Procedural Posture
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...