Category: Business Litigation
The Benefits of Arbitration in Business Disputes
When running a business, disputes are almost inevitable. That’s why it’s important to understand the benefits of arbitration as a means of resolving these disputes. Whether it’s a disagreement between partners, a contractual dispute with a supplier or a customer, or a lawsuit from a former employee, arbitration can offer several advantages over traditional litigation […]READ MORE
What is Business Litigation?
Writing a business contract is a critical task that requires careful consideration of legal and commercial factors. A well-written contract can help to ensure that all parties involved understand their obligations, minimize the risk of disputes, and protect their interests. In this article, we will provide an overview of the key elements of a business […]READ MORE
How To Expunge a Lis Pendens in California
How To Expunge a Lis Pendens in California When a lawsuit is filed that may involve real property, sometimes a party can record a notice of pendency of action or a“lis pendens” against the affected real property. A lis pendens is a recorded document giving third-parties notice that a lawsuit been filed that may affect […]READ MORE
New Law on Remote Civil Court Hearings in California
Section 367.75 – Parties appearing remotely; conducting conferences, hearings, and proceedings (a) Except as provided in subdivisions (b) and (d), in civil cases, when a party has provided notice to the court and all other parties that it intends to appear remotely, a party may appear remotely and the court may conduct conferences, hearings, and proceedings, in whole […]READ MORE
Court Creates an Equitable Remedy Short of an Injunction for Permanent Trespass to Plaintiffs’ Land.
From CLA Defendant bought 677 acres of land in 2012, for the purpose of developing a walnut orchard. Plaintiffs own a 210-acre property adjacent to defendant’s property. Plaintiffs sued in 2014, alleging that defendant, who had proceeded to develop and irrigate a walnut orchard, was trespassing on 3.44 acres of plaintiffs’ property. Plaintiffs further alleged […]READ MORE
Brown & Charbonneau, LLP Trial Attorneys Prevail in Fraudulent Transfer Case With Judgments Over $2,000,000
After a 2-week trial, Gregory G. Brown and Mark M. Higuchi secured a huge win in a complex, multi-county, fraudulent transfer case (under the Uniform Voidable Transactions Act). The Court awarded the Brown & Charbonneau, LLP Client another $778,000 and ordered that real estate transfers be set aside, including mortgages that were placed on the […]READ MORE
How Does a Real Estate Partition Action Work?
In this article, the expert Real Estate Attorneys of Brown & Charbonneau, LLP answer the question: How Does a Real Estate Partition Action Work? PARTITION ACTIONS When two or more persons co-own an undivided interest in property, dividing the property may require what is called a $“partition action.” The purpose of a partition action […]READ MORE
Alter Ego Liability Explained With Examples
Alter Ego Liability Explained With Examples. As a general rule, a corporation is a separate legal entity that is distinct from its shareholders. In fact, one major benefit to incorporating a business is that the owners, or shareholders, are not personally responsible for corporate debts and obligations. However, under certain circumstances, the “corporate veil” can […]READ MORE
What Do I Do If Defendant in Case Has Died?
When a Defendant dies prior to, or during litigation, it substantially affects the procedures a Plaintiff must utilize to satisfy its claim. Whether the Defendant dies before litigation, during litigation, or after a judgment has been entered, the procedures of California’s Probate Code must be followed. Proceeding Against a Dead Party’s Estate When a Defendant dies […]READ MORE
Principal & Agent Liability in California
This article defines and explains the legal concept of Principal and Agent Liability in California. In certain circumstances, a person can be held liable for the actions of another. One of the most common of such situations is called “principal-agent liability.” This situation can come into play when an agency relationship is created. Creation of […]READ MORE