Pros and Cons of a Partition Action
When real estate property is left to multiple beneficiaries in a will, the parties often do not agree on whether to utilize or sell the property. The law provides a solution in these cases called a partition action. Under the California Code of Civil Procedure under C.C.P. 872.210, petitioning to partition is a legal right under the law. What is a Partition Action? There are two types of partition actions available in the State of California: “partition in kind” and “partition by sale”. A partition in kind action terminates each individual property owners’ interest in the real estate as joint owners and creates separate and divided portions of the property. A partition by sale action (also known as “succession”) sells
California Businesses Liable for Retaliation
The California Fair Employment and Housing Act (FEHA) prohibits any type of workplace harassment and discrimination of employees based on race, religion or sex. Under California law, employees have the right to report any kind of discrimination, harassment or illegal employment actions of their employer. An employer must not retaliate against an employee for exercising their rights under the law to report any illegal activity to a government agency, company human resource department or supervisor. Retaliation Claims Under California Labor Code Section 1102.5, an employee can sue their employer for retaliation if the following elements are met: The employee engaged in a protected activity of reporting their employer’s discrimination and/or harassment activity to an appropriate government agency, the company’s human
Facing Foreclosure in California – Civil Code Section 2923.5
If you are facing foreclosure on your home in California, it is no doubt a very scary and stressful time for you and your family. However, it is crucial that you know that you have legal rights during this process. Learning as much as you can about the foreclosure process can help you understand your rights, and determine which action is best to take for your specific situation. Under California’s Civil Code Section 2923.5, you have the right to receive notice from the lender to assess your financial situation and explore options in an attempt to avoid foreclosure. Foreclosure in California In most cases, a loan servicer or lender must wait a full 120 days (4 months) before officially starting
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