Answer to a Partition Action Complaint in California
When an action for partition is filed, the opposing party has an opportunity to respond to this action by filing an answer. An answer to a partition action is a pleading by
Continue Reading What is an Answer to a Partition Action?
120-Day Deadline in Probate Applies Only to Actions to Contest a Trust
Many attorneys attempt to confuse trust beneficiaries and other parties by claiming that the 120-day deadline to contest a trust applies to actions not barred by this deadline.
Continue Reading 120-Day Deadline Applies Only to Actions to Contest a Trust [Probate Code 16061.8]
How is a Mortgage Different from a Trust Deed?
A mortgage and deed of trust (otherwise known as a “trust deed”) are legal instruments in real estate that allow a lender to secure repayment of a loan. Although a mortgage
Continue Reading What is the Difference Between a Mortgage and a Trust Deed?
By definition, a joint tenancy is an interest in property in which each party has an equal share in the property. Joint tenants also enjoy the privilege of the right of survivorship, which allows a deceased joint tenant’s interest in
Continue Reading Civil Code § 683.2(c) – Joint Tenancy Severance After Death is Limited by California Law
Bankruptcy Exemptions in California
Filing for Chapter 7 bankruptcy in California is a powerful tool that can relieve debtors of unsecured debts and provide a fresh start. Many people assume that bankruptcy involves creditors taking all their personal property, especially
Continue Reading California Bankruptcy Exemptions – 704 vs. 703?
Can an Attorney Be Sued for Representing a Client in Litigaiton?
It may sound ridiculous, but attorneys (or their law firms) are sometimes tacked on as defendants in a complaint. Is this legal? Can another attorney do this? Talkov Law’s
Continue Reading Can You Sue an Attorney for Doing their Job? [Anti-SLAPP Protection for Litigation-Related Activities]
Navigating a deposition is one of the most intimidating things someone unfamiliar with the law can go through. Being pressured by opposing counsel to answer questions accurately down to the last detail is enough to make even the bravest souls
Continue Reading 18 Deposition Tips & Traps
Navigating a deposition is one of the most intimidating things someone unfamiliar with the law can go through. Being pressured by opposing counsel to answer questions accurately down to the last detail is enough to make even the bravest souls
Continue Reading 18 Deposition Tips, Traps, & Tricks
California’s Anti-SLAPP History
Like 28 other US states, California has enacted an anti-SLAPP statute in its Code of Civil Procedure. The statute states that “[a] cause of action against a person arising from any act of that person in furtherance
Continue Reading Anti-SLAPP Can Be Used to Strike “Mixed Conduct” Claims [Baral v. Schnitt (2016) 1 Cal. 5th 376]
Objections to a Bankruptcy Trustee Hiring a Lawyer
There is a common myth that an objection to a bankruptcy trustee’s application to employ an attorney (counsel) is only proper if the attorney is not “disinterested,” a concept similar to being
Continue Reading Bankruptcy Trustee Application to Employ Counsel Must Benefit the Estate [11 USC 327(a)]
