People procrastinate. It’s in our nature. And, paradoxically, the bigger the project, the more we tend to put things off. This tendency becomes particularly problematic in the context of bringing a lawsuit in attempt to remedy harm that has befallen you at someone else’s hands. This is because all claims against third parties (in California and any other jurisdiction in …
Navigating the Complexities of Co-Ownership Disputes in Real Estate
Jointly owning property can be a cost-efficient and lucrative investment, but when disputes arise, it can quickly become a legal and financial challenge. Whether it is in the context of a shared vacation home, an investment property, or inherited real estate, co-ownership disagreements can be complex. Understanding the causes of disputes and your legal options can help you resolve these …
Piercing the Corporate Veil in California: What Business Owners Need to Know
In the realm of corporate law, the concept of limited liability is a cornerstone, providing a shield for shareholders against personal liability for the debts and obligations of the corporation. However, this protection is not absolute. Under certain circumstances, courts may “pierce the corporate veil” and hold shareholders personally liable. In California, courts have developed specific criteria for when this …
5 Reason that Early Mediation May Be Right For Your Legal Dispute
Legal disputes often bring stress, uncertainty, and the risk of costly court battles. While those who have not spent significant time in litigation often see it as a path to vindication and justice, the reality is that it is seldom an effective tool for that purpose and even more rarely an efficient one. Thus, it is not surprising that around …
The Cannabis Industry Isn’t Wearing Any Clothes! California Court of Appeal Exposes Tenuous Reality of “State Legalization”
As a litigator who has tried dozens of cannabis-related cases in the eight years since California voters legalized cannabis for adult use, yesterday’s decision by the California Court of Appeal in JCCrandall v. Santa Barbara immediately called to mind an image from one of my favorite childhood books. A young girl steps out from a throng of adoring subjects, points …
The Crucial Role of Standard of Review in California Civil Appeals
If you are considering appealing a decision from a California Superior Court in a civil case, it is essential to understand the concept of the standard of review. This legal principle dictates how the Court of Appeal will evaluate the decisions made by the trial court or jury. Misunderstanding or overlooking the standard by which the court will evaluate your …
Undue Influence in the Execution of a Deed in California
In California, the concept of undue influence plays a critical role in the execution of deeds, particularly in property transactions. Undue influence occurs when one party exerts excessive pressure on another, undermining their free will and resulting in an unfair transaction. This legal principle is especially pertinent in cases involving confidential relationships, where one party places significant trust in another. …
Riding the Wave: How and Why to Think About Settlement of Business Disputes
California’s real estate market continues to evolve, and with it, the types of legal disputes that arise. In California, business disputes are common. The difference between a favorable and unfavorable outcome to such a dispute can have a profound impact on your company. Business owners often see their companies’ very viability as turning on their ability to prevail in fights …
Recent Trends in California Real Estate Disputes: What You Need to Know
California’s real estate market continues to evolve, and with it, the types of legal disputes that arise. Understanding these trends can help property owners, investors, and developers navigate the market, anticipate challenges they may face, and avoid costly legal battles. Below are some of the key trends currently driving real estate disputes in California. Increased Litigation Over Defencient Disclosures One …