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California Real Estate Law Questions & Answers
1 Answer | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for California on
Q: I'm renting a house and was given a notice of intent to record by the city what does it mean for the renter

House was almost foreclosure I'm here with permission to fix house of damages and live in house

James L. Arrasmith
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answered on Dec 11, 2024

Under California law, a Notice of Intent to Record typically means the city is planning to file an official document about the property's condition, usually due to code violations, unpaid taxes, or other issues. This notice becomes part of the public record and can affect the property's... View More

1 Answer | Asked in Real Estate Law, Civil Rights, Landlord - Tenant and Legal Malpractice for California on
Q: stipulation, signed without the plaintiff or their legal representative’s. only signed by broker-less manager?

Unlawful Detainer (UD) filed by property owners through unlicensed property manager using fraudulent DRE credentials. Key issues: manager operated illegally, misrepresented broker licensing, signed rental agreement without legal authority. Complaints filed prior to UD with DRE, Fair Housing... View More

James L. Arrasmith
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answered on Dec 11, 2024

A stipulation in California generally requires signatures from all parties or their authorized representatives to be valid and enforceable under CCP §664.6. The absence of signatures from the plaintiff or their legal representative raises serious questions about the stipulation's... View More

1 Answer | Asked in Business Law, Real Estate Law and Construction Law for California on
Q: I paid for a business permit that was approved to change business type . Zoning the same . Not a conditional use permit.
James L. Arrasmith
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answered on Dec 8, 2024

For legal matters involving business permits, it's crucial to understand the specific context and timeline of your situation. Your approved permit for changing business type, with consistent zoning, forms the foundation for your business operations.

If you're encountering issues...
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1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for California on
Q: Fraudulent concealment, breach of fiduciary duty, conflict of interest, and conspiracy.

Dear Sir/Madam. I need pro bono legal help to address breaches of fiduciary duty in my late mother’s trust. Key issues include failure to lodge the will, improper property transfers, commingling of funds, failure to establish the required Special... View More

James L. Arrasmith
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answered on Dec 6, 2024

This situation involves serious potential trust violations that warrant immediate legal attention. The issues you've described - including failure to lodge the will, improper transfers, fund commingling, and accounting irregularities - are significant red flags that could indicate breaches of... View More

1 Answer | Asked in Real Estate Law, Business Law, Elder Law and Land Use & Zoning for California on
Q: Can you confirm that Civ. Code 4710 “owners separate interest” allows Political signs to remain without a removal date ?

I live in California within a 55+ CID or Common Interest Development HOA (under HOPA).

James L. Arrasmith
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answered on Dec 6, 2024

California Civil Code Section 4710 specifically addresses political signs in common interest developments, but it doesn't give unlimited display rights. While the law protects your right to display political signs, HOAs can establish reasonable restrictions, including time limits for removal... View More

1 Answer | Asked in Family Law, Real Estate Law, Civil Litigation and Probate for California on
Q: In California are people protected against fraud committed by family member??

I have evil sister & her husband who committed fraud by changing my parents deed to their house without their consent ongoing elder abuse threatened my parents lives including myself to kill us. Now she managed to kill my mom then my dad and now I'm in fear of my life.i have reported this... View More

James L. Arrasmith
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answered on Dec 6, 2024

This situation sounds extremely serious, and you should immediately document everything and seek legal representation - California has strong laws protecting against elder abuse, fraud, and theft of property.

You have multiple legal options available: you can file civil lawsuits for fraud,...
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1 Answer | Asked in Real Estate Law for California on
Q: How to record Prescriptive Easement for driveway Part 2

Background:

I have been in my home for over 30 years. The previous owner put in a driveway. (about 40 years ago).

Next door neighbor who moved in 25 years ago decided to recently survey the property. Survey shows my driveway is on their side by 3ft. Neighbor has verbally agreed to... View More

James L. Arrasmith
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answered on Dec 6, 2024

Given your 30+ year history of open and continuous use of the driveway, you likely have a strong claim for a prescriptive easement under California law, even without your neighbor's agreement. The key elements - open, notorious, continuous, and hostile use for over 5 years - appear to be met... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: I just found out today my Roomates was going thru eviction and I was never notified

My mom had dementia I was taking care of her sending my Roomate money unfur my mom passed Aug 30 and today I just found out she was going thru evicition and she lost I want to do an xparte for Monday to have atleast time to take my stuff out and remove the eviction I been truism to text landline... View More

James L. Arrasmith
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answered on Dec 6, 2024

You're in a difficult situation that needs immediate legal attention. Filing an ex parte motion for a temporary stay of eviction is a good first step, as it could give you the time needed to gather your belongings and protect your rights.

Since you're the head of household on the...
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1 Answer | Asked in Real Estate Law and Probate for California on
Q: What form do I file to stop a TOD from going into effect
James L. Arrasmith
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answered on Dec 5, 2024

To prevent a Transfer on Death (TOD) deed from taking effect in California, you'll need to file a revocation form with your county recorder's office.

The process requires you to complete the revocation form, have it notarized, and file it in the same county where the original TOD...
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1 Answer | Asked in Real Estate Law and Probate for California on
Q: What form do I file to stop a TOD from going through?
James L. Arrasmith
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answered on Dec 5, 2024

To prevent a Transfer on Death (TOD) deed from taking effect in California, you'll need to file a revocation form with your county recorder's office.

