Transferring Real Property with a Judgment Lien – CCP § 697.390
While a judgment remains on property after it is transferred in California, there are various methods to sell property without the lien, or to terminate the lien entirely.
Attorney Scott Talkov Provides Expert Opinion in UCR School of Public Policy Podcast
The University of California, Riverside School of Public Policy reached out to lawyer Scott Talkov to join a discussion on the options and resources available to students who wish to terminate their leases due to COVID-19. The pandemic has forced the majority of universities nationwide to close off their campuses and re-open their studies online … Read More
Cash for Keys Offer & Agreement [Letter Form Template Sample]
Cash for Keys Offer Letter & Cash for Keys Agreement Given our current economic conditions and legal constraints, many landlords are unable to effectively proceed with an unlawful detainer (eviction) while many renters are undergoing financial distress that causes them to be unable to move or pay rent. Many landlords have decided to offer cash … Read More
Mitigation of Damages in Breach of Lease & Contract [California Definition Green v. Smith]
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
Child Custody Agreement Free Template California [Joint Custody Form Stipulation Example]
Skilled Family Law Attorney Creates the Ultimate Child Custody Agreement and Reveals it for Free! Discover the Reliable and Convenient Template Today.
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
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
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
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
Escrows Can Be Negligent, Even While Following Escrow Instructions
California escrows perform an important role in modern real estate and business transactions. While escrow holders are not exempt from negligence, many escrows have made such an argument, contending that they cannot commit negligence so long as they follow the escrow instructions. One court summarily rejected the arguments of a “malfeasant escrow holder [that attempted] to … Read More
