How Does Business Escrow Work in California?
In a purchase transaction, an escrow arrangement is usually used to protect both the buyer and seller. The escrow agent’s responsibility is to ensure that the funds and property involved in a transaction are being exchanged as agreed, based on certain pre-agreed conditions. The escrow agreement’s main objective
Breach of Fiduciary Duty California
A breach of fiduciary duty in California happens when an individual or entity is in a position of trust and fails to act in their client’s best interests. In California, the responsibility for proving a breach of fiduciary duty falls on the plaintiff (i.e. beneficiary, ward, advisee, client).
Construction Defect Claims in California: Understanding Your Options
Construction defect laws in California can be somewhat confusing, especially to homeowners new to the process. The original California New Home Warranty law that was added to the state code is there to protect homeowners. However, another law commonly referred to as SB800 requires a specific pre-litigation process
Joint Property Ownership Disputes in California
Joint property ownership in California is when two or more people own a property together. Each joint owner holds an equal stake in the property. This stake comes with both rights and responsibilities. Unfortunately, joint property ownership outside of marriage often results in disputes, even when joint owners
Statute of Frauds in California: Examples of Breach of Contract
The Statute of Frauds in California is a section of the state civil code that details when a contract must be in writing, as well as what a written agreement must include. This statute requires most contracts to be in writing to be valid, with only a few
Tenancy in Common in California: Types of Co-Ownership
Many people confuse joint tenancy with tenancy in common in California. These are sometimes referred to as joint interest or interest in common in relation to real property. A tenancy in common agreement can be an important estate planning tool. Here are the differences between joint interest and
Lis Pendens in California: Critical Do’s & Don’ts
Lis Pendens under California law is a Notice of Pendency Action that is filed with the county recorder when there is a lawsuit affecting the title of real property. While not all litigation involving real property claims require lis pendens to be filed, it is accepted as long
Intestate Succession in California: Everything You Need to Know
Intestate Succession is a probate process used to distribute property and assets when there is no will on record in California, or when assets and property have not been assigned in the will on file. When you die without a will, some or all of your assets will
Non-Compete Agreements in California
Non-compete agreements (or NCAs) are only legal in specific circumstances in the state of California. In March of 2022, Attorney General Bonta sent out an official press release reminding employers and workers that workers can not be required to sign a non-compete agreement, nor can they be required
