Scott Talkov, Author at Talkov Law Partition Attorneys

Coronavirus Lease Termination Letter Sample Form Contract Breach

Lease Termination Letter [Free Sample Template Coronavirus Force Majeure Frustration of Purpose Impracticability]

How to Write a Lease Termination Letter Early Lease Termination Due to Coronavirus Pandemic, Force Majeure, Frustration of Purpose, Impracticability of Performance, Impossibility of Performance Are you trying to terminate your lease without breaching a contract due to interruptions related to the Coronavirus (COVID-19) pandemic? Luckily, the Coronavirus pandemic has created a unique situation that … Read More

What is the Cost of Partition Action in California?

As partition attorneys in California, we are often asked about the cost of a partition action. Since attorneys are the largest cost, the real question is how much are the attorney’s fees for a partition lawsuit in California?

Talkov Law Prevails for Commercial Tenant: Court of Appeal Affirms Demurrer Sustained Without Leave to Amend Landlord’s Complaint

Continuing Nuisance Claims are Subject to Issue and Claim Preclusion

Real Estate Statute of Frauds Lawyer Attorney California Riverside Inland Empire Los Angeles Orange County San Diego

Lange v. Schilling – Refusal to Mediate Before Litigation Sacrifices Right to Attorney’s Fees in CAR Contracts

Lange v. Schilling (2008) 163 Cal.App.4th 1412 – Refusal to Mediate Before Litigation Sacrifices Right to Attorney’s Fees Under California Association of Realtors (CAR) Form Lease and Purchase and Sale Agreement Buyers, sellers, tenants and landlords should beware of filing a lawsuit before attempting to mediate under the CAR form purchase and sale and lease agreements. … Read More

Recovery of Offsets for Attorney's Fees Talkov Law

Partition Offsets and Accounting in California

Receiving Your Equity When Forcing the Sale of a Home in California When co-owners of shared property in California cannot agree on what to do with a property, they may petition the court to force the sale of the property through a partition action. Very often, co-ownership issues go hand-in-hand with financial issues related to … Read More

California Evidence Code 662 Requires Clear and Convincing Evidence of Real Property Ownership Contrary to Record Title

California Evidence Code Section 662 Clear and Convincing Evidence Standard in Partition and Quiet Title Ownership Disputes California Evidence Code Section 662 is a fundamental rule of California real estate law that prevents record owners from being subjected to meritless claims by others claiming to be the equitable owner. “According to the ‘form of title’ … Read More

Scott Talkov Selected by Super Lawyers as a Rising Star for Eighth Consecutive Year

Scott Talkov of Talkov Law has been selected to the 2020 Southern California Super Lawyers’ Rising Stars list. Receiving this award for the first time in 2013 as a fourth year attorney, this represents the eighth consecutive year that Scott has been selected for this honor. The 2020 list includes the top three real estate … Read More

11 U.S.C. § 362(c)(3)(A) – Circuit Split on Whether the Automatic Stay Ends as to Property of the Estate for Repeat Bankruptcy Debtors

Termination of the Stay for Serial Filers “With Respect to the Debtor” Under 11 U.S.C. § 362(c)(3)(A) Creates Circuit Split An exception exists under 11 U.S.C. § 362(c)(3)(A) to the automatic stay normally imposed in bankruptcy if another bankruptcy of “the debtor was pending within the preceding 1-year period but was dismissed,…the stay under subsection (a) with … Read More

Beware: CCP § 664.6 Settlement Must be Attached to Request for Dismissal Form for Court to Retain Jurisdiction

Mesa RHF Partners, L.P. v. City of L.A. (2019) 33 Cal.App.5th 913 Sets Forth Strict Requirements for Court to Retain Jurisdiction Under CCP § 664.6 Attorneys commonly believe that settlements calling for the court to retain jurisdiction automatically do so. However, strict compliance with Code of Civil Procedure § 664.6 is required for court to … Read More

Alter-Ego California Law Piercing Corporate Veil Attorney

Alter-Ego Liability for Commingling Under California Law

Piercing the Corporate Veil Under California Law Requires More than a Common Quickbooks Account Many California corporations and limited liability companies have only one owner, principal, shareholder or member. When creditors are unable to be paid from the entity, they often seek satisfaction of their claim from the owner, and often can find evidence of … Read More

Lease Termination Letter [Free Sample Template Coronavirus Force Majeure Frustration of Purpose Impracticability]

What is the Cost of Partition Action in California?

Talkov Law Prevails for Commercial Tenant: Court of Appeal Affirms Demurrer Sustained Without Leave to Amend Landlord’s Complaint

Lange v. Schilling – Refusal to Mediate Before Litigation Sacrifices Right to Attorney’s Fees in CAR Contracts

Partition Offsets and Accounting in California

California Evidence Code 662 Requires Clear and Convincing Evidence of Real Property Ownership Contrary to Record Title

Scott Talkov Selected by Super Lawyers as a Rising Star for Eighth Consecutive Year

11 U.S.C. § 362(c)(3)(A) – Circuit Split on Whether the Automatic Stay Ends as to Property of the Estate for Repeat Bankruptcy Debtors

Beware: CCP § 664.6 Settlement Must be Attached to Request for Dismissal Form for Court to Retain Jurisdiction

Alter-Ego Liability for Commingling Under California Law

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