Lis Pendens on Constructive Trust Cause of Action A recent appellate court decision allowed a plaintiff to record a notice of lis pendens on rental properties based on a constructive trust cause of action. Shoker v. Superior Court of Alameda County, Super. Ct. No....
Dispute over Ownership of Real Property In the recent case of McMillin v. Eare, the Court of Appeal ended up reversing a trial court judgment involving a family and marital dispute over ownership of real property on the grounds that, inter alia, the judgment...
What is a Writ ? A writ can have many means. Most commonly, in the context of an appeal, a writ is a request for emergency relief from the court of appeal from an order from the trial court which is otherwise normally not appealable until the end of the case. It is...
Last month we interviewed Schorr Law’s lead trial attorney, Zachary Schorr, to catch up on how the courtroom has changed since the COVID-19 pandemic. We discussed what had changed since then, what had stayed the same, his experiences with using videoconferencing to...
In the recent 2021 case of Brown v. Montage at Mission Hills, Inc., the Fourth District Court of Appeal considered whether Civil Code section 4740 barred a homeowner’s association from enforcing a newly enacted prohibition on short term rentals. As discussed below,...
Can a regulatory taking claim be filed even if the claimant has failed to comply with all administrative procedures for seeking relief? According to the Supreme Court in Pakdel v. City and County of San Francisco, California, (2021), the regulatory taking claim is...