The process requires you to complete the revocation form, have it notarized, and file it in the same county where the original TOD...
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2 Answers | Asked in Contracts, Real Estate Law and Small Claims for California on
Q: Is an offer made via email binding, if a subsequent paper agreement was executed with a term omitted.

Landlord: Michael Just to clarify you agree to move out tomorrow 11/8/24 if I return your prorated rent for the remainder of the month, and your security deposit after inspection of the room (as explained in the rental agreement), and you will not pursue legal action. Is that correct.

Me:... View More

Jonathan Kintzele
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answered on Dec 5, 2024

The subsequent agreement will govern, and you can likely be even more confident that this is the result by reviewing the subsequent agreement for an integration or "whole agreement" provision. This provision is likely to be in most formal agreements (this is more likely if attorneys... View More

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1 Answer | Asked in Real Estate Law for California on
Q: My brother and I name is on the grant deed of the house. I want to take my name out using Quit Claim Deed. Does my

brother have to pay tax or tax property increase. He is still on title of the house.

James L. Arrasmith
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answered on Dec 5, 2024

When you remove your name from the grant deed using a quitclaim deed, your brother should not face an immediate property tax reassessment since he was already a co-owner on the original deed. This transfer falls under California's exclusion for transfers between siblings.

However, your...
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1 Answer | Asked in Real Estate Law for California on
Q: My brother and I are on the house deed. I want to take my name out by doing a quit claim deed.

Does my brother have to pay property tax. His name is still on the grant deed. I only want to take my out.

James L. Arrasmith
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answered on Dec 5, 2024

Yes, your brother will still need to pay property taxes after you remove your name through a quit claim deed. The property tax obligation follows the property itself, not individual owners.

When you file a quit claim deed to remove yourself, it doesn't change the fundamental tax...
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1 Answer | Asked in Real Estate Law for California on
Q: My brother and I are on the house grant deed. I want to take my name out by doing a quit claim deed, My brother

still on the grant deed. Is this a change in title? I am trying to avoid paying property tax.

James L. Arrasmith
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answered on Dec 4, 2024

Removing your name from the deed through a quit claim deed would indeed constitute a change in title in California. This transaction would be considered a transfer of ownership interest, even though your brother remains on the deed.

Under California law, this type of transfer typically...
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1 Answer | Asked in Real Estate Law and Business Law for California on
Q: If a writ is not responded to- is it better to file my Noticed Motion now or wait until a motion to compel is granted?

I filed a writ of mandate (California) against my HOA for not providing access to some documents. It is now 20 days past the time limit for the HOA to respond to the writ. I also filed a discovery request requesting some internal emails from the HOA to help reinforce key aspects of my complaint.... View More

James L. Arrasmith
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answered on Dec 3, 2024

In this complex HOA situation, you're dealing with two parallel issues: the unanswered writ of mandate and the discovery dispute. From a strategic perspective, pursuing both paths simultaneously could strengthen your position, as the HOA's failure to respond to the writ might indicate a... View More

1 Answer | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for California on
Q: Is there any point to going into court with a lawyer at this point? Why not just finish the started case and hope....

My brother has been trying to divorce for quite awhile now. He is hoping to retain another lawyer who will take payments, since his has decided to ask for a second retainer because of a delay going to court and he does not have the lump sum nor a CC that he can use. He works full time but his... View More

James L. Arrasmith
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answered on Dec 1, 2024

Your brother's situation highlights several important legal concerns that deserve careful attention. Going to court with proper legal representation is crucial, especially given the complexity around the inherited property and quit claim deed situation.

The pressure your brother faced...
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2 Answers | Asked in Criminal Law, Real Estate Law, Civil Litigation and Civil Rights for California on
Q: Is electrical harassment legal or illegal

My neighbors been using l.r.a.d to harass my family or electronically torture

Robert Kane
Robert Kane
answered on Nov 30, 2024

You can contact the police if your neighbor is using a long-range acoustic device (LRAD), acoustic hailing device (AHD) or sound cannon to harass your family.

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2 Answers | Asked in Real Estate Law and Insurance Bad Faith for California on
Q: Does a homeowner have a duty to remove a hazardous tree?

Neighbor is limiting the use of my driveway. I cannot park where I want because of a hazardous tree.

A homeowner on my street, has a hazardous tree he refuses to remove (a very large dead Modesto Ash). The ground at the base of the tree can be seen lifting up during windstorms. When the... View More

William John Light
William John Light
answered on Nov 29, 2024

Call the City. There is probably an ordinance or code that is being violated., Or, offer to split the cost of removal.

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: My homeowner is stealing my mail with a double address.

Help mehhhh

James L. Arrasmith
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answered on Nov 29, 2024

Mail theft is a serious federal crime, regardless of the method used. If your landlord is deliberately using a duplicate address to intercept your mail, they are violating federal law under 18 U.S.C. § 1708, which carries penalties including fines and potential imprisonment.

Your immediate...
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1 Answer | Asked in Real Estate Law for California on
Q: I put all the down payment on my home.I didn’t have good credit.But,I had a co-signer..Can I move out and charge rent?
James L. Arrasmith
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answered on Nov 27, 2024

Your situation with the co-signer and down payment raises important legal considerations.

The key factor here is whose name appears on the title deed of the property, not just who made the down payment or who has better credit. If you're listed on the title deed, you have rights as an...
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