Partition actions involve court-ordered divisions of property. It is usually started when co-owners cannot come to an agreement regarding the property. The subject property is typically sold in a partition action with the proceeds equitably distributed. Who Can File a Partition Action in California? Partition actions, also known as petitions for partition, require a disagreement […]
Beebe v. Wonderful Pistachios: California Court Lowers Causation Bar in Bird Droppings Lawsuit
/by Peterson, Martin & Reynolds LLPBackground In June 2023, the California Court of Appeal examined the proof needed to establish causation in toxic exposure cases, reversing a defense summary judgment in Beebe v. Wonderful Pistachios & Almonds LLC. The court held that the plaintiff had raised a triable issue of material fact through circumstantial evidence connecting his exposure to contaminated […]
Blaylock v. DMP 250 Newport Center LLC: California Court Affirms Defense Judgment in Crawl Space Injury Case
/by Peterson, Martin & Reynolds LLPBackground In a closely watched decision issued in May 2023, the California Court of Appeal examined the merits of the concealed hazard exception to the Privette doctrine in the context of a workplace injury lawsuit. The court affirmed a defense judgment in favor of a property owner who had been sued by an HVAC technician […]
Property Litigation in The Wake of Natural Disasters
/by Peterson, Martin & Reynolds LLPNatural disasters in California sometimes lead to complicated property disputes and insurance claims. The aftermath of a natural disaster can leave property owners grappling not only with the physical aftermath but also with boundary issues and insurance claims. You need a serious and committed real estate attorney to help you successfully work through any property […]
Empty Commercial Space: Protecting Your Commercial Building During a Temporary Vacancy
/by Peterson, Martin & Reynolds LLPFor commercial real estate landlords and business owners, there are several reasons why a commercial property may remain closed for extended periods of time. Your storefront may be lying vacant for a new renter. Shutters can remain down for weeks or months when large-scale renovations are going on. Vacant commercial properties plagued the United States […]
Real Estate Law and Boundary Disputes: Tips for Resolving Conflicts with Neighboring Property Owners
/by Peterson, Martin & Reynolds LLPConflicting boundaries leading to land disputes are a common occurrence in California. These conflicts usually occur when there is a change in property ownership. You should get professional help to identify and formalize exact boundary lines. Boundary disputes are best resolved through legal representation. An experienced real estate attorney familiar with California laws and boundary […]
Real Estate Law and Construction Defects: How To Protect Your Rights As A Homeowner
/by Peterson, Martin & Reynolds LLPYour home is probably the most valuable asset and investment you have. But sometimes for first-time homebuyers, the dream of owning a house can quickly turn into a nightmare because of construction defects. In extreme cases, defects can be serious enough for a family to abandon the property altogether. There is a shocking rise in […]
Common Legal Issues That Occur During the Sale of A Property
/by Peterson, Martin & Reynolds LLPThere are certain legal issues all homeowners should know of regarding the sale of a house. Sellers are often faced with multiple legal issues and risks when selling a house to a potential homebuyer. You may lose an opportunity to sell because of payment delays or failed commitment from the buyer or sometimes end up […]
Understanding Real Estate Legal Matters Within Trust Administration
/by Peterson, Martin & Reynolds LLPMany estate and trust disputes in California involve the allocation of real property or real estate among multiple beneficiaries. A trustee usually has the discretion to sell real estate and distribute the proceeds to all beneficiaries in equal shares. They may also allocate the property to one or more beneficiaries if there are no objections […]
Types Of Co-Ownership in California
/by Peterson, Martin & Reynolds LLPCo-tenancy or co-ownership is largely an umbrella term used to describe ownership among multiple owners holding undivided interests in a real estate property. California law recognizes four distinct types of co-ownerships. An experienced real estate attorney can help you understand the different types of co-ownerships and identify the most suitable type for your interests. Tenancy […]
What Is a Partition Action in California?
/by Peterson, Martin & Reynolds LLPPartition actions involve court-ordered divisions of property. It is usually started when co-owners cannot come to an agreement regarding the property. The subject property is typically sold in a partition action with the proceeds equitably distributed. Who Can File a Partition Action in California? Partition actions, also known as petitions for partition, require a disagreement […]