Orange County Business Lawyer Blog
The law of easements in California can be complicated and confusing. However, understanding what an easement is and how it is acquired is important before purchasing or selling any real estate, commercial or residential. It could mean the difference between a painless transaction and an expensive mistake. What is an Easement? An easement is an interest in the land over which it is to be enjoyed. This is different from a “license” which merely gives a personal privilege to go onto someone else’s land for a certain purpose, but does not operate to create any ownership, title, or estate in… Read More
Business people often incorporate to protect their personal assets from business liabilities. The liability protection afforded by a corporation to its owners is not, however, available without completion of each of the legal formalities required to correctly form the business entity, and maintaining its structure. This article addresses some of the legal formalities found in the California Corporations Code required to correctly form a corporation in California. How Do I Form a Corporation in California? Forming a corporation involves more than merely filing Articles of Incorporation with the Secretary of State. At formation, there must be a meeting of the… Read More
What is Quiet Title Action in California? When two or more persons have adverse claims to the same property, any of the claimants may initiate a quiet title action to resolve the dispute. The purpose of the quiet title action is to eliminate an adverse claim to title and to establish, or “quiet”, the title to property in the name of one or more of the claimants. A “claim” includes any legal or equitable right, title, estate, lien, or interest in property or any cloud on the title. An “adverse claimant” is one who asserts an ownership interest in the… Read More
Debra Grimaila has been selected for the 2017 Irvine Small Business Excellence Award in the Real Estate Law classification by the Irvine Small Business Excellence Award Program. Various sources of information were gathered and analyzed to choose the winners in each category. The 2017 Irvine Small Business Excellence Award Program focuses on quality, not quantity. Winners are determined based on the information gathered both internally by the Irvine Small Business Excellence Award Program and data provided by third parties. About The 2017 Irvine Small Business Excellence Awards Program The Irvine Small Business Excellence Awards recognizes outstanding small businesses that serve… Read More
California Attorney Fee Recovery One of the most frustrating aspects of being involved in a legal dispute is the cost of paying your attorney. This article discusses some of the theories governing recovery of attorneys’ fees in a legal dispute. The legal right to recover attorneys’ fees is very limited in California and in the United States. There are two basic theories governing the issue: the “English Rule” and the “American Rule”. Each state in the United States follows one of these two paradigms, with exceptions to each particular state’s application of the relevant rule to a particular type of… Read More
What is a Security Interest In Collateral? A security interest in collateral is “perfected” by filing a UCC 1 Financing Statement. See California Commercial Code Section 9310. Section 9515(a) of the Commercial Code provides that a Financing Statement is effective for a period of five (5) years after the date it is filed. The effectiveness of a filed Financing Statement lapses on the expiration of the five (5) year period unless before the lapse a Continuation Statement is filed, which will act to renew the effectiveness of the Financing Statement for an additional five (5) year period. Using this method,… Read More
Irvine,CA – February 09, 2017 — Debra Grimaila has been selected for the 2016 Irvine Small Business Excellence Award in the Real Estate Law classification by the Irvine Small Business Excellence Award Program. Various sources of information were gathered and analyzed to choose the winners in each category. The 2016 Irvine Small Business Excellence Award Program focuses on quality, not quantity. Winners are determined based on the information gathered both internally by the Irvine Small Business Excellence Award Program and data provided by third parties. About The Irvine Small Business Excellence Awards Program The Irvine Small Business Excellence Awards recognizes… Read More
