by Tator Law | Jan 10, 2018 | Real Estate
Quieting title is odd. It has no single statute of limitations. For a person in possession, there is no statute at all. For someone out of possession, the limitation period depends on the theory for attacking current title, such as fraud or undue influence.
by Tator Law | Jan 5, 2018 | Real Estate
Some say an easement by prescription cannot be exclusive. The statement is overly broad. An easement can exclude the land owner for some purposes.
by Tator Law | Dec 1, 2017 | Malpractice Law, Real Estate
Suits against public entities and employees in California have a trap. A claim must be filed with the governing body of the public entity within 6 months.
by Tator Law | Dec 1, 2017 | Malpractice Law, Real Estate
Usually plaintiffs have the burden of proof, but sometimes the burden is shifted to the defense. An important shift occurs when issues other than punitive damages revolve around defendant’s financial dealings. Defendant must produce records. (If there are no...
by Tator Law | Dec 1, 2017 | Malpractice Law, Real Estate
Claims involving the same transaction can be lost forever if not asserted in the first lawsuit. Serial lawsuits generally are barred.
by Tator Law | Sep 28, 2017 | Malpractice Law, Real Estate
For a good contingency lawsuit, there must not only be a legally recognized wrong, but damages caused by the wrong. Other lawsuits will require payment to the attorney along the way.
