How Does Business Escrow Work in California?
In a purchase transaction, an escrow arrangement is usually used to protect both the buyer and seller. The escrow agent’s responsibility is to ensure that the funds and property involved in a transaction are being exchanged as agreed, based on certain pre-agreed conditions. The escrow agreement’s main objective
Breach of Fiduciary Duty California
A breach of fiduciary duty in California happens when an individual or entity is in a position of trust and fails to act in their client’s best interests. In California, the responsibility for proving a breach of fiduciary duty falls on the plaintiff (i.e. beneficiary, ward, advisee, client).
Construction Defect Claims in California: Understanding Your Options
Construction defect laws in California can be somewhat confusing, especially to homeowners new to the process. The original California New Home Warranty law that was added to the state code is there to protect homeowners. However, another law commonly referred to as SB800 requires a specific pre-litigation process
Joint Property Ownership Disputes in California
Joint property ownership in California is when two or more people own a property together. Each joint owner holds an equal stake in the property. This stake comes with both rights and responsibilities. Unfortunately, joint property ownership outside of marriage often results in disputes, even when joint owners
Statute of Frauds in California: Examples of Breach of Contract
The Statute of Frauds in California is a section of the state civil code that details when a contract must be in writing, as well as what a written agreement must include. This statute requires most contracts to be in writing to be valid, with only a few
Tenancy in Common in California: Types of Co-Ownership
Many people confuse joint tenancy with tenancy in common in California. These are sometimes referred to as joint interest or interest in common in relation to real property. A tenancy in common agreement can be an important estate planning tool. Here are the differences between joint interest and
Lis Pendens in California: Critical Do’s & Don’ts
Lis Pendens under California law is a Notice of Pendency Action that is filed with the county recorder when there is a lawsuit affecting the title of real property. While not all litigation involving real property claims require lis pendens to be filed, it is accepted as long
Intestate Succession in California: Everything You Need to Know
Intestate Succession is a probate process used to distribute property and assets when there is no will on record in California, or when assets and property have not been assigned in the will on file. When you die without a will, some or all of your assets will
Non-Compete Agreements in California
Non-compete agreements (or NCAs) are only legal in specific circumstances in the state of California. In March of 2022, Attorney General Bonta sent out an official press release reminding employers and workers that workers can not be required to sign a non-compete agreement, nor can they be required
Small Estate Affidavits in California: What You Need to Know
A small estate affidavit is one way to expedite the distribution of assets of a deceased person who didn’t leave a will, trust or or other estate planning document. Our firm has extensive experience in helping individuals and families develop estate planning—so there is no confusion or uncertainty about
Types of Easements in California Real Estate
In California, an easement is defined as a right granted to an entity to use a piece of property belonging to a separate individual or entity for a specific purpose. The most common types of easements in real estate are those that grant road or utility access. Easements
What Happens if a Beneficiary Can Not be Found in California?
While unfortunate, people are often estranged or otherwise separated from loved ones and relatives. If a beneficiary cannot be found when someone passes away in California, the inheritance is placed with the county controller or collector, depending on the county and with some exceptions. Locating Beneficiaries: How to
How to File a DBA In Los Angeles
A DBA is a trade name that is used to operate a business in Los Angeles, California under a name other than your own. The primary purpose of filing a Fictitious Business Name Statement is to inform the public with whom they are doing business. When an individual
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Covid-19: To our Clients
Stone & Sallus LLP is still active to meet your legal needs. We have temporarily closed our physical office for all but critical matters to help prevent public exposure to COVID-19 and to honor the California Safer at Home directive issued March 19 by Governor Newsom. Here is
Covid-19: Addressing Legal Issues for Los Angeles
The outbreak and rising community spread of the novel coronavirus strain known as Covid-19 in the Greater Los Angeles area will continue to fundamentally change the way that individuals live and businesses operate. Among the most recent and wide ranging impacts occurred with the various “Safer at Home”
