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.

Before investing in investment real property, it is very important that you develop an asset protection strategy which accomplishes a number of goals, including, among other things, protecting your personal assets from any liability arising from the property (i.e., if someone gets injured at the property), and protecting the property from your personal creditors.

There are various decisions that need to be made when making these types of asset protection strategies, including how to hold title, whether personally, as a limited liability company, as a trust, or in some other capacity, as well as, in what state to form any type of LLC, etc.

These decisions are best made prior to or at the time of the purchase of the property. However, if you didn’t take care of it at the time of purchase, they can still be implemented after you have acquired the property.

Asset protection planning can end up being critical down the road in minimizing your personal liability, as well as protecting assets and wealth. I regularly represent clients in California throughout the Bay Area, and in the East Bay, California, in developing and implementing asset protection strategies when acquiring investment real property. If you have questions, or need assistance in developing and implementing an asset protection strategy from a California attorney, please feel free to contact me to arrange for a consultation at (510) 465-0025.

WHAT CAN I DO IN CALIFORNIA IF A PLAINTIFF HAS TAKEN MY DEFAULT IN A CIVIL LAWSUIT?

February 28, 2014

In California, as a general rule, defendants who have been served with a lawsuit, have 30 days to respond. If the defendant, after being properly served with the summons and complaint, fails to respond within that 30-day period, the plaintiff has a right to obtain a default in the lawsuit against that defendant. If a [...]

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WHAT CAN I DO IF I HAVE BEEN SUED IN A MERITLESS OR BASELESS LAWSUIT?

February 4, 2014

A question I hear often enough is “What can I do if I get sued in a lawsuit where the claims against me are meritless or baseless?” This happens because either the facts alleged in the lawsuit against you are untrue or the claims themselves are legally invalid. Unfortunately, as a general rule, even if [...]

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RIGHT TO AN ACCOUNTING IN PARTITION ACTIONS

January 21, 2014

A partition action is a lawsuit between co-owners of real property, where the plaintiff is attempting to have the Court force the sale of property which they own with another owner or owners. Partition actions are not, however, limited to obtaining the court’s Order to sell the property jointly owned. The Court has other equitable [...]

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WHAT IS THE STATUTE OF FRAUDS AND ARE ORAL OR VERBAL AGREEMENTS ENFORCEABLE?

January 16, 2014

So much of what we do in life and in business is done verbally. And it is not uncommon, and often typical, to enter a handshake deal, where you have agreed to enter agreements verbally or orally. This begs the question as to whether or not oral agreements are enforceable in California. The simple answer [...]

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WHAT CAN I DO WHEN I HAVE GIVEN TITLE TO A PROPERTY TO SOMEBODY I TRUSTED WHO LATER REFUSES TO GIVE TITLE BACK?

December 9, 2013

Sometimes the true owner of a property finds it necessary to obtain or transfer title to real property to a third party, usually somebody they trust, for a variety of reasons, the most prominent being, as a necessity to obtain financing to purchase the property. Occasionally, the trusted person later refuses, for whatever reason, to [...]

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IF I AM A SUBCONTRACTOR ON A PUBLIC WORKS CONTRACT AND NOT BEING PAID, WHAT CAN I DO TO GET PAID?

December 7, 2013

Subcontractors (and general contractors as well) sometimes find it very difficult to get paid on public works projects. It is not uncommon for many many months to go by after a subcontractor has completed work on a public works project, before the subcontractor gets paid. And when the subcontractor does get paid, it is not [...]

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What Is the Likely Outcome of a California Partition Action

November 14, 2013

A partition action is a lawsuit that a owner of property files against the other owners of the same property to compel the sale of the property.  To commence a partition action, the lawsuit (or complaint) is filed.  Then all owners of the properties are served with the lawsuit. The process can end shortly after [...]

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As a Plaintiff to a Lawsuit, Can I Obtain a Lien Against the Defendant’s Property Before I Obtain a Judgment?

October 4, 2013

In certain types of California lawsuits that involve commercial transactions, a plaintiff can apply to the Court and obtain a pre-judgement lien against the defendant’s property. A pre-judgment lien potentially locks up the defendant’s property until the case is over, which would preserve that property for enforcement of the plaintiff’s judgment in the lawsuit. Obtaining [...]

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Neighbor Property Disputes

August 3, 2013

Property disputes with your neighbor can be very troubling, particularly when you live in the property. They come in many varieties, ranging from simple tree issues to complex boundary and easement disputes, and even acquiring a neighbor’s property or a portion of their property using legal theories such as adverse possession and easements by prescription. [...]

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