Most business owners think the rules are clear: if there’s a dispute among members in a limited liability company (LLC), the operating agreement and California’s LLC statues control what happens. But a recent case shows that...more
10/7/2025
/ Business Disputes ,
Business Litigation ,
Buy-Out Agreements ,
Buyouts ,
Corporations Code ,
Damages ,
Equitable Relief ,
Fiduciary Duty ,
Limited Liability Company (LLC) ,
Operating Agreements ,
RULLCA
Imagine that you are the trustee of your father’s trust and also hold his power of attorney. He is in his mid-80s, physically frail and depressed. He has been diagnosed with a neurocognitive disorder and two doctors have...more
9/23/2025
/ Appeals ,
Attorney-in-Fact ,
Diminished Capacity ,
Elder Abuse ,
Estate Planning ,
Fiduciary Duty ,
Power of Attorney ,
Restraining Orders ,
Trustees ,
Trusts ,
Undue Influence Claims
Lawyers love obscure rules about giving three-day notices—the kind that California landlords hate. The decision in City of Alameda v. Sheehan, published September 13, 2024, teaches that there is a wrong way to issue a notice...more
According to the California Department of Aging, more than 200,000 older and dependent adult abuse cases are reported each year. Many more cases certainly go unreported....more
The so-called “mansion tax” approved by Los Angeles voters in 2022 and effective April 1, 2023 (Measure ULA) is a misnomer. It establishes a new 4% documentary transfer tax on the sale of any real property priced or valued...more
4/13/2023
/ Commercial Leases ,
Estate Planning ,
Ground Leases ,
Leases ,
Limited Liability Company (LLC) ,
Local Ordinance ,
Property Valuation ,
Real Estate Transfers ,
Realty Transfer Taxes ,
Rental Property ,
Residential Property Owners ,
Transfer Taxes
As interest rates rise, borrowers may find themselves in default, facing lenders who overreach by seeking to recover default interest in addition to regular interest on the principal of the loan. Borrowers may have a weapon...more
Friend of Camden, Inc. v. Brandt, 81 Cal. App. 5th 1054 (August 2, 2022) illustrates the trickiness of the law governing dissolutions for limited liability companies and buyout election rights for those opposing dissolution....more
Feeling entitled, or deserving or just plain covetous? You have discovered that you are encroaching on your neighbor's property. In California, two inconsistent doctrines can apply to allow you to continue using your...more
The financial elder abuse and fraud cases playing out in court right now surrounding Marvel Comics icon Stan Lee trace back to state laws enacted many years ago like the California Elder Abuse Act, designed to protect those...more
An angry client calls: “I have been sued.” But this time, there is absolutely no basis in law or fact for the lawsuit.
The client asks: “Can I get the case dismissed and recover my attorney’s fees against the lawyer...more
In Burch v Superior Court (Premier Homes et al.) 2014 DJDAR 1991 (decided February 19, 2014) plaintiff Burch, a Pacific Palisades homeowner, sued defendants Premier Homes, the developer, and Custom Home Builders, the general...more