Lis Pendens Form [Notice of Pendency of Action California]
Recording a lis pendens has stringent requirement for formatting and service to ensure effectiveness. Free form lis pendens template.
Partition by Sale vs. Partition In-Kind [California Real Estate]
How does a California Court decide Partition by Sale of Property Over Physical Division? One common dispute between co-owners is whether to partition the property by sale or physically divide the property, known as partition in kind. This article provides the advice of an experienced partition attorney in California on how courts decide between these two … Read More
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.
Boilerplate Affirmative Defenses: Motion to Strike & Demurrer [California Form Template Sample]
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
Partition Action Complaint California [Form Template Sample Free]
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
Buying Bankruptcy Property – 4 Tips for Investors [Real Estate, Houses]
Buying Bankruptcy Homes, Assets, Houses, Real Estate & Property from a Bankruptcy Court Many buyers of real estate know how to purchase a property using a Realtor or at a foreclosure auction, but there is considerable mystery about how to buy homes and other real estate out of bankruptcy. Indeed, a close review of bankruptcy … Read More
Motion to Set Aside Default & Judgment in Bankruptcy Adversary [Template Form Sample]
Tips to Filing a Motion to Set Aside a Default & Default Judgment in Bankruptcy Court (California, Ninth Circuit).
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
![Negligent Misrepresentation Elements in California [Defenses Definition CACI]](https://talkovlaw.com/wp-content/uploads/2020/08/Negligent-Misrepresentation-Elements-in-California.jpg)
Negligent Misrepresentation Elements in California [Defenses Definition CACI]
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
