Plaintiff designed and registered with the Copyright Office a floral print fabric and sold 50,000 yards of it between 2002 and 2006. In 2008, plaintiff discovered shirts bearing a very similar design “printed using cruder, lower-quality techniques and machinery.” Plaintiff sued the seller of the design it discovered. The trial court granted summary judgment for […]
Is a Deed of Trust the Same as a Mortgage? Not in California
A Plaintiff borrower appealed a judgment from the Superior Court of Alameda County (California), which sustained a demurrer to the borrower’s complaint challenging the validity of a non-judicial foreclosure by defendants, the beneficiary under the deed of trust and the loan servicer. In Haynes v. EMC Mortgage Corporation (Cal. App. First Dist., Div. 4; April […]
Which Statute of Limitations Applies in Certain Real Estate Related Matters?
Civil Code §2079.4 imposes a two-year statute of limitations on suits brought against a seller’s real estate broker. The standard buyer-broker agreement form issued by the California Association of Realtors form imposes a two-year limitations period for any legal action against a buyer’s broker. This case involves claims brought against a dual listing agent. The […]
California Supreme Court Rules Employers Not Obligated To Police Meal Breaks
On April 12, 2012, the California Supreme Court finally issued a long awaited decision in the seminal case of Brinker Restaurant v. Sup. Ct. (Hohnbaum), (Cal. Sup. Ct., April 12, 2012) (Case No. S166350) 2012 Cal. LEXIS 3149 and ruled that while California workers have a legal right to take their rest and meal breaks […]
Congress Takes Up Attempt To Speed Up The Short Sale Process
Senator Sherrod Brown (D-Ohio) has introduced legislation to address the lengthy process of completing real estate short sales. The process of short sales continues to frustrate all parties involved and frequently results in offers being withdrawn and sales falling through. A short sale is one in which the lender agrees to accept less than the […]
Mortgage Cram Downs California in Chapter 13 Bankruptcy
You may be able to reduce your mortgage principal on investment or rental property. It does not apply to a home you use as your principal residence. A mortgage cram down allows you to reduce the principal balance of the mortgage to the value of the property. You can use a Chapter 13 bankruptcy for […]
Chapter 13 Bankruptcy in Riverside, CA
A Chapter 13 Bankruptcy is also called a wage earner’s plan. Debtor(s) propose a repayment plan to make installment payments to creditors over a period of three to five years. If debtor’s current monthly income is less than the applicable state median, the plan is for three years. If current monthly income is above the […]
What is a Chapter 7 Bankruptcy?
A Chapter 7 Bankruptcy is also known as a “straight bankruptcy” and is the most common type of bankruptcy case. Someone who files a Chapter 7 has little or no assets to pay creditors. To qualify to file a Chapter 7 Bankruptcy you must pass a means test. Means testing looks at a debtor’s income. […]
Construction Litigation and City Zoning Restrictions News in California
For my second discussion in this series about recent cases dealing with real estate law in California decided by the California Court of Appeal I wanted to mention these two decisions from the Fourth District, Division Three, and Fifth District in California—one involving construction litigation and the other involving city zoning restrictions. YOU SPOT ZONE […]
California Real Estate Law News
Recently, at the conclusion of last year, 2011, California courts issued a number of important rulings in the area of real estate litigation. Let me briefly mention the first two here and next week I will provide a synopsis of the other two worthy of your consideration. The first two I want to profile for […]