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L+G Newsletter - November 2016
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L+G, LLP will be closed for the holidays on the following dates:
Thanksgiving: November 24-25th
Christmas: December 23-26th
New Years: January 2nd
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The Basics of Litigation Guarantees
The purpose of this article is to provide a basic, stripped down understanding of the Litigation Guarantee. While Litigation Guarantees are a complex Title Insurance and Policy mechanism, and extremely important in litigation involving real property and land use, we can distill the concept to its most basic principles.
Some of the most commonly litigated disputes involve claims to real property. Whether the issue involves a foreclosure, an easement dispute, or an action to quiet title, the determination of a party's rights and remedies with respect to real property and land use are consistently popping up on California's Central Coast and through the state.
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When you ask the Courts to determine what your rights are with respect to a piece of property, one of the most important preliminary requirements is personal jurisdiction. Generally, a Court can only bind the parties that are actually named in a lawsuit. By way of an example, if Persons A, B, and C own a neighboring parcel that is burdened by a recorded roadway easement in your favor, and they erect a fence preventing you from using your roadway, you may have to sue them to prevent them from quieting your interest in the easement. If you only name Person A and Person B in our lawsuit, even if you win, your victory is meaningless as to Person C, who was not a named party in the Lawsuit. Therefore, it is of the utmost importance that early on in the litigation process, you determine the identity of all the possible parties who could claim an adverse interest in the real property in dispute.
There are two main ways to determine the proper parties to be named as defendants in a real property lawsuit. The first option is to head down to the county hall of records and research the entire chain of title of the real property at issue to find and track the interests through history. The other option is to have your attorney work with a local title company to purchase a Litigation Guarantee, which will show the vested interests in the real property at issue. The title company will typically require an explanation of the factual and legal basis of the particular dispute for which the litigation guaranty is to be issued so that an accurate and precise Litigation Guarantee can be generated, detailing all parties who may claim an interest in the property, as well as any defects or encumbrances.
In many ways, a Litigation Guarantee can be thought of as an insurance policy, insuring that you, as Plaintiff, have named all the necessary and appropriate parties in your lawsuit, and all of the requisite information relating to the property is obtained upfront, ensuring (and insuring) that any judgment you receive is binding and effective. At L+G, LLP we have experience counseling clients in real property disputes and the importance and process of Litigation Guaranties, particularly with their place in litigating real property disputes. If you have a matter involving a real property or land use dispute please call to schedule a consultation.
Matt Rankin is an associate attorney at Gilles, Rosenthal, Johnson, Rovella, Retterer & Sullivan, L+G, LLP Attorneys at Law, with experience in litigating land use and real property disputes.
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Count Your Blessings!
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Paul Rovella
Partner
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"I was recently asked by a friend if I was truly happy doing what I am doing where I am doing it. It's a question I get a lot and I don't know what was different about this time, but I've thought about that question a lot more than usual.
"I've come to the conclusion that I am truly happy practicing law with my colleagues at L+G and helping the people, businesses, and agencies of the community that my family has called home for 5 generations and counting. There is no place I would rather be. There is nothing I would rather be doing. And there is no one I would rather do it with or for. And for that, I am truly grateful."
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L+G Client Testimonial
Kim Morgan, Director
UBS AgriVest LLC
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"I am writing to let you know how impressed I am with your firm in regard to the food safety litigation that you handled for us. I do not think that anyone at our company was necessarily prepared for the food safety litigation in which we were involved several years ago. In working with your firm to resolve the litigation, I received practical and timely advice and solid legal recommendations that helped us to finally settle the various lawsuits.
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"You and your attorneys have always been available to help, even in the evening and on weekends.I am writing to let you know how impressed I am with both your firm and with Patrick Casey in particular. Patrick has now assisted me with 3 different agricultural real estate transactions, all of which have been complicated and challenging transactions. I have worked with your firm since 1990 and specifically with Patrick since 2007.
"The most recent transaction involved the purchase of 1,100 acres of prime agricultural ground for approximately $45,000,000. This was a complicated purchase that involved (i) a short due diligence period and hard closing date; (ii) the review and negotiation of amendments to the leases with the current tenants; (iii) negotiating with the seller about a post-closing lot line adjustment; (iv) addressing CSIP water and well issues; and (v) analyzing potential liability for certain leases and permits. Patrick provided prompt and thorough legal research and solid recommendations throughout the process. For example, I called Patrick one morning asking that we meet as soon as possible to review the proposed purchase agreement. Two hours later, I was in his office going over the agreement and that afternoon Patrick was revising a draft to send to the seller. Patrick was able to establish the trust of the Seller and their attorney which greatly facilitated getting the deal done while fully protecting our interests in purchasing the property.
"I would use your firm and specifically Patrick for any real estate transaction for which I need help in California. I give him my highest recommendation and look forward to working with him again soon."
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Count Your Blessings!
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Jeff Gilles
Partner
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"I have rarely seen, maybe never, a business-of which I include our law firm, L+G,LLP-which has the great mixture of professionalism, camaraderie, loyalty and fun exhibited by my fellow employees at L+G,LLP. As the founder of this business, I am truly blessed and grateful for each one of you and your contributions to our success."
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Mark your calendars! L+G, LLP Attorneys at Law invites you to wear red in honor of National Wear Red Day!
Celebrate National Wear Red Day with Go Red For Women on Friday, Feb. 3, 2017 to help fight women's No. 1 killer-heart disease.
The legal team at L+G, LLP Attorneys at Law
will be wearing red all day! The law offices will also be hosting a National Red Day Benefit at
Zeph's One Stop
located at 1366 South Main Street in Salinas on Friday, February 5th, 2016 from 5 - 6:30 p.m. The legal team at L+G, LLP Attorneys at Law will be wearing red all day! The law offices will also be hosting a National Red Day Benefit at Zeph's One Stop located at 1366 South Main Street in Salinas on Friday, February 3rd, 2017 from 5 - 6:30 p.m.
Wear red, make a $20.00 donation to the American Heart Association and the team at L+G, LLP Attorneys at Law will treat you to a glass of red wine and nibbles at Zeph's One Stop. Additional glasses of wine can be purchased throughout the event.
Heart disease is the No. 1 killer of women in the United States, causing 1 in 3 deaths each year. For more than 10 years, the American Heart Association has sponsored National Wear Red Day® to raise awareness in the fight against heart disease in women.
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Bob Rosenthal
Partner |
Count Your Blessings!
"I count my blessings that I have three wonderful sons and three wonderful step children, each presently happy, healthy and economically self-sufficient!"
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L+G at the Central Coast Heart & Stroke Walk!
On October 22nd, L+G participated in the American Heart Association Central Coast Heart & Stroke Walk. Our team raised more than $1,500 toward the event's total of more than $91,000!
We had a great time, got some exercise and enjoyed a beautiful day. Most importantly, we did our small part in helping the American Heart Association fund its goal of reducing death and disability from heart and cardiovascular disease by 20 percent by 2020-a cause we care about deeply about at L+G.
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Join us on Facebook!
Win a mug and something to fill it with.
Isn't it about time we became Facebook friends? We'll be awarding one of our beautiful L+G mugs and a $25 Starbucks card to one lucky friend who likes our Facebook page during the month of November.
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