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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 the defendant in response to the plaintiff’s complaint for partition. In the answer, defendants have an opportunity to address the allegations contained in the plaintiff’s partition action complaint. If the partition complaint is verified, each paragraph in the complaint must be addressed in the answer. Defendants can admit the allegations, deny the allegations, claim they have insufficient knowledge…
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. Specifically, California Probate Code 16061.8 states that: “No person upon whom the notification by the trustee is served pursuant to this chapter, whether the notice is served on him or her within or after the time period set forth in subdivision (f) of Section 16061.7, may bring an action to contest the trust more than 120 days from the date…
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 and a trust deed serve the same purpose, the exact terms of both of each varies. The real estate attorneys at Talkov Law are deeply familiar with the intricacies of both and can explain each in more detail. What is a Mortgage? A mortgage is an agreement between a borrower and a lender to purchase real property wherein the borrower…
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 a property to automatically pass to the surviving joint tenant(s). If the interest is transferred to a third party, a joint tenancy will be severed and convert into a tenancy in common, another type of co-ownership in California. This issue commonly arises in California partition actions along with other areas of family law and trust and estate 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 their home and vehicle. However, California bankruptcy exemptions allow debtors to maintain possession of certain personal property when filing for bankruptcy. While this guide provides a broad outline, it is important to contact an experienced California bankruptcy attorney who can guide you through the bankruptcy process and maximize your bankruptcy exemptions without making a costly mistake. What is a Bankruptcy…
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 attorneys explain how anti-SLAPP law prevents this and the devastating legal repercussions of including a law firm to a list of defendants. Two Prongs of a California Anti-SLAPP Motion Anti-SLAPP statutes are meant to encourage public participation and prevent the justice system from being used as a weapon to prevent free speech. California’s anti-SLAPP statute states, in part, that: “it is…
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 break a sweat. Our experienced attorneys provide tips and tricks that can help you prepare for a deposition. 1. Listen to the question carefully and only answer the question that is asked The last thing you want to do in a deposition is volunteer information to the opposing side’s counsel. The more information you give them, the higher the chance…
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 break a sweat. Our experienced attorneys provide tips and tricks that can help you prepare for a deposition. 1. Listen to the question carefully and only answer the question that is asked The last thing you want to do in a deposition is volunteer information to the opposing side’s counsel. The more information you give them, the higher the chance…
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 of the person’s right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” Cal. Code Civ. Proc. §
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 conflicted out of the case. In other words, many believe that not having an interest in the matter at issue is the only requirement of a bankruptcy trustee’s attorney. However, this assumption is wrong. Rather, counsel for a bankruptcy trustee must show a benefit to the estate in addition to disinterestedness. Case law makes clear that: “Section 327(a) provides that…