Are Motorcycles Covered Under California Lemon Law?

When you buy a motorcycle, either from a previous owner, or from a dealer, you expect to run properly. Having to repair the vehicle on and on should make you a bit suspicious. Failing to properly function after a consecutive number of repair attempts is a clear sign that you deal with what is commonly known as a "lemon". We know that there are specific consumer laws regarding lemon car in California, but does the law also cover lemon motorcycles?

Yes, motorcycles fall within the scope of California's Lemon Law. If you have had promised warranty repairs or excessive time in the repair shop, then you should call a lemon law lawyer for further assistance. California law covering motorcycles, trailers and boats is a bit different that the law covering cars. Under the California Lemon Law, motorcycles are covered by Civil Code section 1793.2 (d) (1) which covers "consumer goods."

Consumer goods are covered by lemon laws if they are sold with a written warranty and they are bought for personal or household use. Just like cars, consumer goods must be subjected to a reasonable number of repairs before being declared "lemons". But, unlike cars, a manufacturer can repurchase the product or replace it in order to fulfill its obligations under the California's lemon law. The good news is that the found defect need not "fundamentally impair the use, value or safety", meaning that you can recover your money even for some minor defects.

Typical defects compromising the safety of driving a motorcycle, making lemon cases stronger than in the case of cars. It is important to collect as much of the repair documentation as possible. They will support your claim and will allow you to settle the claim faster. Also keep track of accidents during operation of the bike is also helpful. Sale documentation and warranties provided at the time of sale can again make a claim stronger and easier to obtain a refund.

Owners of faulty, lemon motorcycles can ask for a replacement motorcycle or a full buyback. The latter will include:

• Full motorcycle price or paid monthly payments and down payment
• Registration fees
• Sales tax
• Incidental damages
• Vehicle rental cost and towing reimbursements
• Attorney`s fees

However, a small amount of money may be calculated and deducted from the repurchase costs, The sum of money is based on the mileage that the motorcycle was driven for prior to the first problem.

Growing up on a farm in Delaware

Growing up on a Delaware farm was a wonderful and rewarding experience for me.

I grew up in an area where several families of hundreds of square kilometers had been cultivated, married and they were a stable community for centuries, along the Delaware Rout One north of Lewes.

In my first youth, I grew up in a farm where we had 33 cows, 18 beans twice a day, 3 horses, some hens, 60 hectares of corn, straw and grass. It was a farm that my maternal grandparents had. There were barns, tractors, long hours and Sundays in the church. We cultivated maize, hay and grass. We had a large garden and some fruit trees. We have hunted, forged and we grow what we ate and used in most cases. Duck, goose, dove, mussel, fish, crabs, peas, wild boar, mustard mushrooms, sprigs, wild garlic, onions, persimmon, wild cherry, wild strawberries, cranberries, figs, mint, wild carrots, herbs and spices wild .

We had a good amount of beef, chicken, milk, cream and our own homemade butter, as well as at least two types of handmade soap. We cooked on a stove that also warmed the house. I slept with down duvets and feather beds of more than a hundred years. We had a bit of a coal oven, but the charcoal was expensive and that was only for the coldest times. We had electricity and a phone too. We threw and made corn shell, some of which we traded with neighbors of pork, beef or turkey.

I lived on my grandfather's farm and my grandfather also lived with us. My grandmother and grandmother were professors. I taught myself, I taught and encouraged to read several hours a day. The house was full of old books and I was the only student I had at home. In the attic books were delivered through the family from 1500 and 146 and since then. We lived on earth, some of which had been in family ownership for hundreds of years and now they are divided from thousands of hectares to small fish. We lived the same way as people who lived in the late-1800s and early 1900's. However, we had a telephone and TV, none of which was used a lot.

My grandfather taught me a lot; for milk from cows by hand and for the machine and much more. I palliated tons of deodorant fertilizer, I fed cows and horses and learned to carpenter, to make tools and to repair things. I learned to do it and move on. I learned to fix the harness, to make pineapple resin from the local trees and mix it with wax bees to treat the homemade wool thread that was used to repair l & Harness I learned to do minor surgery in animals, such as castration, disappearance, and at least once I helped pull an infected tooth in a cow. I learned how to make my own knife at 4 years old. By 5, he was going to drive the old Ford. At 6, I could drive the tractors and the truck. At 7 o'clock, I could work a full day in the field driving the largest tractor that the father had.

