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
Property Rights – Listing Price Does Not Determine a Property’s Actual Or Market Value
Recently, Gholian Law’s Los Angeles Real Estate lawyers were asked to evaluate and confirm whether a real property’s listing price provided evidence of actual or market value. Following briefing motions and oral arguments in trial court, the answer was a firm: “NO.” A listing price can never be presented as
Property Rights – Labor Unions Can Picket In Front of Privately Owned Walkways Says California Supreme Court in Recent Ruling
The California Supreme Court recently issued its opinion in the hotly contested, private walkway vs. labor union picketing case. In the judgement handed down, the high court noted that labor union picketing activities may not have constitutional protection, but ultimately ruled that labor unions do have statutory protection under the
Contract Law Tidbit – Implied Contract Modifications Are Supported By California Law
Implied in fact modifications have consistently been recognized under California law. If the behavior or verbal statements made by the parties to a written agreement are inconsistent or contradictory to provisions of that contact, the court has held that implied modification can reasonably be assumed. [See Diamond Woodworks, INC. v.
Defining a Broker Duties in Visual Inspections – Cal. Civ. Code § 2079
If a real estate agent or broker has a written contract with a seller or is a broker who acts in cooperation with that broker to solicit buyers to purchase a 1-4 unit residential property, the real estate agent or broker is duty bound to conduct a reasonably competent and
Attorneys’ Fees Are Not Automatically Awarded After Prevailing on a Motion to Expunge Lis Pendens
Simply because an individual prevails on an expungement motion, attorneys’ fees are not automatically awarded. The courts in California use what is known as the: “practical approach” when determining whether attorney’s fees should be awarded in a successful expungement motion. Following the practical approach, the trial court determines if the