Real Property eNews

Trusts are an important way to set out one’s wishes for how and when you want to transfer assets like property. While trusts usually are set up as written contracts, other trusts can be enforced by the court, like resulting trusts and constructive trusts. These types of trusts are involuntary, meaning a court imposes them as a remedy to prevent an inequitable result, when property is wrongfully taken or transferred. (Kenneally v. Bank of Nova Scotia (2010) 711 F.Supp.2d 1174, 1190.) A resulting trust may arise where the transferor did not want the transferee to have a beneficial interest in the property. A constructive trust is used by the court to prevent unjust enrichment. Read more

Penal Code Section 396 discusses overpricing of goods and services following state of emergency or major disaster. Fire is included as an emergency under the Code section.  The Code explains: Read more

Kaur v. Dual Arch International (2024) _ Cal.App.5th _, 2024 WL 5082546: The Court of Appeal reversed the trial court’s order granting defendant Dual Arch International, Read more

By Underwood Law Firm Yes. Child support liens attach to real estate in California both voluntarily and involuntarily. Liens are effectively a public notice of outstanding claims against your property. In the case of child support, a custodial parent can place a lien against the non-custodial parent’s property when they fail to make court ordered payments. Child support liens last until the non-custodial parent resolves their debt by payment in full.  What is a Lien? Non-custodial parents in California pay… Read more

By:   J.J. Sherman, Law Offices of J.J. Sherman, P.C.            Jessie Staley, St. John’s University School of Law Effective January 1, 2025, California Senate Bill 1103 sets new rules for commercial leases with “qualified commercial tenants.”  While the new law affects only a fraction of California commercial leases, it imposes significant obligations on landlords who have commercial leases with “qualified commercial tenants.”1 1. Who's a “qualified commercial tenant”? Under CA SB 1103, a “Qualified commercial tenant” means a tenant of commercial… Read more

By:  Monty A. McIntyre, Esq. Monty A. McIntyre, Esq.Helping Attorneys Get Excellent Results Publisher: California Case Summaries™:California Case Summaries™: the fast and easy way to always know the new cases in your practice areas to get a competitive advantage and win more cases.  Mediator, Arbitrator & Referee at ADR Services, Inc.:Business, employment, insurance, probate, real property and torts cases. To schedule, contact one of Monty’s case managers Haward Cho, haward@adrservices.com, (213) 683-1600, or Rachael Boughan, rboughan@adrservices.com, (619) 233-1323.  Trial Mentoring™:  Trial training and preparation. Email Monty at: monty@montymcintyre.com.… Read more

By Underwood Law Firm A trust set up for property gives beneficiaries a right to the property once the settlor has passed away. This means beneficiaries may become co-owners. However, the trustee may also hold an interest in the property as well. If the trustee is a co-owner of the property, they can file a partition suit. This is important if you are interested in filing a partition suit either as a trustee or co-owner of a property where the… Read more

By J.J. Sherman, Law Offices of J.J. Sherman, P.C. Jessie Staley, St. John’s University School of Law What is a sustainability provision and why did my Landlord include it in my commercial lease? Green leasing is becoming increasingly commonplace in the commercial leasing market.   A Landlord may require its Tenants to use their leased premises both (a) in compliance with “green building” certifications that the Landlord seeks to obtain or to maintain, and (b) in compliance with state and local… Read more

By:  Monty A. McIntyre, Esq. Monty A. McIntyre, Esq.Helping Attorneys Get Excellent Results Publisher: California Case Summaries™:California Case Summaries™: the fast and easy way to always know the new cases in your practice areas to get a competitive advantage and win more cases.  Mediator, Arbitrator & Referee at ADR Services, Inc.:Business, employment, insurance, probate, real property and torts cases. To schedule, contact one of Monty’s case managers Haward Cho, haward@adrservices.com, (213) 683-1600, or Rachael Boughan, rboughan@adrservices.com, (619) 233-1323.  Trial Mentoring™:  Trial training and preparation. Email Monty at: monty@montymcintyre.com.… Read more

By Underwood Law Firm Property transfers often require documents showing the transfer to be notarized and recorded. This means the document is entered into the county recorder’s office and notarized to ensure the document is authentic. A signed document can be notarized via a jurat or an acknowledgment. The choice of method is left to the person signing. The purpose of this article is to explain the difference between a jurat and an acknowledgment. What is a jurat? A jurat… Read more