In California real estate Partition actions, Courts are able to award reasonable attorney fees “incurred or paid by a party for the common benefit.” CCP §874.040. This applies even in contested partition suits. It is all in the court’s discretion – fees incurred by a defendant to a partition action…
Notes and Deeds of Trust are often assigned to different parties. The question posed is what happens if the Deed of Trust alone is assigned? A typical assignment of the Deed of Trust alone will purport to assign “all beneficial interest under that certain Deed of Trust dated xyz..” But…
A corporate merger is when two corporations combine to become a single firm. There are several types of mergers, including those where both corporations still exist after the merger. One type is a Triangular Merger. In this, the acquired corporation continues in existence as a wholly-owned subsidiary of the acquirer…
A license in real estate is permission to use real estate based on express or implied permission of the real property owner. It may be written or oral, or implied. Generally, it can be revoked at any time and does not give the licensee an interest in the property. It…
Parties in real estate lawsuits in California can enter formal settlement agreements, which become enforceable by the court under Code of Civ. Proc. Section 664.6. A judgment may be entered, but the court retains jurisdiction to enforce the agreement without the necessity of filing a new lawsuit. The trial court…
An easement in California is a right to use someone’s property which right is something less than a full right of ownership. The right of use of an easement is restricted to that in the original grant of easement, and a common problem occurs when the easement user changes, which…
Parties often hold title to California real estate as joint tenants. On the death of one, the other succeeds to 100% of the title to the property. Thus joint tenancy is often used as a will substitute. When married couples holding property as joint tenants split up, they usually seek…
If a corporation fails to pay its franchise tax, the “powers, rights and privileges” of the California corporation may be suspended and those of a foreign corporation to do intrastate business in California may be forfeited. (Rev.C. 23301) The corporation cannot sue, defend, or appeal from an adverse decision. Every…
A “holdover tenant” is a tenant who remains on the premises after the end of the term of the lease. In most commercial real estate leases there is a holdover provision, which states that the leasehold continues on a month-to-month basis. The lease usually provides that the month to month…
Generally speaking, whenever California real property is transferred, the County Assessor may reassess the property to establish base value for property tax purposes. There are limits as to how much the value may increase every year due to changes in the market. However, when the property is sold, it may…