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Mediation and Partnership Disputes: How to Prepare

May 12, 2020

Mediation is a form of alternative dispute resolution (ADR) that emphasizes cooperative problem solving. It can be especially useful in resolving partnership disputes and shareholder disputes, in which the parties often have mutual interests. Mediation can be faster, less expensive, and less damaging than litigation. …

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Commercial Property: What Must be Shown to Sue for Real Estate Failure to Disclose?

March 2020

Property sellers have a duty to disclose certain information to their buyers. As explained by the California Department of Real Estate, there is a state statute in place that requires residential property sellers to include a Real Estate Transfer Disclosure Statement (TDS) as part of …

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Is Your Holdover Rent Legal?

February 2020

California Court of Appeal upholds holdover rent in AIR Lease form In Los Angeles commercial and industrial real estate, owners, tenants and attorneys often use the AIR Commercial Real Estate Association pre-printed form leases.  These form leases are thorough, fairly written and easy to use. …

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Cancellation of Instrument in California

January 2020

How do you get rid of a fraudulent deed of trust or other recorded document that clouds your title in California? As a real estate litigation attorney in Los Angeles, I come across situations where properties have a bogus or fraudulent deed of trust or …

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Forum Selection Clauses and Waiver of Jury Trial

January 2020

Los Angeles Real Estate Litigation Update:  California Court of Appeal Strikes Down a Lease Forum Selection Clause Which Includes a Waiver of Jury Trial Clause California leases often include a clause which states that, insofar as permitted by law, the parties waive a trial by …

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Is a Partition Lawsuit Right for My Dispute?

November 2019

Many times, a piece of property is owned by more than one person, and as co-owners all members must agree on how to use the property. What happens when co-owners of land disagree on what to do with the real estate? In these situations, it …

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Resulting Trusts: Explained

October 2019

When a trust is created, a settlor places property in a trust with the management of a trustee in order to benefit a beneficiary. But what happens when the trust fails, the entirety of the trust’s property is not distributed, or another situation arises in …

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