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“Boundary by Agreement” Doctrine Applies Only In Very Limited Circumstances 16 Sep 2012 | 03:25 am
Normally, boundary disputes between neighbors are resolved by a survey to establish the location property lines contained in a deed. However, under certain circumstances, a neighbor may show that the...
Buy Out Payment To Departing Partner Not Subject To Forced Sale Discount 14 Aug 2011 | 12:59 pm
In the absence of a partnership agreement to the contrary, a partner who departs an ongoing partnership is entitled to have the partnership buy out his or her interest. In Rappaport v. Gelfand, the C...
A California Partnership Ceases To Exist Without Two Or More Partners 11 Aug 2011 | 04:37 pm
Occasionally a court decision seems so obvious that it is difficult to understand why the issue was disputed. In Corrales v. Corrales, the California Court of Appeal held that a partnership cannot ex...
Licensed Contractor’s Use Of Incorrect Fictitious Business Name Did Not Bar Claim For Payment 28 Jun 2011 | 06:04 pm
California law precludes actions by unlicensed contractors to recover payment for services as a contractor. In Ball v. Steadfast-BLK, the California Court of Appeal ruled that the law did not prevent...
Licensed Contractor’s Use Of Incorrect Fictitious Business Name Did Not Bar Claim For Payment 28 Jun 2011 | 11:04 am
California law precludes actions by unlicensed contractors to recover payment for services as a contractor. In Ball v. Steadfast-BLK, the California Court of Appeal ruled that the law did not prevent...
A Defendant May Recover Its Attorneys’ Fees Incurred Defending Frivolous Civil Rights Claims 27 Jun 2011 | 03:34 pm
Federal law generally permits a plaintiff who successfully pursues a civil rights claim to recover his or her attorneys’ fees. A successful defendant, however, is typically only entitled to recover i...
Arbitration Clause In Trust Document Not Enforceable Against Beneficiaries 16 May 2011 | 04:21 pm
Beneficiaries cannot be bound by an arbitration clause in testamentary trust documents. In Diaz v. Bukey, the California Court of Appeal affirmed a probate court ruling that denied a trustee’s motion ...
Personal Privacy Protection in Freedom Of Information Act Does Not Apply to Corporations 3 Mar 2011 | 08:43 am
Courts are often asked to determine whether certain rights that clearly apply to individuals also apply to entities (corporations, limited liability companies, etc.) In a recent decision, Federal Com...
Landlord May Not Recover Cost Of Repairing Damage To Leased Property Without Terminating Lease 27 Feb 2011 | 10:50 pm
A commercial tenant is typically obligated by its lease to maintain and repair the leased property. If a tenant breaches those obligations, the landlord may notify the tenant of a default in the term...
Lessor’s Conduct May Result in Waiver of Leases of No-Waiver Clause 27 Feb 2011 | 09:16 am
Most commercial leases contain a clause stating that the landlord’s acceptance of less than full performance by the tenant does not constitute a waiver of the landlord’s right to demand full perfomanc...
