A California appeals court has reversed a win for the Los Angeles Police Department, ruling that a trial court jumped the gun when it tossed a bias case from a bomb squad technician whose attorney failed to label her sexual harassment claim as its own cause of action.
The opinion recited a few basic legal concepts that apply to these types of cases:
A
“bona fide purchaser” for value who acquires his or her interest in real property without knowledge or notice of another’s prior rights or interest in the property takes the property free of such unknown interest.
But any purchaser with
actual or constructive notice of the prior interests takes the property subject to those prior interests.
Actual notice is “express information of a fact,” while constructive notice is that “which is imputed by law.”
Constructive notice of a lien or other interest in property arises from the proper recording of that interest. However, a bona fide purchaser has constructive notice of “only those matters that could be located by a diligent title search.”
January 8, 2021
By KAREN VELIE
The California Attorney General’s Office on Friday appealed a recent court ruling that disqualified the entire San Luis Obispo District Attorney’s Office from prosecuting local Black Lives Matter organizer Tiana Arrata and six others defendants involved in alleged criminal acts during a July protest.
The state filed two appeals, one in the felony case against Robert Lastra the protester who allegedly smashed a car window onto a 4-year-old boy and one in the misdemeanor filings against the remaining six defendants, according to the people’s notice of appeal. The state is asking the SLO County Superior Court to consolidate the two cases for the appeals to insure uniformity in the rulings.
Facts: LLC operating agreement left unsigned
Plaintiffs Yu-Jung Yao, Yuh-Yuan Sun, and Wen-Jye Yao sued Pro-Management Consulting and John Tu (collectively PMC) for breach of fiduciary duty, breach of contract, and other claims arising from their LLC relationship.
The plaintiffs alleged they were residents of Taiwan and became interested in seeking permanent residency for their family in the United States. PMC offered to provide assistance with the immigration process through a series of written agreements with the plaintiffs, including investment agreements and an LLC operating agreement. The LLC was formed for the purpose of managing and operating restaurants serving as investment targets for foreign nationals applying for U.S. residency through the EB-5 program.
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As the public pension community in California is well aware, on July 30, 2020, the California Supreme Court issued its landmark decision on vested rights and the constitutionality of legislative changes to public retirement statutes in
Alameda County Deputy Sheriff s Association, et al. v. Alameda County Employees Retirement Association, et al. (State Of California) (2020) 9 Cal.5th 1032 (“
Alameda”). See our eAlert from July 31, 2020.
Soon after issuing
Alameda, the Court dismissed two other petitions for review and sent the two felony forfeiture cases back to the courts of appeal with directions. One of the remanded felony forfeiture cases was