The father bought the adjacent farm when he was five years old and later bought several adjacent or nearby farms and wood floors as it was available. He later owned and rented more than 3,000 acres at the time I left the farm. We lived well from the father's worked work and advanced techniques.

My grandparents were not very modernized. The father was not a regular person at the time. He was between 20 and 50 years before his time in agriculture. I helped the father's farms once I started school. At eleven I worked at least 20 hours a week during the school year, often 40. At 12 years, my summer weeks were typically 60 hours or more and sometimes more than 100 hours. I tried to go from 120 to 130 hours a week for the added money. Many nights I slept in the dirt, in the field, to remove home from sleeping so I could make more money. I learned to go to sleep in seconds and go up, dress and work in less than four minutes when I slept at home.

In the summer, when there was no school, and paid for the long hours I worked, I achieved considerable income even in the low hourly salary. I have saved most of that. I did not have much time or opportunity to spend it. As a teenager, I did more, many months than some older men in our area and I had few expenses. We have not worked all the time, but we have enjoyed work. I do not remember anyone who did not want to work. I managed to do the most difficult and less popular works, mainly carrying hay and irrigation. Doing the hardest jobs gave me job security. We went on Sundays to go to the small church in the country that our family founded and built on the farm. We have worked hard and have loved the work and life that won us.

The father, before his time, had irrigation, high density crops, unprocessed agriculture, airplanes to spray crops and used all available or proven experimental or modern technology or techniques. As a young man, I was accustomed to the father being on the cover of a magazine almost every month. Some of the things that pioneers helped 30-40 years ago are becoming normal and normal now, some will be more common later.

Dad grew his farm from nothing and, when he was a teenager, cultivated more than 3,000 hectares, seeking to benefit from economies of scale and mechanization. Smaller farmers were often far less than the minimum wages in the 1970s. It rented thousands of agricultural land hectares, but also had many hundreds of hectares of agricultural land.

I'm sure I miss the rural agriculture I grew up in. We decided, many years too late, to sell most of our agricultural land under development when the government decided to farm peasants, farms and agricultural products. First, it was the national market for agricultural commodities with a crop after another and then in the international market with corn, wheat, soy is discredited with Russia and China & # 150; where our government was hired to feed the USSR and China for decades with our agricultural products. This contractual agreement multiplied the need and value of American agricultural products.

The odor of diesel fuel can be the odor of life in some cases. I also do not like the smell and, after 7 years, I pumped a lot on our tractors and burned them for a long time while driving these tractors. It's probably a kind of illegal activity that allows kids to work today on the farm. There was much more diesel in the air before the developments were here. Tractors have disappeared for the most part. And the people of the city rarely wake up later. Our democratic interests do not allow any manufacturing here in Sussex, so we do not have a support base for high revenue. The highest revenue occupation we have is the banking occupation and outsourcing manager. Apart from that, we have self-employment, we expect tables, minimum salaries and income based on production, and it is not usually agricultural. We have few people, few people who have been able to stay here and serve non-agricultural interests. Few remain that are still on the farm and those few have other income, an extreme subsidy from the government with our dollars of taxes of some type or that will go soon.

Copyright 1999-2005 by

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California Motorcycles Lemon Law

Buying a motorcycle can be a really thrilling feeling. But your new ride can quickly go from being a beautiful dream to becoming a nightmare if you are immediately faced with repeated mechanical problems, safety issues, and repairs. After repeated attempts to repair it, you finally give up and conclude that you bought a faulty vehicle. This is typically called a "lemon". The next question that comes up after that is "Will I get my money back?". Do not worry, there are special lemon laws in every state, including California. If you live in this sunny state and you have sadly concluded that you bought a lemon motorcycle, read the following paragraphs.

First of all, you should know that there are many "lemon" attorneys in California and they are more than willing to help you solve the case.

California lemon legislation covers motorcycles. However, the law covering motorcycles, trailers, and boats is a bit different that the law covering automobiles. Under the California Lemon Law, motorcycles are covered by Civil Code section 1793.2 (d) (1) which covers "consumer goods." The lemon law covers consumer goods with a written warranty.

