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White and Bright Articles

Failure of a Tenant to Obtain Renter’s Insurance Ruled a Material Breach of the Rental Agreement

May 23, 2016

By: Michael A. Friedrichs In a recent appellate court decision (Boston LLC v. Juarez, 240 Cal.App.4th Supp. 28), the appellate court ruled that a tenant’s failure to timely obtain renter’s insurance following service of a three day notice to cure covenant or quit was a material breach and sufficient to evict the tenant. In 1999, Mr. Juarez rented an apartment unit from Boston LLC. The rental agreement provided at paragraph 11 that: “Insurance: Owner does […]

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Recent Court Ruling on Judgment Creditors’ Rights to Obtain Production of Documents from Judgment Debtors Over Objection of Privacy Rights of Third Parties

February 9, 2016

By: Michael A. Friedrichs When seeking to enforce a civil judgment in California, judgment creditors should be aware of the tools available to them to obtain information on the assets and finances of judgment debtors. Under the Enforcement of Judgments Law (Code of Civil Procedure Section 680.010 and following), one of the miscellaneous creditors’ remedies is the judgment debtor’s examination (Code of Civil Procedure Section 708.110).  The debtor’s examination allows the creditor to obtain an […]

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Appellate Court Holds Real Estate Agents May Sue For Commission Splits

October 14, 2015

By: Jeremy Danney Recently, a California appellate court ruled on the enforceability of commission-sharing agreements among real estate agents, which could have significant ramifications on how both agents and brokers share commissions earned for the sale of real property. The case, Sanowicz v. Bacal, 234 Cal. App. 4th 1027, involved a Plaintiff (“Plaintiff”) who was a licensed real estate agent that entered into an agreement to share commissions with the defendant (“Defendant”). At the time […]

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Junior Lienholders Beware of the Deed in Lieu

July 14, 2014

By: Michael A. Friedrichs A grant deed in lieu of foreclosure (“deed in lieu”) given by a beneficiary to a foreclosing lender does not merge with the foreclosing lender’s deed of trust.  For creditors with junior liens secured by real property, including contractors who file a mechanic’s lien claim that is recorded after a deed of trust, a recent court ruling on this issue confirms an often misunderstood area of the law. In the case, decided […]

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What is Better than a Pre-Judgment Writ of Attachment?

November 22, 2013

By Randolph W. Ortlieb and Sam Song A major concern collecting a business debt is whether the debtor has the assets to satisfy a money judgment and whether the assets will be available once a judgment is rendered for the creditor. The writ of attachment is a powerful tool to secure property of the debtor at the beginning of the case, in order to satisfy money judgment. What is an attachment? Attachment is a provisional remedy, […]

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