Real Property eNews

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

By: J.J. Sherman, Law Offices of J.J. Sherman, P.C. and Jessie Staley, St. John’s University School of Law Below are some items to consider when negotiating the “Hazardous Materials” section in a commercial lease on behalf of either the landlord or the tenant.1 What are Hazardous Materials? Hazardous materials – also referred to in leases and this article as “hazardous substances” - generally include designated substances under federal and state environmental laws and substances that may not be classified under… 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:  Monty A. McIntyre, Esq.Monty A. McIntyre, Esq.Helping Attorneys Get Excellent ResultsPublisher: California Case Summaries™:California Case Summaries™: the fast and easy way to always know the new cases in your practice areas to 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.  Master Lawyer Mentoring™:  Trial training and preparation. For more information, call Monty… Read more

By Underwood Law Firm An Assembly bill applying to decedents’ estates was finalized on August 29, 2024. The bill will amend six sections of the Probate Code (Cal. Prob. Code § 13100-13101, 13150-13152, 13154) and repeal one section (Prob. Code § 13158). This is significant because it impacts how successors of decedents can manage a decedent’s real property. Specifically, this means real property in estates valued over $750,000, or that was not the primary residence, can no longer take advantage of… Read more

August 2024 By Underwood Law Firm The purpose of this article is to explain how a partition action could be brought in federal court. While it is possible to bring a partition action in a federal court, because of how state-specific partition statutes are, partition matters are usually handled in state courts. Generally, partition actions are governed by state statutes. Also, a claim for partition is usually resolved by equitable remedies, meaning the court follows equitable principles. (Elbert, Ltd. v. Federated Income… Read more

August 2024 Monty A. McIntyre, Esq.Helping Attorneys Get Excellent Results Publisher: California Case Summaries™:Monty publishes California Case Summaries™, with one-paragraph summaries, organized by legal topic, of every new civil case published each month, quarter and year in California, giving subscribers a competitive advantage and excellent results.Mediator, Arbitrator & Referee at ADR Services, Inc.:Monty handles matters in the areas of business, employment, insurance (bad faith, coverage, UIM), probate (trusts and estates), real property and torts (elder abuse, medical malpractice, personal injury, product liability and… Read more