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LIS PENDENS (“A SUIT PENDING”) AND THE PERILS OF NOT MEETING THE “REAL PROPERTY CLAIM” REQUIREMENT
[vc_row][vc_column][vc_column_text]LIS PENDENS (“A SUIT PENDING”) AND THE PERILS OF NOT MEETING THE “REAL PROPERTY CLAIM” REQUIREMENT A notice of pendency of action or lis pendens is a statutory procedure designed to give constructive notice of a lawsuit affecting real property. (Civ. Pro. C. § 405.2 et seq.) The recording of this notice is privileged if properly recorded. However, no privilege exists...
Read MoreShhh…Quiet, Title! When “Ancient” Mortgages or Deeds of Trust Come Back to Haunt You
Shhh…Quiet, Title! When “Ancient” Mortgages or Deeds of Trust Come Back to Haunt You Often property owners believe that old mortgages, deeds of trust or other instruments creating a security interest in real property to secure a debt simply go away on their own with time. While this is partially true, an “ignore it and it will go away” mentality...
Read MoreCOMPLIANCE WITH IMMIGRATION LAWS IS NOT JUST FOR THOSE EMPLOYERS HIRING FOREIGN EMPLOYEES
COMPLIANCE WITH IMMIGRATION LAWS IS NOT JUST FOR THOSE EMPLOYERS HIRING FOREIGN EMPLOYEES Immigration law overlaps with many other areas of law, including business, real property, family, criminal and employment law. In the employment arena there is a dangerous assumption that only those who hire foreign workers are subject to immigration laws. This assumption is not only incorrect, but it...
Read MoreGIVE ME MY STUFF BACK! – HAS A CREDITOR VIOLATED THE AUTOMATIC STAY BY REFUSING TO RETURN YOUR PROPERTY AFTER YOU FILED FOR BANKRUPTCY?
GIVE ME MY STUFF BACK! – HAS A CREDITOR VIOLATED THE AUTOMATIC STAY BY REFUSING TO RETURN YOUR PROPERTY AFTER YOU FILED FOR BANKRUPTCY? This very question was recently addressed by the United States Supreme Court in a case entitled City of Chicago, Illinois v. Fulton, 592 U. S. ____ (2021), 140 S.Ct. 680 (2021). In this case, the Supreme...
Read MoreMore Support for Policyholders Seeking Coverage for Pandemic Losses
More Support for Policyholders Seeking Coverage for Pandemic Losses A recent decision in a California State Court action provides further encouragement for businesses seeking insurance coverage for losses sustained due to a pandemic-related shut down. In the case of Boardwalk Ventures CA, LLC v. Century-National Insurance Company, a Los Angeles trial court denied the insurance company’s motion for judgment on...
Read MoreMy Commercial Tenant Won’t Pay Their Rent! Can I Evict Them?
My Commercial Tenant Won’t Pay Their Rent! Can I Evict Them? On or about September 2020, California Governor Gavin Newsom signed into law Assembly Bill (“AB”) 3088. AB 3088 forestalls evictions of California residential tenants who have suffered financial hardships resulting from the COVID-19 Pandemic but does not forgive or cancel a tenant’s obligation to pay rent, or back rent owed....
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