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Average Award in Favor of Thomas P. Riley is a Tiny Fraction of Amount Demanded from Restaurants With Alleged Piracy of of Per View Boxing Events Cases Filed on Behalf of J & J Sports Prods., G & G Closed Circuit Events, Innovative Sports Mgmt., Joe Hand Promotions, Inc. Appear Less Productive Than Business Owners Are Led to Believe Small businesses have been hit hard by the pandemic. With bankruptcies and shut downs occurring at…
California Government Code sections 6008 is one of the two statutes, the second one being Government Code Section 6000,  that allow a publication to become adjudicated through a newspaper of general circulation attorney in California. This entitles the newspaper to publish legal advertising in its particular jurisdiction of adjudication. This article outlines the general parameters of these this statute. California Government Code Section 6008 Government Code Section 6008 provides: Notwithstanding any provision of law…
California Government Code sections 6000 is one of the two statutes, the second one being Government Code Section 6008,  that allow a publication to become adjudicated through a newspaper of general circulation attorney in California. This entitles the newspaper to publish legal advertising in its particular jurisdiction of adjudication. This article outlines the general parameters of the statute. California Government Code Section 6000 Government Code Section 6000 provides: A “newspaper of general circulation” is…
The California Appellate Court’s 2020 decision in Braithwaite (certified for publication on June 3, 2020, docket number B294228) affirmed a Los Angeles County Superior Court ruling that the Domestic Violence Prevention Act (DVPA) and Family Code § 6340, 6321, and 6324 authorize a court to order the restrained party to move out of property and allow the protected party to use and possess the property. Specifically, the Braithwaite court reasoned that, “While ownership of the…
Relocation of Minor Child – Test for the LaMusga Factors Weighed by California Courts Imagine this: your family law case is done.  You have your judgment with child custody and visitation provisions that you may or may not particularly like; but you can still sigh in relief, because the custody battle is over and you can finally move on from this litigation nightmare.  Just as you start to relax, regroup, and acclimate to your custodial…
How Much Does a Partition Action Cost in California? As partition attorneys in California, we are often asked about the cost of a partition action. Since attorneys are the largest cost, the real question is how much are the attorney’s fees for a partition lawsuit in California? The definition of a partition action (see California Code of Civil Procedure Section 872.210) is a lawsuit to divide real estate fairly among its co-owners. Since these…
Complaint for Cancellation of Lease / Contract Due to Coronavirus Pandemic Are you are trying to get out of your lease or otherwise breach and terminate a contract due to the Coronavirus (COVID-19) pandemic without damaging your credit score? Fortunately, the Coronavirus pandemic has created a seemingly unforeseeable situation that may be deemed by courts to be a force majeure (sometimes called an act of God), a frustration of purpose, or to give rise to…
Court Rules that Continuing Nuisance Claims are Subject to Issue and Claim Preclusion From Prior Litigation Talkov Law, a preeminent real estate and business law firm based in Riverside, California, has prevailed at the appellate court in affirming the trial court ruling sustaining a demurrer to a complaint without leave to amend. This ruling means that the lawsuit has come to an end with the plaintiff paying the attorney’s fees of the defendant at the…
What is Frustration of Purpose Under California Law? Has the Coronavirus pandemic created a frustration of purpose to a contract? The Coronavirus (COVID-19) pandemic has caused many contracting parties in California and elsewhere, including landlords, tenants, property owners and property managers, to ask if frustration of purpose may allow parties to avoid liability in part or in full. As Rutter explains: “This defense applies when performance is not impossible or impracticable, but has become pointless—i.e.,…
How To Evict a Tenant During the Coronavirus Pandemic For Violations of Public Health & Safety Under California Law While evictions for failure to pay rent are on hold during the Coronavirus (COVID-19) pandemic, unlawful detainers are still being heard in California courts when “necessary to protect public health and safety.” This rule under Rules of Court, Appendix 1, Emergency Rules related to COVID-19, Emergency Rule 1(b) (Unlawful Detainers) became effective in March 2020. That…