Title to Co-Ownership of Real Property Put to the Test When Co-Owners Die or Become Incapacitated
We are seeing more and more cases where a co-owner of a jointly owned investment property retains us after the other co-owner dies or becomes incapacitated (as a result of Alzheimer’s or some other illness or accident).
- In the case of the death of the other co-owner, our client is usually now dealing with a successor trustee, executor or administrator of the estate.
- In the case of the incapacity of the other co-owner, our client is usually dealing with an agent under a power of attorney or a conservator.
In many cases, our client is surprised to learn that the vesting language in the deed to the property does not reflect the client’s understanding or intent regarding their ownership share. Continue reading
We represented a judgment lien creditor that sought priority of its attachment/judgment lien against the holder of a senior deed of trust in an interpleader action. This was to determine which party was entitled to nearly $300,000 in surplus funds after a trustee’s sale of commercial real property in Hayward, CA.
Hayward Commercial Real Estate Proceeds Subject to Creditor Dispute
After a 4-day bench trial in 2016 between these two competing secured creditors, the trial court entered judgment in favor our client, even though our client’s lien was recorded after the opposing party pension plan’s deed of trust. Continue reading
We have been asked for guidance by many of our small business clients regarding the classification of workers as either independent contractors or employees based on the new California law known as AB 5.
Defining Independent Contractor Status Under AB-5
There are certain labor law requirements triggered when a worker is considered an employee rather than an independent contractor. A full discussion of them is beyond the scope of this blog. But, as most employers know, the additional labor law and tax requirements applicable to employees, compared to independent contractors, are significant.
Now we have AB 5, which is a new law effective January 1, 2020. Continue reading
We are proud to be celebrating thirty years of serving as legal advisors to businesses and individuals in Alameda County and Northern California.
Thirty Years of Handling Client Legal Matters in Northern California
From the day we opened our doors in a small office in Castro Valley dedicated to business law and real estate law, our mission has been to provide prompt, quality, results oriented representation and practical advice to our clients. We are proud to have stayed true to this objective over these three busy, challenging decades. Continue reading
When negotiating a commercial lease, every clause in the agreement must be examined to see how it defines your rights and responsibilities as a tenant, and the rights and responsibilities of the landlord. Here are some of the many common lease terms you should look for that corporate real estate tenants need to negotiate:
Clearly Defined Premises
Many leases do not clearly describe what you are renting. Your lease should clearly define your space, its size, and whether the size is on a rentable or usable basis. If your lease refers only to your usable space, get an explanation regarding the difference and include that language in the contract. Continue reading
Most business and real estate attorneys assume that the statute of limitations on an oral contract is two years, and on a written contract is 4 years. These are boilerplate assumptions that can trap a businessperson or a landlord; they do not always hold true once we delve into the specifics of a case. Continue reading
As we start work in 2019 in earnest, the commercial leasing market remains very active. We find ourselves representing a number of commercial landlords and tenants in connection with long-term commercial leases. One area in which we are adding great value is in the examination of “boilerplate language” within a proposed agreement that actually needs customization to protect our clients’ interests.
Great Commercial Lease Agreements Contain No Boilerplate
Most recently we represented a well-established auto body shop that sold its business to a national auto body and collision repair chain. As part of that transaction, the new owners leased the building that our client, the seller, owned to become the client’s tenant. Continue reading
We are often asked by credit managers in California if there are any additional credit approval criteria to consider when a proposed customer and credit applicant is an out-of-state (“foreign”) corporation. While each case is fact-specific, there are some general factors for credit managers to consider that uniquely apply to extending open account credit terms to foreign corporations doing business in California.
Working with Foreign Corporations in California
The first step is to confirm that the corporation has registered with the California Secretary of State as a foreign corporation doing business in California. Continue reading
The method you choose for holding title on your real estate property in California can have unexpected legal and tax consequences, especially years from now when death or disagreement brings change to the relationship between the co-owners.
Given these distant, hard-to-imagine impacts, choosing how title is vested by the co-owners is often an afterthought (or even overlooked)! But the consequences of improper vesting can be devastating. Typically, problems do not arise until many years after the recording of the grant deed that includes the improper vesting. Then, the improper vesting suddenly becomes a problem upon the attempted sale or refinancing of the property, or upon the death or dissolution of marriage of one (or more) of the owners.
The method of holding title is particularly important in partnership and co-ownership situations to make sure that the business agreement of the partners or co-owners is enforceable. Continue reading
When you decide that you must pursue a divorce, the best first step is to hire an attorney to represent you. Selecting an attorney is harder than most people think, though, because you want to work with a lawyer that treats you and your case effectively and respectfully. There has to be a great deal of trust between you, and a comfort level in your day-to-day working relationship, as you will be working closely with your lawyer for many months and sharing very personal information.
This may be why women make up a higher percentage of attorneys in family law practices than in other areas of the law. Given that most divorces still involve a man and a woman, the desire for many women to work with a lawyer of the same gender creates a natural demand for women attorneys in this practice area. Continue reading