In order to qualify as a lemon, the motorcycle must undergo a reasonable number of repair attempts. If the problem (s) persist, then we have a lemon. Keep notes of all repair attempts and gather all repair bills. Then, provide all documents to manufacturer or dealer and ask for repurchase.

Furthermore, the defects covered for consumer products need not "substantively impair the use, value, or safety" of the product. The legislation was designed keeping in mind the safety of the rider. And even defects that may seem minor qualify a motorcycle for repurchase. Lemon law claims involving motorcycles stronger and easier to handle than auto claims, due to the nature of the product and strong safety concerns.

As we said before, it is essential to keep track of all documents, notes and bills. It is also important to not waste time. You can only report a lemon within a certain time frame after you've bought the motorcycle, and only before your odometer hits a certain number of miles.

It is recommended to find a lemon law attorney when facing such problems. California Lemon Law requires the manufacturer to pay for your attorney fees. Motorcycle Lemon Law is a highly specialized area of ​​law that requires the experience and expertise of a specialized lawyer.

Delaware statutory trustees

A Delaware Statutory Trust (commonly referred to as DST) is, as its name implies, a legal entity created as a trust under Delaware state law. A DST is created for real estate investment purposes, and is especially useful in an exchange of 1031.

Under a DST, investors have a share of their own DST. The DST, in turn, holds the title of several real estate interests and distributes the income received from the properties (either through rental income or the sale of the property) to investors in proportion to their participation in the DST.

The DST, through its signatory employer, makes all decisions related to any property that maintains the trust, releasing the investors of this responsibility. One important thing to note from a DST is that trust is not considered a taxable entity, so profits or losses are passed on to trusted investors.

When it comes to changes in 1031, the IRS has determined that any interest in the benefit of the DST is considered to be identical to a direct interest in real estate. This means that the properties of DST meet the requirements for 1031 exchanges, as long as the other requirements of this change are met.

For investors who do not seek responsibility for day-to-day management and the decision-making authority related to real estate, a DST can be an excellent choice.

Benefits of a DST

One of the main reasons why investors are so interested in buying an interest in a DST is the benefit of having securitized real estate. However, a DST also provides other benefits to investors.

Removes a requirement for unanimous approval

Unlike a joint tenancy property (TIC) structure, a DST does not require the unanimous approval of all investors to make decisions related to the maintained real estate. For example, the economic environment required the fast sale of a real estate property held by the DST, the decision making authority to enumerate or sell the property falls on the signing standards of the DST in accounts of the investors themselves.

Limited civil liability

Due to the "bankrupt distance" provision of each DST, individual investors have limited liability with respect to their personal assets. If the DST fails and goes bankrupt, the most at risk for any individual investor is their investment in trust. Trustees are limited to any other assets of any investor.

Simplified financing

In order to finance purchases by the DST, lenders deal with DST as a single borrower (instead of scrutinizing each and every individual investor). This makes financing easier and less expensive to obtain. In the same way, because the individual investor is not subject to a credit selection, his individual credit rating will not be affected by the participation in a DST.

They have eliminated the loan requirements burst

Since the rights of a DST investor are limited to receiving only dividends and the investor does not have a voting authority related to the daily operations, they eliminate the fraudulent eliminations of investors for investors individual Any lender will only look at the trustee of the signal or the sponsor for these provisions.

Minimum minimum investment

A DST allows up to 499 individual investors, which allows the minimum investment amounts to be much lower than those of a TIC (which only allows up to 35). This allows investors with less investments to continue participating in a shared ownership strategy for real estate investments.

Risks of a DST

A DST offers investors a wealth of benefits that are not found in other types of ownership of real estate investments. However, the DST does not come without risk, like any other investment.

One of the biggest risks to keep in mind is the dependency of a sponsor of the program to manage the investment. Unlike a TIC, where individual investors have a direct opinion, investors on a DST resign from the day-to-day decision-making authority of the sponsor of the program. This means that the sponsor of the program makes conflicting decisions or becomes insolvent, the DST could fail without any significant contribution from individual investors.

