Condo Damage Attorney – Can Property Owners Claim Ignorance If They Violate CC&R Rules?
If a document affecting real property is legally recorded and readily available as matter of public, that recordation is considered, under well-settled California law, to be “constructive notice” of a said documentation. Moreover, the implication of such recorded documentation is applicable to all whom it governs [See Cal. Civ. Code
Condo Damage Attorney – Enforcement Of CC&Rs and the Reasonableness Standard
Under California Civil Code § 1354, an HOA (Home Owners Association) is empowered to enforce the CC&Rs (Covenants, Codes & Restrictions) when a HOA member is in violation of any provision of the association’s covenants, codes and restrictions. To enforce their CC&Rs, the HOA’s governing body must demonstrate the provision
Can a Real Estate Agent’s Statements Of Opinion Constitute Fraud?
Under California law, A real estate agent’s statements of opinion about a subject property typically doesn’t constitute actionable fraud or deceit. [See Rendell v. Scott (1886) 70 Cal. 514 (A statement of opinion, not involving an assertion of fact, will not constitute fraud.)] That said, if an agent states an
Injury & Property Damage – What Elements Are Necessary to Make Of A Claim For Negligent Infliction Of Emotional Distress in Civil Litigation?
According to California law, negligent infliction of emotional distress is not an independent tort. Rather, it’s merely the tort of negligence, coupled with the traditional elements of duty, breach, causation and damages. [See Burgess v. Superior Court (1992) 2 Cal.4th 1064, 1072.] To claim negligent infliction of emotional distress, a
Can a Fraud Claim Be Used As The Basis to Revise A Written Contract?
Gholian Law’s Los Angeles Litigation Attorneys were recently asked to determine if a fraud claim provided acceptable grounds for revising the provisions of a written contract (such revisions are also referred to as a “contract reformation”). In the case of fraud or mutual mistake, California law allows written contracts to
Injury On Property – What is a Landlord’s Duty Under Premises Liability Claims
Owners of a residential or commercial income property are exposed to potential premises liability claims. As such, it’s critical that landlords understand the duties imposed upon them under California law. If a residential or commercial property tenant brings a claim against a landlord, the tenant must demonstrate to a jury
Condo Damage Attorney – HOAs Do Not Have the Authority To Deny Physical Access To a Separate Interest
Gholian Law’s Los Angeles HOA Dispute Attorneys were recently charged with interpreting a portion of a Homeowners Association Rules. Specifically, our team examined whether an HOA holds the authority to deny access to a homeowner’s separate interest as a means of leverage to collect past due homeowner’s assessments. The answer is
Technical Vs. Physical Defects – What Constitutes Nondisclosure and Real Estate Fraud?
Gholian Law’s Los Angeles Real Estate Attorneys recently briefed an issue in an ongoing real estate fraud and nondisclosure case. The matter in question was whether a buyer is responsible for uncovering and investigating “technical defects.” Technical defects are defined as defects not visible to a buyer or obvious through
Real Estate Brokers Are Required to Have ALL Listing Agreements, Even Pocket Listings, In Writing
Gholian Law’s Los Angeles condo damage Attorneys recently reviewed a potential case in which a broker was seeking to make claim for a commission on a “pocket listing.” The “pocket listing” resulted in a sale, however, the broker did not have a written listing agreement. California law dictates that any
Injury & Property Damage – There Can Be No Cause Of Action Until Damages Are Sustained
The Los Angeles personal injury and property damage attorneys at Gholian Law are constantly evaluating cases and claims to determine whether there are sufficient grounds to file a claim. The first step in this evaluation process is determining if liability actually exists. And the next step is ascertaining whether actual