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California Business Litigation News

Disregarding Company Separateness Cancels Loan

In Mountain Air Enterprises, LLC v. Sundowner Towers, LLC, decided on July 31, 2017, the California Supreme Court upheld a Marin County trial court decision, that the integration clause in an agreement between the plaintiff and the owners of a company, cancelled a...

Employee versus Independent Contractor

Businesses are examining the option of treating the people who do the work for them as independent contractors and not employees. Independent contractors can be denied most of the protections the law provides to employees. These include, but are not limited to,...

Call Your Lawyer Fast

If you are injured by someone, your property is damaged, or someone breaches a contract with you, call a lawyer immediately. Even though the statute of limitation for personal injury and property damage is 3 years, and for breach of contract is 4 years, if one of the...

Own Rental Property as an LLC

You should own their commercial rental property in a limited liability company to protect your other assets and savings from claims and liability for the actions or omissions of tenants, contractors and others. All sophisticated and well-advised owners of real estate...

Supreme Court Rules On Dual Agency

This morning, November 21, 2016, in a unanimous decision, the California Supreme Court re-affirmed that when the real estate agent for the seller and the separate real estate agent for the buyer, both work for the same real estate brokerage company, then they both are...

Deed of Trust Sham Guaranty

If a borrower for a loan secured by commercial real property applies for the loan in the person's own name, the lender is likely to insist that the property and the loan be in the name of a Single-Purpose-Entity (SPE). The lender does this in order to qualify for...

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