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. § 405.2. A party who asserts a claim against … Read More
Arbitration Agreements Govern a Wide Range of Disputes Arbitration agreements are becoming more and more prevalent in a wide range of contracts. For example, depending on the breadth of the arbitration clause governing the parties’ relationship, arbitration may be compelled in real estate litigation, business litigation, breach of contract actions, and business fraud actions. As such, … Read More
Recording a lis pendens has stringent requirement for formatting and service to ensure effectiveness. Free form lis pendens template.
Many times, when defendants are sued in California they file an answer alleging numerous boilerplate affirmative defenses with no supporting facts. Technically, this is improper, and these defenses may be subject to a motion to strike or demurrer under California law. The authorities below can be used in a motion to strike or demurrer seeking … Read More
Form Complaint for Partition in California If you co-own real estate in California, you know the headaches that can accompany the ownership of property by tenants-in-common or joint tenancy. Disputes often arise when owners disagree on the best use of the property. Perhaps one of the owners wants to sell, but the other one doesn’t … Read More
Tips to Filing a Motion to Set Aside a Default & Default Judgment in Bankruptcy Court (California, Ninth Circuit).
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
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.
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
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