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Consider a replacement for Justice Scalia

Consider a replacement for Justice Scalia

By George Miller RIP Justice Antonin Scalia. Our prayers are with you  You were a memorable man who served a very memorable term. Highly intelligent, educated, dedicated and passionate, you defended the Constitution to the best of your abilities, as near as you could to its letter and “original intent.” You even popularized the term “originalism.” Yet many disagreed with you and […]

Man transfers title to himself: City stuck trying to reclaim home of San Diego Padres

Man transfers title to himself: City stuck trying to reclaim home of San Diego Padres

By Jennifer Felten Case of the Month: People v. McQuaig The City of San Diego is learning the hard way that real estate fraud can be both a criminal matter and a civil matter. Apparently, in 2014 Derris McQuaig decided that he wanted to own Petco Park, the baseball stadium for the San Diego Padres. […]

California Approves Use of Transfer Upon Death Deed

California Approves Use of Transfer Upon Death Deed

In California, where property values are high, the cost to probate an estate for the transfer of a home is costly. As such, savvy homeowners take action to avoid such costs via trusts or via property ownership which includes a right of survivorship. Thanks to the Assembly Bill 139, which becomes effective on January 1, […]

In Chicago Weeds Not Protected As Free Speech

In Chicago Weeds Not Protected As Free Speech

By Jennifer Felten Many cities have ordinances that require property owners to control the weeds on their property or face fines. Proponents of these types of regulations argue that they are needed for: the prevention of serious fire hazards, the removal of obstructions that interfere with streets and sidewalks, the prevention of noxious weed infestation, […]

Adams Canyon Santa Paula Property Sold at Auction

Adams Canyon Santa Paula Property Sold at Auction

By Sheryl Hamlin By order of the Court Appointed Receiver, Case # DC-13-12415, in the District Court of Dallas County, Texas, 14th Judicial District, 4,658.64 acres at 3035 Adams Canyon Road, Santa Paula, Ventura, County, auctioneer Hudson & Marshall held a live auction on October 29, 2015 in Oxnard, where about 35 people were present. […]

Developer temporarily off the hook for alleged faulty construction

Developer temporarily off the hook for alleged faulty construction

By Jennifer Felten McMillin Albany LLC et al., v. The Superior Court of Kern County The case results for a lawsuit filed by the owners of 37 homes constructed by a developer,  alleging eight causes of action, including strict products liability, negligence, and breach of express and implied warranty. They alleged the homes were in […]

Good Fences = Good Neighbors: Encroachment = Lawsuit

Good Fences = Good Neighbors:  Encroachment = Lawsuit

Balancing the Hardships: Equitable Easements Shoen v. Zacarias By: Jeffrey Leung, Esq. and Jean Wilcox, Esq. The proverb “good fences make good neighbors” has been traced through history and appears in many cultures and languages. One version or another can be found in German, Norwegian, Russian, Japanese and Hindi literature. Even Benjamin Franklin had his […]

California Passes Bill to Clarify New Paid Sick Leave Rules

California Passes Bill to Clarify New Paid Sick Leave Rules

By Jennifer Felten Last year, California passed the Healthy Workplaces, Healthy Families Act of 2014. It went into effect on July 1, 2015, and has now been quickly amended as issues with implementation have arisen. The revisions were passed on July 13th as AB 304 with the intent of clarifying the law for employers and […]

Jury dings escrow company 1.9 million for San Luis Obispo real estate Ponzi scheme

Jury dings escrow company 1.9 million for San Luis Obispo real estate Ponzi scheme

By Jennifer Felten Liddell v. Cuesta Title Company In 2012, Kelly Gearhart, a real estate developer, pled guilty to 2 counts of wire fraud and 1 count of money laundering, related to a Ponzi scheme in which he defrauded investors of more than $14 million. He was sentenced to 14 years in prison. Gearhart filed […]

Real Estate: Wongs finally get it ‘right’ in court battle

Real Estate: Wongs finally get it ‘right’ in court battle

By Jennifer Felten Wayson and Susanna Wong (“Buyers”) bought a hillside home in San Carlos for $2.35 million from Ira and Toby Stoler (“Sellers”) in May of 2008. Before the close of escrow, the Sellers provided the Buyers with a transfer disclosure statement completed in 2002 by the prior owners, an updated 2008 transfer disclosure […]

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