In addition, as with any investment, there are risks related to taxes associated with the use of a DST for 1031 exchange purposes. Although DST are often ideal for this purpose , there is no guarantee regarding the IRS. There is always the possibility that the IRS does not approve the DST structure or a 1031 specific exchange.

Although the benefits of a DST tend to overcome the risks, it is wise to have a full understanding of both when deciding whether to participate in a DST.

Source by Alexander Thorston

Sexual Harassment Law Information – Statue of Limitations in California

An administrative complaint must be filed with the California Department of Fair Employment and Housing (DFEH) within ONE YEAR of the date of the last incident of sexual harassment, although this period may be extended up to 90 days if the injured victim first obtained knowledge of the facts of the harassment after expiration of the one year period from the date of the occurrence (Cal. Gov. Code Section 12960).

After filing a complaint with the California DFEH, in order to protect a victim's right to sue in Federal Court, the victim has 300 days from the date of the last incident of harassment, or 30 days after receiving a notice of case closure from the DFEH , which is earlier, to file a charge of discrimination with the EEOC (Title VII of the Federal Civil Rights Act of 1964, 42 USC Section 2000e-5 (e) (1)).

However, a victim of sexual harassment in California has only 180 days from the date of the last incident of harassment to file a charge of discrimination with the EEOC to protect their Federal right to sue if they do not file a complaint with the California DFEH ( Title VII of the Federal Civil Rights Act of 1964, 42 USC Section 2000e-5 (e) (1)).

After a claimant files an administrative complaint with the DFEH and / or the EEOC, and after the claimant gets a right to sue letter, then the claimant must file a private civil law within the time specified in the right to sue letter, which is within one year of the date of a right to sue letter from the DFEH, or within 90 days of the date of a right to sue letter from the EEOC.

If an administrative claim to the DFEH or the EEOC is not filed within the time period provided by the applicable statute of limitations, then the case is subject to being forever barred by the courts. If a sexual harassment victim does not file an administrative complaint within the required amount of time, then that victim will not be able to move forward with a lawsuit.

Timing can be cruel when filming a sexual harassment lawsuit. It is important that victims of sexual harassment know that there is a time period or statute of limitations in which they must file a complaint with the DFEH or the EEOC. A common mistake of sexual harassment victims is to wait too long to contact an attorney. This can result in a missed opportunity to file a complaint and a lawsuit.

5 Best Casinos In Southern California

When traveling to California there is always that breath of excitement you take before setting foot on the Golden State, the trill of running around free in the wild wild west. Southern California offers various pleasures to people from all walks of life, this sunshine sees no color and everyone gets love.
In Los Angeles and the surrounding cities you can certainly find something that gets your jollies going, no matter if you are a theme park enthusiast or a strip club connoisseur.
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-We got it.

I have a couple friends who love to gamble at casinos across California, so I’ve asked them which are the top 5 best casinos to visit while in Southern California.
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Here’s the list of 5 best casinos for your 2017 travel

5. Hawaiian Gardens Casino

Located at 11871 Carson St, Hawaiian Gardens, CA.
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Hawaiian Gardens Casino recently underwent a serious $ 90 million dollar renovation and expansion project and opened earlier this year. The old 59,500-square-foot casino has been remodeled with a modern and very appealing 200,000-square-foot gaming, dining, and entertainment complex.

For the serious poker players or even the amateurs who want to try cashing out on their beginners luck, the Gardens Casino offers a full spectrum of no-limit games, starting at $ 20 and $ 40 buy-in no-limit hold’em, rising up to $ 500- $ 1,500. As of the moment, the casino also offers smaller buy-in daily tournaments and the occasional $ 100,000 and $ 150,000 guaranteed prize pool events. Worth checking out.
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For more info visit their website thegardenscasino dot com.

4. The Bicycle Hotel & Casino

Located at 888 Bicycle Casino Dr. Bell Gardens, CA 90201

The casino here is astonishingly bigger than you would expect, and if you specifically like card games this is the place you want to be in, seriously theres only card games but various types of games.
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-Not a slot machine in sight

Also you get free food when you play at the $ 100- $ 200 buy in no-limit tables. Food prices at this location are very good either way. The Korean BBQ here is amazing and taste very authentic. There has been a noticeable change in the casino as it has gone under recent upgrades in the interior. Overall a very nice spot to get your poker face on. Do not forget to swoop a drink from the brewery.

