In California contract law, past consideration cannot form the basis of an enforceable contract. This principle plays a crucial role in real estate and partition disputes, where parties may attempt to retroactively classify a past financial transactionβsuch as a giftβas a secured loan. This is common in intra-family partitions and ex-boyfriend/ex-girlfriend partitions. Courts have repeatedly … Read More
Partition referees in California effectuate the court’s judgment that the property should be partitioned, which usually involves a sale of the property. Sometimes, partition referees are referees to as partition receivers, partition special masters, partition commissioners, partition administrators, or real estate referees. List of Partition Referees in California As the largest partition-only law firm in … Read More
What is a Lis Pendens (Notice of Pendency of Action) Under California Law? Formerly known as a βlis pendens,β 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. … Read More
What is a Lis Pendens? In essence, a lis pendens is a notice of pending litigation against a piece of real property. A lis pendens means a “notice of the pendency of an action in which a real property claim is alleged.” See Code Civ. Proc. Β§ 405.2. A party who asserts a claim against … Read More
Recording a lis pendens has stringent requirement for formatting and service to ensure effectiveness. Free form lis pendens template.
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.
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