News & Analysis as of

Statute of Limitations Eviction

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending October 15, 2021

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Real Property Update - Eviction / Commercial Landlord-Tenant / Motion to Determine Rent: Based on the plain language of section 83.232, Florida Statutes, the trial court is constrained at the rent determination hearing to...more

Snell & Wilmer

California Judicial Council Votes to Rescind Prohibitions on Eviction and Foreclosure Proceedings

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The California Judicial Council’s emergency rules staying evictions and judicial foreclosures are coming to an end. On March 27, 2020, the Governor of California issued executive order N-38-20, giving the Judicial Council...more

Farella Braun + Martel LLP

Judicial Council Ends Statewide Eviction and Foreclosure Moratorium; Local Orders Remain in Effect

On August 13, 2020, the Judicial Council of California (a body representing the California State Courts) voted to allow two previously enacted emergency rules, one halting evictions and the other halting foreclosures, to...more

Seyfarth Shaw LLP

California Judicial Council Votes to Sunset Emergency Amendments to Rules of Court that Prevent Evictions and Judicial...

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As noted in prior updates, on April 6, 2020, the California Judicial Council issued emergency amendments to the California Rules of Court that, among other things, except as necessary to protect public health and safety...more

Allen Matkins

California Judicial Council Adopts Emergency Rules Affecting Unlawful Detainer Actions and More

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The Judicial Council of California adopted 11 temporary emergency rules in response to the COVID-19 pandemic affecting eviction proceedings, judicial foreclosures, and statutes of limitations for civil causes of actions,...more

Best Best & Krieger LLP

New Court Rules During the COVID-19 Pandemic

Bail, Evictions, Remote Hearings and Depositions and Statutes of Limitation Rule Changes - The California Judicial Council, the rule-making arm of the California court system, adopted several important statewide rules at...more

Seyfarth Shaw LLP

CA Judicial Council Adopts Rules Concerning Statute of Limitations, Evictions and Judicial Foreclosures, and Remote Accessibility...

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Civil litigators and Superior Courts in California were given some temporary relief from uncertainty this week when the state’s Judicial Council adopted rules to address the COVID-19 pandemic shut downs, including extending...more

Farrell Fritz, P.C.

Affirmatively Plead Your Defenses, or Risk “Waiving” Them Goodbye

Farrell Fritz, P.C. on

Many litigants are familiar with the well-settled rule that an affirmative defense will be waived if it is not included in a CPLR 3211(a) motion to dismiss or in the answer (see CPLR 3211[e]).   And so, lawyers tasked with...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending March 9 & 16, 2018

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REAL PROPERTY UPDATE - Condition Precedent: trial court properly rejected motion to dismiss for failure to satisfy condition precedent of pre-litigation non-binding arbitration, required by Chapter 718, Florida Statutes,...more

Snell & Wilmer

Erasing Any Doubt: Arizona FED Actions Do Not Accrue Until Formal Demand for Possession is Tendered

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Clearing up any lingering confusion, in Carrington Mortgage Services, LLC v. Woods, 767 Ariz. Adv. Rep. 4 (June 22, 2017), the Arizona Court of Appeals confirmed that residential forcible entry and detainer actions in Arizona...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: - SC19576 - Briere v. Greater Hartford Orthopedic Group, P.C. - SC19576 Concurrence - Briere v. Greater Hartford Orthopedic Group, P.C. One might argue this decision...more

Snell & Wilmer

What is the Effect of an Untimely Challenge to the Timeliness of a Trustee’s Sale?

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Ever wonder what happens if a person challenges the timeliness of a trustee’s sale after the sale already occurred? Waiver of the argument of course! And, in the case of Wells Fargo Bank, N.A. v. Waltner, the affirmance of...more

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