How To Use This Section Of Our Website

by Robert Levy on January 23, 2013

If you have a question about Business Law or Real Estate, I just might have the answer right here on this site.

There are three ways to find the answer you’re looking for.

One, type your question in the search box located down and to the right.  Type your question and then click search.  Every question & answer I have on this site related to your question will then be shown for your review.

Two, review the categories shown down and to the right.

And three, if you have a legal issue related to Business Law or Real Estate Law, and wish to discuss in greater detail, call me at (510) 465-0025.

PARTITION ACTIONS AND RIGHT TO ACCOUNTING

by Robert Levy on November 4, 2014

As I have discussed in prior articles, a partition action is a lawsuit to force a co-owner of real property to sell the property. The primary issue in a partition action, however, is often not whether or not one party has the right to force another party to sell the property. Rather, it is what to do with the proceeds of the sale when one or more of the parties contends that they are owed monies as a result of inequities in the amounts received and paid by the owners of the property.

In California, in addition to deciding whether or not the property should be ordered sold, the Court also is charged with determining any accounting or contribution issues raised by any of the parties. What this means is first, if there have been any rents or profits collected by one of the owners of the property, but not by the other owner(s), should the other owner(s) be reimbursed for their share of the rents or profits collected by the other co-owner.

Additionally, if one of the parties paid more towards the purchase or maintenance of the property, the court will decide whether or not that owner has a right to contribution, which is the right to be reimbursed by the other co-owner’s of the property for their shares of those costs.

These types of issues are referred to as accounting issues. In dealing with accounting issues, the Court applies principles of equity, where the court decides what would be fair under the circumstances. It is often in the parties’ best interests, to attempt to resolve the accounting issues without the necessity of having to fully litigate the accounting issues, as those issues can be very costly to litigate. In addition to being document intensive, accountings will often require the use of one or more costly expert.

I regularly represent clients in partition actions throughout the Bay Area, and in the East Bay, California, in Oakland, California, and in Walnut Creek, California,. If you have questions, or need representation by a California real estate attorney involving a partition action, please feel free to contact me to discuss your case or to arrange for a consultation. I can be reached at (510) 465-0025 or (925) 708-3306.

ENFORCEABILITY OF COVENANTS NOT TO COMPETE

October 27, 2014

Covenants not to compete are agreements between two parties, where one party agrees not to engage in certain type of behavior that may compete with the other party. In California, the law strongly disfavors covenants not to compete. Unless one of the statutory exceptions to the rule prohibiting covenants not to compete applies, a covenant […]

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PARTIES’ DUTIES OF DISCLOSURE IN A REAL ESTATE SALES TRANSACTION

October 3, 2014

In California, sellers of real property have a very strong duty to disclose all material facts to the buyer that materially affect value or the desirability of the property; but only those material facts that are known or accessible only to the seller, and only if the seller knows that such facts are not known […]

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ENFORCING ORAL CONTRACTS IN CALIFORNIA

September 10, 2014

While businesses and consumers do often enter contractual agreements by written contract, it is not uncommon to enter certain contracts using a verbal agreement or oral contract. This is particularly common between two parties that have done business together in the past, where mutual trust has developed. Unfortunately, disputes do arise. However, just because an […]

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DEALING WITH REAL ESTATE CONTRACT DISPUTES IN CALIFORNIA

September 5, 2014

When entering a real estate sales transaction, the parties to the sale enter a contract for the sale of the real estate. In California, real estate sales contracts are typically entered on “form” contracts. In the residential setting, the California Association of Realtors (“CAR”) form is most commonly utilized. In the commercial setting, an AIR […]

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REMOVING, RELEASING OR EXPUNGING MECHANIC’S LIENS IN CALIFORNIA

August 28, 2014

A mechanic’s lien is a lien that contractors, sub-contractors, laborers, material suppliers, and design professionals may record against real estate as a first step in enforcing the property owner’s obligation to pay for those services or materials. In California, once a mechanic’s lien is recorded against the property, the lienor can then commence a legal […]

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QUIET TITLE ACTIONS IN CALIFORNIA

August 15, 2014

In California, a Quiet Title Action is typically used as an action by an owner of real property to confirm their title to the property, and at times, to refute another person’s claims to title to or liens against the property. Typically you see quiet title actions when one party wants to confirm their title […]

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HOW DO I EXPUNGE A LIS PENDENS- GET A LIS PENDENS REMOVED FROM TITLE ON MY PROPERTY?

July 28, 2014

In California a lis pendens is created when a Plaintiff in a lawsuit records a Notice of Pendency of Action against a Defendant’s real property. The recording of the lis pendens causes a lien to be placed against the property and generally prevents the owner of the property from selling or encumbering (borrowing against) the […]

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RESOLVING PARTITION ACTIONS AND AVOIDING PARTITION ACTIONS

July 18, 2014

As I have discussed in the prior article Partition Actions, a partition action is a lawsuit filed by one owner of real estate against a co-owner in the same piece of real estate to force the sale of the property or a potion of the property. In California it is a rare instance when a […]

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ADR (ALTERNATIVE DISPUTE RESOLUTION) AND MEDIATION

June 11, 2014

Back in the day when my father practiced law, which was quite some time ago, if a dispute between parties escalated to the point of a lawsuit, most cases proceeded to trial (a lot quicker than they do now), and the case was resolved by the court after making a decision at the conclusion of […]

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