The right to a punitive damages award in California is statutory. California Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice. But it isn’t so easy to arrive at the awards stage …
When are punitive damages available in California? Read More »
In California, a partition action occurs when one co-owner of real property wants to sell but remaining owners do not. Under California law, a cause of action for partition is governed by the requirements of CALIFORNIA LAW CIVIL PROCEDURE CODE SECTION 872.230, which provides, in pertinent part: The Complaint shall set forth: (a) a description …
In California, a demurrer effectively serves as a motion to dismiss at the beginning of a case. More often than not a strong defense move is to determine when a demurrer is appropriate to file in the case. A demurrer tests the sufficiency of the pleading, i.e., whether the complaint properly stated a cause of …
Sometimes, a contract is written so poorly that the contracting parties do not know the exact terms of the agreement. If the parties do not know what their legal rights and obligations are, then it makes it difficult to enforce the terms of a contract and easy for a party to sue the other for …
This Kentucky real estate law post is designed to provide an overview of Kentucky adverse possession. In short, adverse possession laws allows a stranger to take over a property. Homeowners should be aware of the responsibilities and upkeep they need to maintain in order to make sure they don’t become entangled in a lengthy court …
In California, a mechanics lien is a “hold” against your property, filed by an unpaid contractor, subcontractor, or material supplier. The mechanics lien is recorded with the county recorder’s office and, if it goes unpaid, can lead to a foreclosure of the property. The foreclosure action forces the sale of the property in order for …
