The Law of Fraud

April 3, 2018

Fraud consists of inducing a person to enter a contract by making false representations or concealing material facts that should be disclosed. This type of fraud is often asserted as a defense to a contract. For […read more.]

Identity Theft

April 2, 2018

Victims of identity theft are provided with a measure of protection by California Civil Code §1798.93, which provides a person may bring an action against a creditor to establish that the person has been the victim […read more.]

Subordination of Liens

March 30, 2018

Generally, a lien upon real property (commonly referred to as a mortgage or deed of trust) has priority according to the date and time of recording of the document with the county recorder of the county […read more.]

The Attorney-Client Privilege

March 28, 2018

California law provides that certain communications between a client and an attorney are privileged, and disclosure of that confidential communication cannot be compelled. (Evidence Code §§952 & 954) The confidential information must be transmitted between the […read more.]

Recent Developments in Contract Law – Oral Evidence Concerning Written Contracts

October 5, 2014

As a general rule, persons who enter written contracts can expect the terms of the contract to be enforced in court, as long as the contract is for a lawful purpose. In general, a written contract […read more.]

Priority of Mortgage Liens and Mortgage Fraud

October 2, 2014

California law incorporates a “race–notice” system of recording liens against real property. Simply stated, the general rule is that the first person to “race” to the county recorder’s office and record his mortgage or conveyance has […read more.]

Basic Trust Law

October 1, 2014

A trust is an arrangement by which a person, known as the settlor or the trustor, delivers money or property to a person, known as the trustee, for the benefit of other persons, known as beneficiaries. […read more.]

Selecting The Type Of Business Entity

September 29, 2014

The formation of a business entity in California can take one of several forms: Sole Proprietorship A sole proprietorship involves one owner who owns, manages, and controls the business. The profits and losses from a sole […read more.]

Aiding a Fiduciary’s Breach of Duty

June 9, 2014

A person who the law recognizes as owing a special duty of loyalty and honesty to another is referred to as a fiduciary.  Examples of fiduciary relationships are an agent acting for a principal under a […read more.]

Double Damages Awarded for Misappropriation of Property

June 9, 2014

In certain types of claims, the court, in addition to any other remedy available, may awards double damages.  Probate Code §859 provides for double damages for misappropriation of property belonging to a minor, an elder, a […read more.]

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