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Neighbors And Easements In Boundary Disputes

August 17, 2022

The Court of Appeals:  No to an Exclusive Implied Easement But Yes to an Exclusive Equitable Easement The California Court of Appeals has, it seems to me, muddled the law of boundaries and easements in their latest decision.  In Romero v. Shih (2022) 78 Cal.App.5th …

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Fraud: Failure to Disclose (Part II)

August 2014

In our prior post we outlined the new holding in Hoffman v. 162 North Wolfe LLC by the California Court of Appeal.  The court granted a motion for summary adjudication on a cross-complaint, holding that a property owner had no relationship with the purchaser of …

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Real Estate Litigation: Fraud and Failure to Disclose

August 2014

The California Courts of Appeal have issued a new case entitled Hoffman v. 162 North Wolfe LLC addressing a cross-complaint for fraud relating to a lawsuit over prescriptive easement rights.

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Supreme Court: Chemerinsky and Eastman Disagree on Everything

August 2014

Today I attended the Federalist Society’s annual Supreme Court round up. Professors Erwin Chemerinsky and John Eastman comment on the Supreme Court’s last term, moderated by Judge Sandra Ikuta of the Ninth Circuit Courts of Appeal.

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Business Litigation: Give Your Attorney Your Documents

August 2014

Business litigation attorneys surely deal with this issue on a constant basis: They are asked to analyze an important lawsuit against their client but are not given all of the client’s documents. Help your attorney. As soon as you retain an attorney, make an effort …

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Business Litigation: A Mediation Primer

August 2014

Mediation in business litigation is an attempt by the parties to settle their case through the use of a trained facilitator. Mediation differs from arbitration and trial in that there is no formal examination of witnesses or presentation of evidence. The mediator does not make …

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Partnership Litigation: Goals and Strategy

June 2014

Business litigation attorneys often hear a familiar refrain in partnership and corporate shareholder lawsuits: “I don’t care how much it costs!” Angry partners going through a business divorce are oftentimes more interested in revenge and total destruction of their erstwhile partner. After all the sense …

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