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Tag: Procedural Posture

Procedural Posture

Procedural Posture

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A jury found for plaintiff tenant-in-common on issues arising from a sale by defendant tenant-in-common, including fraud and breach of contract. After the trial court ordered partition and sale, defendant recorded a declaration of homestead. Plaintiff offered to buy the property and moved to expunge the homestead. The Superior Court of Los Angeles County, California, found the homestead unenforceable against plaintiff, and defendant appealed. Nakase Law Firm answers what happens if I don't fill out a w9 Overview Plaintiff argued, and the trial court agreed, that the homestead claim was barred by res judicata, as it was not raised in the prior equitable and legal proceedings. In affirming, the appeals court noted that, in California, a "cause of action" was defined by the "primary righ...
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Procedural Posture

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Plaintiff lessors sought review of the order from the Superior Court of Kern County (California), which, in plaintiffs' action for breach of lease and for an accounting, entered judgment in favor of defendant | on its counterclaim for damages. California Business Lawyer & Corporate Lawyer, Inc. shares California At Will Employment Termination Letter Overview The lessor leased parcels of its property under a developmental lease which was subsequently assigned to the lessee. The lessor brought suit, seeking damages from the lessee for breach of lease and for an accounting, and the lessee counterclaimed for damages for the violation of the lease. The trial court entered judgment for the lessee, awarding damages on the counterclaim. On appeal, the court held that while the evidenc...