Real Property eNews

Successful persuasive writing involves consideration of both the substance of your legal argument and of sentence-level writing techniques. There are several methods available to focus your reader’s attention so they accept your argument. These tips range from focusing or limiting the amount of information in a sentence, to overarching tonal shifts.   Read more

When it comes to real estate transactions, ensuring a clean and clear title is essential. However, what happens if a property is sold without a perfect title, only for the seller to acquire the missing rights or interests later? This scenario is where the After Acquired Title Doctrine comes into play. In this blog, we’ll discuss what this doctrine entails, its implications for buyers and sellers, and how it impacts real estate transactions. Read more

In every lawsuit, one of the biggest considerations is the cost. Frequently, clients are very eager to understand the amount that they will be required to pay to have their case resolved. After all, most people do not have a pot of money set aside for lawsuits, and are forced to eat into their savings to pay for an attorney to help with their legal problems. Even when attorneys’ fees are available for reimbursement, as they are in a partition action, the question of costs is always a significant question.  Read more

Lew-Williams v. Petrosian (2024) _ Cal.App.5th _ , 2024 WL 1404151: The Court of Appeal reversed the trial court’s order dismissing plaintiffs’ action, without prejudice, for failure to prosecute the case in arbitration after the trial court had granted a motion to compel arbitration. In April of 2020 plaintiffs filed their complaint alleging numerous causes of action, including conspiracy to convert and embezzle funds, financial elder abuse, and declaratory relief, breach of contract, negligence, bad faith, and unfair business practices. In July 2021, the trial court granted Read more

All legal writing is persuasive writing. Whether drafting a lawsuit, communicating with opposing counsel, or discussing strategies with a client, a lawyer’s writing must convince someone of something. A lawyer’s tools are the words, phrases, and sentence structure used to persuade a reader to reach the desired conclusion.   Read more

California Assembly Bill 2097 (AB 2097), signed by Governor Gavin Newsom on September 22, 2022, is a California state law that prohibits a public agency from imposing or enforcing any minimum automobile parking requirement on a residential, commercial or other development project located within one-half mile of a major transit stop. Read more

Before the owners receive the proceeds from a partition sale, costs and expenses related to the partition action must be paid. Code of Civil Procedure section 873.820 sets forth the order that these expenses and costs must paid before the owners receive their proportional interest in the remaining proceeds. Specifically, it states that the proceeds must be distributed in this order: Read more

Colyear v. Rolling Hills Community Assn. of Rancho Palos Verdes (2024) _ Cal.App.5th _ , 2024 WL 884814: The Court of Appeal affirmed in part, and reversed in part, the trial court’s judgment following a bench trial regarding plaintiff’s action to enjoin defendants (the homeowners association Read more

Beyond content, effective writing has a physical aspect: proper paragraphing. Paragraphing, which includes spacing and length, is a visual tool to understand your written argument. Similar to how intonation and volume emphasize points in verbal speech, breaks and lengths in paragraphs emphasize the pacing and flow of written words. Read more

By: J.J. Sherman, Law Offices of J.J. Sherman, P.C. and Myaysa Evans, St. John’s University School of Law Many property owners choose to forego traditional leases for short-term rentals, opting instead for license agreements. But what exactly is the difference, and how does it impact legal rights? A recent California Court of Appeal case, Castaic Studios LLC v. Wonderland Studios (2023)[1], sheds light on this issue. Leases vs. Licenses: Understanding the Distinction Leases and licenses are both legal agreements that… Read more