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Trial Court Must Determine Ownership Interest of Real Estate Owners Before Ordering Partition Sale

The California Court of Appeals recently reviewed a partition lawsuit involving joint owners of real estate. Summers v. Superior Court provides some insight into a partition action and how joint owners of real estate can dissolve a partnership. The case involved three owners of an investment property. The owners disagreed as to each owners' respective ownership interest. [...]

By | 2018-06-07T11:25:37+00:00 June 7th, 2018|Real Estate|Comments Off on Trial Court Must Determine Ownership Interest of Real Estate Owners Before Ordering Partition Sale

Forcing the Sale of Real Estate in a Probate

Recently, the California Court of Appeal reviewed a case that involved an executor in a probate estate filing a partition action involving real estate owned by the Decedent with another person. Pippins v. Jah reviews how an an executor of a probate estate can force the sale of real estate that is owned by a person [...]

By | 2018-04-19T19:19:38+00:00 April 19th, 2018|Real Estate|Comments Off on Forcing the Sale of Real Estate in a Probate

Material Misrepresentation Found in Failing to Disclose Actual Size of Commercial Building

The California Court of Appeal found there was no miscarriage of justice when the trial court found a misrepresentation occurred in a real estate transaction regarding the size of the property.  Hallett v. Khau provides some insight into a failure to disclose issue for a commercial property.  Here, Plaintiff, the Buyer, filed a lawsuit against [...]

By | 2018-04-16T14:37:20+00:00 April 16th, 2018|Real Estate|Comments Off on Material Misrepresentation Found in Failing to Disclose Actual Size of Commercial Building

Case Involving Sibling Dispute Discusses Scope of Attorneys’ Fees Clauses

The California Court of Appeal recently reviewed a case involving two siblings who operated a real estate partnership together for over twenty-five years. Johnson v. Johnson discusses the importance of attorneys' fees clauses in a partnership and the scope of these clauses during litigation. In 1982, Brother and Sister had equal interests in a partnership agreement that [...]

By | 2018-03-08T10:34:54+00:00 March 8th, 2018|Real Estate|Comments Off on Case Involving Sibling Dispute Discusses Scope of Attorneys’ Fees Clauses

Why Mediation Can Be Important in Real Estate Disputes

A recent California Appellate Court decision reviewed the provision in many California Association of Realtor form agreements that require mediation prior to filing any lawsuit in order for a prevailing party to receive attorneys' fees. Silver Horse Equities, LLC v. Ahmad displays why it's important for parties to read the agreement fully prior to filing any lawsuit. [...]

By | 2018-03-06T15:09:36+00:00 March 6th, 2018|Landlord-Tenant, Real Estate|Comments Off on Why Mediation Can Be Important in Real Estate Disputes

Holding Real Estate as Joint Tenants

Joint tenancy is a common method for owners of real estate to hold title together. A significant difference between holding title as tenancy in common or joint tenancy is that in a joint tenancy, when one owner dies, the surviving owner or owners acquire the deceased owner's share automatically. Joint tenancy can be one way [...]

By | 2017-12-02T02:58:42+00:00 November 20th, 2017|Real Estate|Comments Off on Holding Real Estate as Joint Tenants

Things to Consider When a Purchasing a Home to Someone You Are Not Married To

The Huffington Post recently ran an article "Read This Before You Buy a House With Someone You're Not Married To," and I would agree with many of the statements made in the article. It is important to note that engaged couples and couples cohabitating without being married risk not having the protections afforded by California's [...]

By | 2017-12-02T02:58:42+00:00 November 18th, 2017|Estate Planning, Real Estate|Comments Off on Things to Consider When a Purchasing a Home to Someone You Are Not Married To

The Heggstad Petition Explained

Recently, I have had to file a few Heggstad Petitions in order to help clients put real property into a revocable trust. A Heggstad Petition is necessary when a person creates a revocable trust but does not actually place any property into the trust. Generally, when you draft a revocable trust you should also draft [...]

By | 2017-12-02T02:58:42+00:00 November 17th, 2017|Estate Planning, Real Estate|Comments Off on The Heggstad Petition Explained

Gentrification in Boyle Heights

NBC recently wrote an article on gentrification in Boyle Heights. Most of Boyle Heights falls within the City of Los Angeles and many of the units would be subject to the Los Angeles Rent Stabilization Ordinance (the formal name of Los Angeles' rent control). The LARSO sets forth a variety of reasons that a landlord [...]

By | 2017-12-02T02:58:42+00:00 November 15th, 2017|Landlord-Tenant, Real Estate|Comments Off on Gentrification in Boyle Heights

Charlie Chaplin’s Cottage is Coming Back to Life

Hollywood filmmaker Charlie Chaplin built the Chaplin Court bungalows in the year 1923 on  North Formosa Avenue with the aim of providing a living place for crew and cast working at his studio that was a couple of blocks away. He also wanted to provide a place to stay for those who were just visiting [...]

By | 2017-12-02T02:58:42+00:00 February 17th, 2017|Real Estate|Comments Off on Charlie Chaplin’s Cottage is Coming Back to Life