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How Does a Mechanics Lien Work in California?

If you are a property owner and have commissioned work to be done to your property, you may have heard of a mechanic’s lien. This type of claim comes with the potential for financial loss on the part of the property owner. If a lien has been recorded on your Bay Area property, you should consult an experienced attorney as soon as possible. Read on for an introduction to mechanic’s liens and how they work:

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creditors rights attorney San Francisco

The Priority Of a Judgment Lien Relating Back To The Date of the Attachment Lien Saves The Day Years Later

As California commercial collections attorneys representing businesses trying to collect outstanding debts, we have been involved in several cases over years where aggressive litigation tactics taken early in the case have resulted in positive outcomes for our creditor clients years later.

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Boundary Dispute Resolution Real Estate Lawyer

How to Resolve a Boundary Dispute in California

Whether you have owned your Bay Area property for years or have recently acquired it, you could find yourself dealing with a boundary dispute at some point. If this happens, the best course of action is generally to remain as neutral as possible when the dispute arises. And quickly engage an experienced real estate attorney to represent you, as such disputes can end up in court.

Meera Parikh, a partner at Poniatowski Leding Parikh Law Corporation, recently settled a boundary dispute between two commercial properties in San Leandro that came to light when one property owner made improvement plans that imposed on the other property. In the end, Meera worked with the two sides to negotiate a settlement that avoided a court hearing. Continue reading

PLP Law Trust Administration and Real Estate

Real Estate Legal Matters Within Trust Administration

An East Coast financial advisor recently had a Bay Area client who needed help closing an estate involving real property holdings after the death of a loved one. She came to us via referral, as the legal challenges of the trust administration were a bit complex and needed the expertise of a local estate planning and real estate attorney familiar with California law. Apparently we made a real difference.

The advisor sent this note to the person who referred us:

“Your attorney was VERY helpful. I wish the woman who needed him had connected with him sooner— so does she! Many thanks!”

Real Estate Ownership Issues Arise in Trust Administration

Sorting out ownership and title claims for real property for estate planning is critical to help heirs move on with their lives with minimal conflict. We are pleased to have had a hand in helping get this estate properly sorted out.

Our mission is always to put the needs of the client first, before our own. We are happy to have once again met that standard in this situation.

Home Title Fraud a Growing Threat for California Homeowners

Title Fraud Legal Issues California

Home title fraud earned the “latest scam” label from the FBI back in 2008. Home title fraud (also known as “deed fraud”) is different from mortgage fraud. Title fraud occurs when someone obtains the title to your home through fraudulent methods. Then, the criminal tries to use your home’s equity to secure as many loans as possible. Homeowners can be completely unaware of this until the lender tries to foreclose on the home. It can take your real estate attorneys months to undo the damage. Continue reading

Creditors Rights for Debt Collection PLP Law

What are Creditors Rights?

Creditor Rights is a generic terms for the tool-box of rights that any creditor has to collect outstanding debt from the debtors that owe the creditor money. This Creditors Rights tool box is available whether in a bankruptcy or non-bankruptcy context.

Creditors Rights Protect Creditors When Debts Become Hard to Collect

If one of your debtors declares bankruptcy, or is not in bankruptcy but in default in payment and not responding to your collection efforts, it is important for you to learn more about your rights as a creditor and what you must do to give yourself the best opportunity to collect your debt. And the tools at your disposal differ depending on whether in a bankruptcy or non-bankruptcy context. This is what a Creditors Rights attorney can help you sort out. Continue reading

New commercial office space trends leases landlords tenants

How Will Commercial Real Estate Change Post-COVID-19?

We have been following a growing narrative in the commercial real estate press that the Covid-19 crisis will foster permanent changes in how companies organize and run their workforces.

Office Space Will Look Very Different Post-COVID-19 With Social Distancing

These rapidly changing needs are already having an impact on commercial real estate:

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Commercial Real Estate Co-Ownership PLP Law Attorneys

Longtime Co-Owners of Commercial and Investment Properties Should Check Title Documents

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

Employers: Focus on the “B” of the ABC Test When Analyzing Contractor vs Employee Status Under AB5

Workers Contractors or Employees PLPLaw AB5

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

commercial lease negotiation agreement terms Ponlaw

Seven Key Commercial Lease Terms to Examine Before Signing

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