Mitigation of Damages Affirmative Defense to Breach of Lease & Contract in California Parties to contracts should be aware of the duty to mitigate damages by all parties, including landlords. This includes damages for unpaid rent that becomes due after the breach of a lease. This doctrine of mitigation of damages, often called a duty … Read More
![Negligent Misrepresentation Elements in California [Defenses Definition CACI]](https://talkovlaw.com/wp-content/uploads/2020/08/Negligent-Misrepresentation-Elements-in-California.jpg)
The Ultimate Guide to Bringing and Defeating Negligent Misrepresentation Claims in California Courts It is often said that a cause of action for fraud is easy to allege, but hard to prove. Perhaps the easiest form of fraud to allege is negligent misrepresentation. This makes it perhaps the most common form of fraud alleges by parties in litigation. However, a close … Read More
Formerly known as a “lis pendens,” a notice of pendency of action is a written document, recorded with the county recorder that provides constructive notice of a pending court action (i.e. a lawsuit) that affects title to, or possession of, real property.
Skilled Family Law Attorney Creates the Ultimate Child Custody Agreement and Reveals it for Free! Discover the Reliable and Convenient Template Today.
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
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?
Continuing Nuisance Claims are Subject to Issue and Claim Preclusion
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
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 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
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