What Happens At the End of an LLC’s Term?

In its operating agreement, a Limited Liability Company, or LLC, may specify a termination date or other event that will result in the dissolution of the LLC. On the termination date or occurrence of another specified event, the LLC is “dissolved” (Corporations Code section 17707.01(e)), with only limited powers to “wind up” its affairs (Corporations Code section 17707.04). Generally, after the dissolution has occurred, a certificate of dissolution must be filed with the California Secretary...

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Title Insurance: Why It’s Important and Why You Need It

Title insurance protects real estate owners and lenders from property loss or damage that could arise from defects in the title to the property, or damages due to liens and/or encumbrances.  Each title insurance policy is different, as each one will have different terms and conditions. For most types of insurance (such as car or health insurance), the insured generally pays a monthly premium to protect against potential future events. With title insurance, the insured...

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Mold Liability in Rental Properties

The discovery of mold on rental property usually means costly remediation and litigation between the tenant(s) and the landlord.  However, California is one of the few states that have taken steps toward establishing permissible mold standards.  California's "Toxic Mold Protection Act of 2001" authorizes the state's Department of Health Care Services (“DHCS”) to set permissible levels of indoor mold exposure for sensitive populations, which include children and people with compromised immune systems.  The California law also allows the DHCS...

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Constructive Eviction in Commercial Leases

California law provides tenants with a right of quiet enjoyment of the property they are renting. This right requires a landlord to ensure that tenants’ use and enjoyment of the property will not be disturbed. The right to quiet enjoyment is heavily protected in residential lease agreements and cannot be waived.  However, the right to quiet enjoyment may be waived in commercial lease agreements, and therefore  showing constructive eviction in commercial leases is often more...

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