One of the simplest ways for a plaintiff involved in a commercial breach of contract claim to increase its chance at recovering damages is to apply for a writ of attachment. California Code of Civil Procedure section 483.010 provides for writs of attachment to be issued where: (1) a claim is based upon a contract; […]

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With the economy starting to show signs of life, many homeowners are beginning to perform previously delayed construction projects. However, finances can still be a major issue, which is one reason why some homeowners elect to forego hiring a general contractor and instead act as an “owner-builder.” When a property owner chooses to act as […]

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Holiday gift exchanges commonly extend into the commercial and professional realm with professionals giving token presents to clients and professional acquaintances in the spirit of the season.  Quite often, our clients give us gifts of bottles of wine, fruit baskets and other thoughtful presents.  Those gifts from clients are proper within the scope of the […]

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Individual homeowners, and homeowner’s associations (and HOA management companies), should continue to pay close attention to property conditions that may pose a significant risk of injury to guests and visitors.

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Even California’s bent towards environmental protection could not prevent a court from agreeing that even trees may qualify as an unlawful “spite fence” in California. A “Spite Fence,” which may be prohibited by court order under California law, is defined as “[a]ny . . . structure” over 10 feet that was “maliciously erected or maintained for the purpose of annoying [a neighbor].”

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Proposed California laws will increase the liability of those persons who prepare real property valuations, opine on the value of real property or influence appraisers.

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