. Citing Code of Civil Procedure § 1161a and U.S. Financial, L.P. v. McLitus (2016) 6 Cal.App.5th Supp. 1, the...
The Department of Business Oversight maintains a handy list of names of banks in California and where to serve them. Go to http://www.dbo.ca.gov/Laws_&_Regs/legislation/service_of_legal_process/
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...
A common question is how to count the days referred to in the Real Estate Purchase Agreement and related CAR (Calif. Assoc. of Real Estate) forms. In October 2016 CAR published a concise article on this in their magazine. In essence the CAR attorneys confirmed that...
While Commercial Code 3118(a) provides for a 6 year statute of limitations which can apply to a promissory note (9-109(a)(3). The key is this ONLY applies to a negotiable instrument (Comm. Code §3102) So, you have to make sure your promissory note falls under the...
Lender counsel (e.g. debt collectors) often argue a guarantor debtor has no defense as they waived all defenses. That is not true. See California Bank and Trust v. Thomas Del Ponti (2014) 232 Cal.App. 4th 162. The court held Civil Code §2856 ONLY waives those...
This is a technical giving the judge discretion. Code of Civil Procedure § 430.40 states: (a) A person against whom a complaint or cross-complaint has been filed may, within 30 days after service of the complaint or cross-complaint, demur to the complaint or...
In business and real estate litigation demurrers help clean up cases. When motions/demurrers were scheduled 6 months or more out Rule 3.1320(d) did not matter. But now with the new pay the filing fee when you reserve a hearing date rule, the calendars have opened up...
The new Code of Civil Procedure §430.41 requires the parties to discuss at least 5 days before filing a demurrer the reasons why the demurring party believes the pleading is defective. A declaration must also be attached to the filed demurrer showing compliance with...