3125 Old Conejo Road

Thousand Oaks, CA 91320

(805) 230-2525

BLOG

Removing Cloud on Title Caused by Bankruptcy Filing

Posted on: March 17, 2014

We represented an investor who purchased real property at a foreclosure Trustee Sale on the same day that the property owner filed for Bankruptcy, without notice of the bankruptcy filing, which was not recorded. A few days later, our client recorded the Trustee’s Deed Upon Sale thereby perfecting title back to 8:00 a.m., the day of the sale.

Three months after the sale, the foreclosing lender first learned of the bankruptcy filing and recorded a Notice of Rescission of the Trustee’s Deed.  We filed suit to quiet title and brought a motion in Bankruptcy Court for orders that the automatic stay was void from the beginning – the order was granted.  With the Bankruptcy orders removing any threat of violation of the automatic stay, the foreclosing lender reissued a new Trustee’s Deed Upon Sale to our client, which cleared title so that our client could sell the property.

• • •

Misappropriation Trade Secrets – Unfair Competition

Posted on:

We represented a nonprofit sports league whose proprietary customer list was misappropriated by disgruntled executives. The executives left our client to form a competing league using our client’s customer list.  After filing a lawsuit and obtaining court orders for return of the email addresses contained in the list, we were able to settle the balance of the case with the defendants’ return of the full customer list and an agreement not to compete.

 

 

• • •

Defense of Petition to Surcharge Trustee

Posted on:

We represented a client who was successor trustee of a family trust.  Her siblings filed a petition alleging that she breached her duty as Trustee and asked the Court to surcharge her to the full extent of her inheritance under the trust.  After a bench trial, our client was ordered to reimburse the trust for the value of here private use of the trust property, but she did not forfeit her entire inheritance.

• • •

Marital Property Asset and Income Disputes

Posted on: March 7, 2014

Represented a wife whose husband owned several companies where the true profits and assets were obfuscated and hidden. We employed a forensic accountant CPA and conducted extensive discovery to uncover the true income and assets, which lead to a negotiated settlement. We also represented a husband who owns a business where all financial records are meticulously kept and all revenue is accounted for. Despite the transparency and full disclosure of financials, wife alleged husband’s income was five times higher than actual. We successfully defended our client by employing a forensic accountant CPA to audit the financial records and testify to the court as to the true cash flow available to husband.

• • •

Cancellation of Deed Obtained by Undue Influence

Posted on:

Represented wife who signed a quit claim deed to husband under duress. We sued for fraud and cancellation of the deed. At trial, the court found that the deed was the product of undue influence and a breach of the husband’s fiduciary duty to not take unfair advantage of our client.

• • •

Trust Dispute

Posted on:

Represented the Trustee of a Family Trust in structuring a sale of a trust asset, a commercial building occupied by the Trustee’s brother, who was hostile to the Trustee and not paying fair rent to the Trust for many years. We negotiated a full settlement that involved the Trust selling the commercial building to the brother with the Trust making an advance gift of brother’s inheritance for his down payment and carrying a note and deed of trust as part of the financing package.

• • •

Trademark Disputes and Filings

Posted on:

Represented local manufacturer who created a mark that was misappropriated by a distributor. We filed objections with the USPTO and then successfully negotiated an assignment of the mark to our client. We also represent many companies and individuals in applying for and obtaining trademarks.

• • •

Joint Venture Real Property Dispute

Posted on:

Represented developer of custom estate homes in dispute with his joint venture partner as to how the sale proceeds were to be split and how the developmental costs were to be allocated. Written agreements contained a number of ambiguities. After filing suit for declaratory relief, we mediated the dispute and obtained a satisfactory settlement.

• • •

Breach of Employment Contract and Corporate Fraud

Posted on:

Represented partner in manufacturing company, a minority shareholder who was squeezed out of the corporation by his partner, the majority shareholder, and wrongfully terminated. After extensive discovery and depositions, just before trial, mediation resulted in a satisfactory settlement sufficient to cover our client’s lost salary and buy out his stock.

• • •

Broker Fraud, Breach of Fiduciary Duty, Recovery From Bureau of Real Estate Under the Recovery Fund

Posted on:

Represented seller whose real estate broker manipulated loan documents and escrow instructions to obtain $50,000 of seller’s proceeds at the close of escrow. After obtaining a court judgment for our client, the broker filed bankruptcy. Since the judgment was uncollectable because of the bankruptcy, we successfully applied to the Bureau of Real Estate (DRE) for restitution under the Recovery Fund and obtained payment to our client.

• • •