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Author Archive for: "JScottSouders"
1
By Scott Souders
In Litigation, Real Estate
Posted January 14, 2019

TREE LAW

Tree Law Trees with trunks standing entirely on the property of one owner belong exclusively to that owner even though the roots may grow into the adjoining owner’s property. See Civil Code [...]

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0
By Scott Souders
In Litigation, Real Estate
Posted November 28, 2018

If You Pay Extra Money For A View Is It Protectable?

If You Pay Extra Money For A View Is It Protectable? I have received many phone calls over the years from homeowners who want to sue their neighbors or the City or their HOA because they have [...]

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1
By Scott Souders
In Business, Real Estate
Posted October 12, 2018

Creditor May Add LLC As Additional Judgment Debtor

Reverse Veil Piecing Relief Granted, Creditor May Add LLC As An Additional Judgment Debtor In the case of Curci Investments, LLC vs. James P. Baldwin (two well known Orange County real estate [...]

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0
By Scott Souders
In Real Estate
Posted September 5, 2018

AUTOMATIC DUAL AGENCY

California Supreme Court Affirms Appellate Court Ruling That A Real Estate Agent Who Represented The Seller Owes Fiduciary Duties to The Buyer, Not Just Seller, In A Case Where The Brokerage [...]

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1
By Scott Souders
In Real Estate
Posted September 5, 2018

2018 NEW LAWS

Important New Laws Enacted In 2017 Civil Code § 4528 Effective January 1, 2018, Civil Code § 4528 now provides a statutory disclosure form for a homeowners association to complete and give to a [...]

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0
By Scott Souders
In Real Estate
Posted September 5, 2018

SELLER’S ESCAPE DISCLOSURE LIABILITY

Sellers Not Liable for Failing to Disclose Deficiencies in Residence Converted Into Wine Tasting Room Where Sellers Lacked Actual Knowledge of Alleged Deficiencies. In the case of RSB Vineyard, [...]

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0
By Scott Souders
In Real Estate, Uncategorized
Posted August 24, 2018

Title Priority of Trust Deeds

Simultaneously Recorded Trust Deeds Order of Recording Do Not Determine Their Priority. In the case of MTC Fin., Inc. vs. Nationstar Mortage, [2018] 19 Cal App 5th 811. The appellate court [...]

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0
By Scott Souders
In Real Estate
Posted July 23, 2018

PROPERTY OWNER NOT RESPONSIBLE FOR WORKER INJURIES

Owner Not Liable To Window Washer For Injuries Sustained In Fall. In the case of Delgadillo vs. Television CTR. Inc., [2018] 20 Cal App. 5th 1078, the Court of Appeal determined that when a [...]

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0
By Scott Souders
In Litigation, Real Estate
Posted July 23, 2018

Homeowners Association Wins Challenge to Enforcing Rules

Homeowners Association Given Deference By Appellate Court In Establishing and Enforcing Its Own Rules. In the case of Watts vs. Oak Shores Community Association, 235 Cal App 4th 466, the [...]

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0
By Scott Souders
In Real Estate
Posted July 3, 2018

Airbnb Rental

Airbnb Rental Determined as Illegal Use of Property. In the case of Chen vs. Kraft, [2016] 243 Cal App Supp. 13, Chen, the landlord, filed an Unlawful Detainer against Kraft who was using his [...]

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  • 881 Dover Dr. Suite 390
    Newport Beach, CA 92663
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