A non-construction case touches upon important considerations regarding arbitration and agency principles. Agency principles matter and while this case deals with agency principles relative to arbitration, the principles can be extrapolated to a variety of scenarios.
Here are the key
California Leaders Move to Support Energy Storage
Our previous post[1] covered the introduction of A.B. 303 (Addis), the “Battery Energy Safety and Accountability Act”, following a catastrophic fire at one of the world’s largest battery energy storage facilities located in Moss Landing, California, starting on January
Partition of Property Co-Owned with Divorcing Couple (Joinder Family Code § 2021)
Co-ownership disputes are complicated when you co-own with a married couple. However, a forced sale of property owned by a third party and a married couple can be addressed 1) through a partition action filed by any co-owner, or 2)
Tariff-Driven Cost Increases: Can Federal Contractors Recover Through REAs?
Introduction
Federal government contractors operating in today’s volatile global trade environment are no strangers to sudden and sometimes dramatic shifts in material costs. With tariffs periodically imposed or adjusted by executive action, contractors frequently find themselves grappling with unexpected increases
Forcing the Sale with a Deceased Co-Owners Without Probate
Californians with a deceased co-owner can force the sale of the property without going through probate by filing a partition action. In California, the court can proceed with the partition by joining the deceased co-owner’s representative or successor, or
U.S. Department of Energy Pursues Data Centers on Federal Lands
by Robert A. James, Sidney L. Fowler and Samuel Bucher
On April 7, the Office of Policy for U.S. Department of Energy (DOE) published a Request for Information (RFI) seeking input from industry professionals, grid operators, local
Allocating the Risk of Tariff Price Increases
As the Trump Administration’s tariffs are now in effect, owners, developers, and contractors managing pending construction projects face questions about who is ultimately responsible for impacts (both time and cost) resulting from those tariffs. Those negotiating contracts for upcoming projects
Why Oral Life Estates Are Not Legally Recognized in California
California law is clear: a life estate must be in writing to be legally enforceable. In California, real estate transactions conveying ownership interests must follow strict legal requirements, particularly when it comes to life estates. Some property owners mistakenly believe
Restrictive Covenants: The Devil Is in the Details…
Restrictive covenants are common conditions of zoning approvals. Municipal boards typically require applicants to record restrictive covenants as a condition of approval. These restrictive covenants are drafted to “run with the land,” meaning the covenants automatically transfer with the property.
Why Partition Referees Are Essential in a Partition Action
For many co-owners facing a partition action, the idea of a court-appointed partition referee can seem intimidating. Some fear that a referee will unfairly take sides, undervalue the property, or create unnecessary delays in the sale process. In reality,