3. The Commerce Casino
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Located at 6131 East Telegraph Rd, Commerce, CA 90040

The largest card casino in the world is not in Las Vegas. It’s in Los Angeles.
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This is by far one of the finest carding casino in the Los Angeles area. Not a bad place to get your experience on the poker tables and get your education up. Arena grills has savory food also.

No-limit tables are:
$ 40 table- that’s it, not 40-80, 40-140, etc, just $ 40 max buy in. $ 60 max rebuy after bust-out.
$ 100 table – same as above $ 100 only, $ 150 max rebuy after bust-out.
$ 200 table – same as above $ 200 only, $ 300 max rebuy after bust-out.
$ 300-500 table then it goes from there. Minimum bets all around are $ 5 for blackjack and $ 10 for baccarat.
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It’s a clean casino excellent for a night out with friends. The food is delicious, outstanding service, and a huge parking lot. Lots of tables to play, many different games, the dealers are nice and welcoming. There are other perks that make this joint pretty interesting but the point is if you want to play cards you can never go wrong here at commerce.

2. San Manuel Indian Bingo & Casino
Located at 777 San Manuel Blvd Highland, CA 92346

One of my personal favorites, only because of the vast memories this place has provided. This casino is located in Highland, Ca, a small neighboring city to San Bernardino, CA about 45 minutes east of Los Angeles on the I10 freeway.
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This casino is always very alive and vivid, Fridays and Saturdays it gets fairly crowded. I have a few friends employed here which makes every visit very welcoming so I can say San Manuel has friendly employees and no to mention the payout. My last time here I won $ 400 after I stuck a $ 100 dollar bill in a slot when I was walking out.
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Valet parking is the way to go its only $ 3. If you’re new to betting on slot machines remember to bet the minimum to avoid losing all your money to fast and maximize potential engagement. If this is your first time here then you should sign up for a free players card since you get to spin a wheel which most likely you will get $ 20 free slot extra credit.
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Good luck though finding an open slot machine that you like. There is no cellular signal or reception for your phone in this place but they offer free uncapped WIFI 24/7 for free you can connect to.

I enjoy coming to San Manuel and if you’re in the SoCal area give it a try, you will not regret it. flights
1. Pechanga Resort & Casino

Located at 45000 Pechanga Pkwy Temecula, CA 92592

I just want to add a quick important fact:
There’s a few pokestops here. So if you’re looking for Pokemon on Pokemon Go you’re in luck. Not that I play that stuff or anything, wink-wink.
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I love how classy the vibe is when you enter through the valet and how all the employees are so amicable, I feel as if this Resort is a second home. When you are here you are family. This is by far one of the most immaculate casinos I’ve been to. Why even bother with Vegas when this hidden gem is so close to home. Only about another 45 minute from San Manuel on the 215 south toward San Diego. The food here is exquisite, there is a gorgeous tree surrounded by gorgeous waterfalls. If your not the gambling type their is a dope Spa & Saloon to look out. Everyone gets grateful like VIP here. Lots and lots of slot machines. They have poker rooms, high stake limit slots, a live show theater, buffet and food court.

If you have a chance to check it out on your 2017 travels or trips make sure you do and you will see what I am talking about. It’s worth the 2 hour drive (depending on traffic) if you are coming from Los Angeles.

Not Vegas but It will do.

How to Obtain Title For Abandoned Real Estate Through Adverse Possession in the State of California

What is Adverse Possession? How can I obtain title to real estate?

In a nutshell adverse possession is a process where a person or an investor can obtain the ownership or title of real property from another person because the owner has abandoned the property. This is done by simply taking possession of that property in the manner prescribed by state law.

In doing so, you can, legally acquire ownership or title of the real property for just paying the back delinquent real estate taxes and the cost to file a quiet title lawsuit establishing that you obtained title to the property through adverse possession. In other words, you can take title of valuable property for an incredible discount.

