Talkov Law

Arbitration Agreements Govern a Wide Range of Disputes Arbitration agreements are becoming more and more prevalent in a wide range of contracts. For example, depending on the breadth of the arbitration clause governing the parties’ relationship, arbitration may be compelled in real estate litigation, commercial landlord-tenant disputes, real estate fraud cases, business litigation, breach of contract actions, and business fraud actions. As such, it is important to understand what…
What are the Laws for Building a Granny Flat, Accessory Dwelling Unit (“ADU”) or Junior Accessory Dwelling Unit (“JADU”) on my Property? As home prices rise, more people are turning to Granny Flats, ADUs, or JADUs for affordable, convenient housing in growing cities. A knowledgeable HOA attorney can help you better understand California law regarding these structures. Effective January 1, 2020, Civil Code Section 4751 now prohibits homeowners associations (otherwise known as HOAs), from prohibiting…
Everything You Need to Know About Temporary Emergency Child Custody Hearings and Orders in California Also known as an ex parte order, an emergency custody order is a type of temporary order. In some situations, a concerned parent may petition the family court for an emergency hearing to request a temporary order regarding custody or visitation rather than wait for the next available hearing date on the court’s regular calendar. Such hearings are limited to…
How Much Home Equity Can a Debtor Exempt in California Bankruptcy? As California bankruptcy attorneys, we are often asked how much equity a debtor can have in their home and still file for Chapter 7 bankruptcy? The answer is simple: anyone can file for bankruptcy, but it may not be wise to if the debtor’s exemptions do not cover their assets, also known as having exposed assets. These assets are exposed because they…
HOA Disputes in Los Angeles, Orange, San Diego, Riverside, Palm Springs, San Bernardino, & Silicon Valley Living in HOA community can provide a serene, suburban setting for many homeowners looking for peace of mind and security. However, disputes between homeowners and HOAs can happen at any time. An HOA attorney with experience in real estate law can help you better understand the types of HOA disputes that can arise and what to do about them.…
Preference Actions in Bankruptcy For a simple explanation of what a preference action in bankruptcy is, click here. A preference action is undertaken by the trustee or debtor in possession in either chapter 7 or chapter 11 bankruptcy. In some ways, it is similar to a fraudulent transfer or fraudulent conveyance proceeding in that it is an adversary proceeding intended to claw-back payments made by the debtor prior to filing the bankruptcy petition in order…
Preference Actions in Bankruptcy For a simple explanation of what a preference action in bankruptcy is, click here. A preference action is undertaken by the trustee or debtor in possession in either chapter 7 or chapter 11 bankruptcy. In some ways, it is similar to a fraudulent transfer or fraudulent conveyance proceeding in that it is an adversary proceeding intended to claw-back payments made by the debtor prior to filing the bankruptcy petition in order…
Preference Actions in Bankruptcy For a simple explanation of what a preference action in bankruptcy is, click here. A preference action is undertaken by the trustee or debtor in possession in either chapter 7 or chapter 11 bankruptcy. In some ways, it is similar to a fraudulent transfer or fraudulent conveyance proceeding in that it is an adversary proceeding intended to claw-back payments made by the debtor prior to filing the bankruptcy petition in order…
Preference Actions in Bankruptcy For a simple explanation of what a preference action in bankruptcy is, click here. A preference action is undertaken by the trustee or debtor in possession in either chapter 7 or chapter 11 bankruptcy. In some ways, it is similar to a fraudulent transfer or fraudulent conveyance proceeding in that it is an adversary proceeding intended to claw-back payments made by the debtor prior to filing the bankruptcy petition in order…
  The Statute of Limitations for Fraud and the Discovery Rule What constitutes fraud? What is the statute of limitations on fraud? What is an exception to the statute of limitations? What is the discovery rule? These are among a few of the many questions business fraud attorneys frequently get asked. An experienced business attorney helps clarify and answer questions regarding the discovery rule exception to the statute of limitations for fraud. Fraud vs. Intentional…