As a general rule, California malicious prosecution actions are dicey propositions insofar as they always subject the plaintiff to a potential Anti-SLAPP motion from the defendant pursuant to California Code of Civil Procedure section 425.16.   At a minimum, such a motion requires the plaintiff to immediately produce admissible evidence establishing the malicious prosecution claim.  The […]

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Some seem to think that a creditor plaintiff always has to sue to collect a debt in the debtor defendant’s county of domicile.  While the latter’s county is proper venue, it may not be the only proper venue.  There may be more than one county in which one properly may file suit. Often, contract documents […]

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Some seem to think that merely depositing a Notice of Pending Action [fn] is sufficient to give constructive notice of the contents of the law suit to which it refers.   Not so, as the court in Dyer v. Martinez (2007) 147 Cal. App. 4th 1240 reminds us.  In order to impart constructive notice, the […]

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California’s Proposition 13 is well known to real property owners.  It generally caps property taxes at about 1% of the property’s purchase price, which the County Tax Assessor terms its “base year value.”  Property taxes typically only increase 2% per year over the base year value. But what happens when a property’s value drops below […]

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