The Law of Adverse Possession

The laws governing adverse possession is local state (or, in Canada, territorial law); consequentially an Abandoned property investor must look into the specific laws of a specific state or Canadian territory where the real property is located. Since the laws are different dramatically from jurisdiction to jurisprudence and can often be confusing, anyone wishing to take title to real property through adverse possession should contact a knowledgeable attorney before attempting to do so.

In order for you to begin understanding the requirements of Adversity Possession let's look at a specific example. Below is a closer look at th California Adverse Possession law. We will use this law to identify and explain some of the more common terms used in Adverse Possession.

California Adverse Possession Law

Briefly, California state law states that Real Estate investors want to obtain title to another person's real property through adverse possession MUST satisfy all the following Requirements:

1.That the Abandoned property investor's possession was held under either (1) a claim of right or (2) under color of title:

2.That the Abandoned property investor's possession was actual, open and notorious;

3.That the Abandoned property investor's possession was a hostile, adverse an exclusive;

4.That the Abandoned property investor's possession was continuous and uninterrupted for a period of five years;

5.That the Abandoned property investor paid th real property taxes during that five-year period.

Possession must be held under either (1) a claim of right or (2) under color of title.

The California statutes governing adverse possession and as well as the statutes of most other states make a distinction between claiming adverse possession based upon a "claim of title founded upon a written instrument or judgment or decision" (often referred to as a claim under color title ) and claiming adverse possession based upon "a claim of title exclusive of any other right, but not founded upon a written instrument, judgment, or decree" (often referred to as a claim as either a claim of right, see California Code of civil procedures Section 322 and 323. As to such claim under claim o right, see Code of Civil Procedures Section 324 and 325.

Basically a claim of adverse possession based upon color color of title is one where the claimant (Abandoned Property Investor) took in good faith possession under a deed (or some other written instrument) or judicial decision that appeared to transfer good title, but was defective . For example, a tax sale investor may take adverse possession through color of title for real estate bought at a California county tax-failed sale where the sale was improperly constructed and, consequently, the deed was void.

"Claim of Right" or "Claim of Title"

Abandoned property investigators attempting to take title to real estate through the doctrine of adverse possession are generally more interested in taking such title through "claim of right" or "claim of title". Under this doctrine, an investor merely needs to take actual possession of the property and hold that possession as required by appropriate jurisdictional law.

As may be expected, the requirements to establish adverse possession under a claim of right are (under California law and under the law of most all other states) are more strenuous than those associated with claiming under color of title.

In order to be accurate as the specific requirements for a claim of right refer to the specific state statutes. Again, to be safe consult with a knowledgeable attorney in the county where the property is located.

Possession must be actual

As will be seen below, an abandoned property investor claiming possession under the doctrine of adverse possession does not have to personally occupy or live on the real estate to be in actual possession of the property. However, actually living on the real estate is probably the strongest and clear evidence that possession is actual.

Possession by tenant as actual possession

Real property can be occupied, lived on, and actually possessed by a tenant under a tenancy agreement. Take, for instance, if you look at the California appellate case of Traeger v. Friedman (1947) 79 CA 2d 151. In that case, the adverse possession claimant took possession of a apartment building through tenants and, then, managed and forwarded for five years. She evn paid the real property taxes out of the rent. The California court held that she had met the actual possession requirement needed to perfect title under adverce possession.

Possession is deemed actual if lands is "protected by a substantive enclosure", "usually cultured or improved"

If the adverse possession is claimed based on a claim of right, then California Code of Civil Procedure Sections 324 and 325 apply.

A abandoned property investor's possession is deemed to be in actual, open and notorious possession of specific real property under a claim of right when that person has either

1. "protected" that property "by a fundamental inclosure" OR
2.That person has "usually cultured" OR
3.Has "improved" tht property.
If the real property being taken through adverse possession is a lot and acreage and can not be actually owned (ie, lived on) then that property must be either "protected … by a substantial inclosure", "usually cultured", or "usually improved ".

If the property is protected by a substantive inclosure, then the inclosure must be "substantial" sufficient to give the true owner notice of the investor's claim of adverse possession during the entire prescriptive period. Older Cases hold that the inclosure must be substantial enough and remain so through the prescriptive period of five years and protect all sides of the property claimed from intrusion by cattle or other animals. If the inclosure is so damaged as not to be able to protect all sides of the property from such intrusion, then the Abandoned property investor or claimant must promptly repair that damage inclosure or risk being found by the court to have not met this requirement.

