Talkov Law

Top 100 Legal Blog Award for Talkov Law Feedspot recently announced its list of the Top 100 Legal Blogs, Websites & Influencers in 2021 for Lawyers and Law Students. Talkov Law secured its place as the #54 legal blog in the world alongside such notable blogs as Above the Law blog, SCOTUSBlog, and the ABA Journal blog. Feedspot collects content from websites around the world into one place, making it easier than ever…
Fraudulent Misrepresentation Under California Law Experienced business fraud and real estate fraud attorneys in California are regularly called upon to determine whether a case involves actionable fraudulent misrepresentation under California law. To answer this question, it is important to review the elements, examples, cases, and defenses applicable to fraudulent misrepresentation in California courts. Elements of Fraudulent Misrepresentation in California Under California law, to establish a claim for fraudulent misrepresentation, the plaintiff must prove: The defendant…
Newspaper in Languages Besides English Qualify as Newspapers of General Circulation In California, official legal notices and legal advertising can be published only in a newspaper of general circulation adjudicated by a court of law. Whether a publication chooses to seek adjudication as a newspaper under the traditional criteria of Government Code Section 6000 or the alternative criteria of Government Code Section 6008, the publisher would be wise to choose an attorney skilled in this…
Requirements for Alleging Fraud in Federal & Bankruptcy Court Because “fraud is a serious charge, easy to allege and hard to prove” (In re Doctors Hosp. of Hyde Park, Inc., 308 B.R. 311, 322 (Bankr. N.D. Ill. 2004)), Federal Rules of Civil Procedure Rule 9(b) imposes the requirement on plaintiffs to allege fraud with particularity in federal court, which includes bankruptcy court. Defendants are wisely advised to bring any vague allegations of fraud…
Tips and Tricks to Choose the Best Family Law Attorney for Your Custody Case Finding a family law attorney for your child custody case is not hard. Finding the right family law attorney for you and your child custody can be a bit trickier. Just because Google says a particular custody attorney is the “best child custody lawyer near me” doesn’t mean that attorney will be a great match for you. Choosing the…
What is the Difference Between Adoption and Guardianship of a Child in California? Many people confuse adoption and guardianship because they share some similar characteristics. Most important of these is that both processes have the same goal: providing a stable environment for a child. Adoptive parents and legal guardians are both responsible for meeting the basic needs of the child, loving and supporting them, making sure they are fed and clothed, etc. Adoption and guardianship…
Conservatorship Law in California A conservatorship is a legal arrangement meant to protect an adult who cannot care for their own person or property. The petitioner asks the court to appoint a conservator to make decisions for the conservatee (the adult that cannot care for themselves). The conservator owes a fiduciary duty to the conservatee. Importantly, the court will retain jurisdiction over the conservatorship and will periodically review of the conservator’s actions until the conservatorship…
What is a Guardianship? A probate guardianship is a court proceeding in which a guardian is appointed by the probate court to protect the person or estate of a minor. California Probate Code §1510. California uses “guardianship” to refer to both personal and financial decisions in regard to a minor while “conservatorship” is used when the person in question is an adult. Guardianship of the Person In a guardianship of the person, the probate…
Free Information on Bankruptcy Law Basics under the United States Bankruptcy Code Many debtors, creditors, legal professionals, and others have heard of bankruptcy, but need more information to determine whether bankruptcy is the right option, and how to assert their rights after a bankruptcy is filed. This guide by an experienced bankruptcy attorney in California will assist in navigating the complex laws under the United States Bankruptcy Code. Remember that filing for bankruptcy has significant…
Constructive Trust in California What is a Constructive Trust? A constructive trust is a remedy used by a court to compel a person who has property they are not justly entitled to to transfer it to the intended beneficiary as determined by the court. How can I get a Constructive Trust? California law provides that a constructive trust is created where a defendant takes a property by fraud, accident, mistake, undue influence, the violation of…