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California Partition and Eminent Domain Law Blog
Latest from California Partition and Eminent Domain Law Blog - Page 3
The LLC Buyout Procedure (Corp. Code § 17707.03)
The statutory LLC buyout is a special remedy designed for lawsuits seeking to dissolve LLCs. After members of the entity sue to dissolve the business, the other members (all of them or some of them) have the statutory ability to avoid dissolution by buying out the membership interests of these “moving parties.”
However, problems…
Valuing Shares in a Corporate or LLC Buyout
When business entities become subject to internal dissension, it’s not uncommon for several members to approach the court system and seek to dissolve the entity. Often, this is in the best interest of all involved.
Sometimes, however, the other members, shareholders, or partners, do not want to let the business go. They feel it can…
The 2024 Updates to the Civil Discovery Act (SB 235)
In almost all civil litigation in California, a major issue is the formal process of exchanging information and documents that address claims or defenses in dispute between the parties. In this system, discovery is “self-executing.” That means that no party to the lawsuit has any obligation to provide any information, unless requested through the formal…
Title Insurance in Real Estate Litigation
Before undertaking litigation over real estate in California, title insurance can help to provide clarity as to important ownership questions. Title insurance is not just nice to have, in many instances, the law specifically envisions that the parties will obtain a title report of some type. For example, the Partition Law specifically envisions that the…
A Primer on Depositing Money Into Court (CCP § 572-573)
Under certain special circumstances, money can be deposited with the court to safeguard during lawsuits under Code of Civil Procedure sections 572 and 573. The justification for such a rule is that, if the court doesn’t protect the money, the other party may spend it, rendering a plaintiff’s victory somewhat hollow.
However, there are several…
The Complete Guide to the Partition of Real Property Act (Part 5)
What if parties do not appear in a lawsuit requesting partition in kind under the Partition of Real Property Act?
Just as there are special provisions for defaulting parties with partitions by sale, so too are there unique rules where some defendants fail to appear in a partition in kind action.
The text of…
Failed Deeds in Contemplation of Marriage
It is an unfortunate fact that many marriages don’t make it out of the engagement stage. While this can be a difficult time for all involved, the situation can only become more dire when real property is involved.
Commonly, one owner of real property will add their partner to the house’s title shortly before the…
The Complete Guide to the Partition of Real Property Act (Part 4)
This is a continuation of our ongoing series on the Complete Guide to the Partition of Real Property Act. For complete comprehension, we would suggest starting from the beginning.
As a quick summary, the Partition of Real Property Act is a law specific to California, passed in July 2022. (Stats 2022 Ch. 82 § 3…
How Does a Lender Respond to a Partition Action (Civ. Code § 2924l) [With Form]
A declaration of non-monetary status is a special type of court filing reserved for trustees under a deed of trust. These trustees have limited powers, but are often named as defendants in lawsuits by plaintiffs seeking to ensure proper joinder.
Of course, being named in a complaint carries with it several responsibilities, chief among…