Meeting ANY one of the three alternative, meets the actual possession requirements for adverse possession even though the Abandoned property investor or claimant does not live on the property.

Additionally, California cases have held that although "grazing" or "pasturage" is not mentioned in the Code of Civil Procedure Section 325 reproduced above, it is a method whereby an investor can take actual possession.

Possess Must Be Open And Notorious

Basically, an owner of real estate will not lose that real estate through the doctrine of adverse possession without the manner in which the investor holds actual possession would provide reasonable notice of that possession if the owner inspected the property. Repairs and improvements made to houses such as painting the ouside of the house, keeping up the outside ground, etc. are examples of such actions.

However, an owner can lose title to real estate through adverse possession even through he or she is never actually aware of the possession because the owner never visited the real estate to discover the improvements made by the abandoned property investor.

Possession Was Hostile, Adverse And Exclusive.

Basically, if the abandoned property investor or claimant is in possession under color of title, then that possession is deemed to be adverse and hostile to the true owner and it is not necessary to offer any further proof.

However if the Abandoned property investor or claimant is in possession under claim of title, then the claimant must prove that the possession was a debtor and adverse. The word "hostile" does not mean that the possession was "overtly antagonistic" to the owner; it means simply that such possession is "inconsistent" with that of the true owner.)

It must be shown that the possession was in violation of the true owner's property rights and that it should give rise in the owner a reason to begin an action to terminate the Abandoned property investor or claimant's possession or use.

Possession of the property with the owner's permission is not hostile or adverse. see California Civil Code Section 813 which provides a better legal explanation of this process.

Basically what the California Civil Code Section 813 means that the owner of the property can give permission for the use of that property by the general public or specific individuals. The statement further states that: "In the event of use by other than the general public, any such notices, to be effective, shall also be served by registered mail on the user.

The claimant's use must also be exclusive, use of that property by the legal owner or any other person except the claimant or abandoned property investor or a tenant of the claimant or abandoned property investor holding possession on behalf of that person will likely defeat a claim of title through adverse possession.

Possession Was Continuous And Uninterrupted For Five Years.

This requirement can be found in Civil Code Section 1007 when read together with Code of Civil Procedure Sections 318, 319, 321, 322, and 325. Most specifically, Code of Civil procedure Sections 325 provides:

"provided, however, that in no case shall adverse possession be considered established under the provisions of any section or sections of this code, unless it shall be shown that the land has been occupied and claimed for the period of five years continuosly, and the party or persons, their predecessors and grantor's, have paid all the taxes, state, county, or municipal, which have been levied and assessed upon such land. "

The requirement does not mean, however, that the investor must be physically on the land every day for five years. For instance, if actual possession of a home or other rental real estate is held by tenants on behalf of the adverse owner or abandoned property investor, then ordinary vacancies will not disrupt the continuity of the possession.

So, if an investor were to take possession of rental property, for example, and there were normal vacancies that occurred, these vacancies would not have considered a violation if the five year occupancy requirement. It also means that the investor does not have to live on the property to make this claim. That means you can claim adverse possession at multiple properties as long as the property is safe and liveable for tenants. That means a positive cash flow while waiting in the prescribed period and also without your physical stay at your property.

Claimant Paid The Real Property Taxes During That Five Year Period.

See Code of Civil Procedure Section 325 which governs this requirement

The Abandoned property investor or claimant must prove that he or she has paid all taxes that have been levied and assessed against the real property claimed during the entire five year period. A failure to pay taxes assessed for any one year will defeat a claim for adverse possession. Then the claimant must also pay any delinquent taxes outstanding for years prior to the start of the claim for adverse possession. For more details please refer to the case of Los Angeles v. Coffey (1963) 243 CA 2d 121,125.

Under the law of the state of California, if a Abandoned property investor meets all the requirements of the law of adverse possession under claim of title, then that person becomes the true legal owner of the real estate that has been abandoned. If the legal title of the real property was held by the former owner with no outstanding liens that superceeds the tax lien, then the investor will have acquired the real estate for, basically, just five or more years worth of back delinquent real property taxes or for just a small investment.

