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Cancellation of Instrument in California

January 28, 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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Recent Blog Posts

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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Good Fences, Bad Neighbors?

September 2019

Real Estate Lawsuits Between Neighbors Over Fences and Walls Los Angeles real estate lawyers know that on January 1, 2014, California’s Civil Code section 841 went into effect.  The dry name of the Code section is called “Maintenance of boundaries, monuments, and fences; responsibilities of …

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Los Angeles Real Estate Lawsuits: Partition versus Partnership Dissolution

September 2019

As Los Angeles real estate litigation attorneys we are often called upon to help clients untangle a messy “partnership” dispute. But when clients call with a “partnership” issue they can be referring to a variety of different situations. What we commonly refer to as partners …

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Easements and Quiet Title Issues in Los Angeles Real Estate Lawsuits

August 2019

Can a trial court find an equitable easement (and a prescriptive easement) just based on what is feels is important and equitable?  California’s Court of Appeal says no. A trial court must determine that all of the elements required for an equitable easement were met …

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