So, What Should A Abandoned Real Property Investor Look For?

The two most important principals of the law of adverse possession is that a Abandoned real property investor wants to see are the following:

1.The ability to take adverse possession under Claim of right or claim of title as opposed to color of title and
2.A relatively short prescriptive period. The period of time the Abandoned property investor must adversely possess the real property before that investor can obtain title to the real property.
You are probably asking yourself, Why?

Because in the state of California, the period or prescriptive period is five years based upon the California Code of Civil Procedure. However in some states the period can last from 10, 15 or 20 years until you get title through adverse possession.

How Car Title Loans Work in California and Across the Country

How Car Title Loans Work In California And Across The Country

Car title loans. You may have heard of them before, but there's also a large percentage of people who have not. A car title loan can often be a fantastic way for people to get cash quickly in the event of an emergency.

However, it's something that you need to properly understand before you attempt to even look into the world of car title loans. You need to understand how they work and how your car would be used, so let's take a look at them here and now.

What Is A Car Title Loan?

Officially, a car title loan is a loan which is secured because you offer the deed for your vehicle as a collateral. When you're trying to get an urgent loan, the car acts as an asset that you have to barter with.

You give them temporary legal rights to your vehicle, and often the promise that you will surrender the vehicle to them if you can not pay back the loan. It's a bit of extra security for loan companies.

So, How Do They Work?

Of course, what we're looking at here is how things work in California. In case you start to look for car title loans in California , it's a good idea to make sure that you understand what's going on.

First, you're trying to get a loan from a company. It's urgent, and would really help to get you out of a tight spot. So what do you do? You offer the company your vehicle as part of the loan conditions. It acts as a fallback for them – if you do not pay the loan, they keep your vehicle.

To do this, you transfer ownership of the vehicle, or the title deed, over to them. While they have it, they may pose certain conditions on the car – you can not drive it, or you can only use it between certain times. They will then hold onto your vehicle's title deed until you pay back the loan in full.

That's when they'll give the vehicle back to you entirely because business between you and them has concluded. It's important to understand that during the loan period, the company will pose a lien on your vehicle. It's a legal term which grants them the right to keep it should the contract be violated.

Overall, car title loans are a great way to get yourself out of a jam when you're in California. They're really helpful for people who do not needarily have other assets to bargain with.

However, it's important to understand that a failure to keep to the terms of your contract will result in your car being taken by the company. You should always make every effort to repay your loan.

This helps to prevent an unfortunate circumstance where you do lose your vehicle and ensures that you do not have to worry about that particular consequence.

However, it's still worth knowing that the car title loan is a good idea, and can be very beneficial in a lot of situations.

What Are A Mother And Father's Rights In California, When You Are Not Married?

In modern times many couples have children when they are not married. Problems can arise with respect to Child Custody, Visitation, and Child Support when these couples break off the relationship.

In a perfect world the mother and the father are amable in such a situation, and do what is in the child or children's best interest. However, it is much safer, and highly recommended, that you obtain Court orders with respect to custody, visitation, and support issues, so that the mother and father each know their relative rights and obligations, and so that there are no ambiguities regarding the same.

This article will discuss the issue of children who are born out of wedlock from both the mother and the father's prospective to give you a general understanding of the law in California regarding children born out of wedlock.

The Mother's Prospect

The mother of a child that is born out of wedlock has a unique advantage in that she does not normally have to prove that the child is hers. If hospital records indicate that a female has given birth to a child, and the birth certificate that is issued upon the birth of a child indicating that the female wave birth to the child, than there is usually no issue with the mother showing that she is the paternal mother.

The mother of a child born out of wedlock will automatically be entitled to full custody of a child absent a Court order indicating otherwise.

She may give the father visitation if she so chooses, or she can deny visit to the father absent a Court order.

All minor children in California have a right to receive child support pursant to a statutory guideline. (The subject of Child Support will be covered in a forthcoming separate article). If the mother of a child who is born out of wedlock wants to obtain child support from the father, she will have to file and serve a Petition to Establish Parentage on the father, and an Order to Show Cause for child support with the appropriate Court .

If the mother is on welfare or Aid to Families with Dependent Children, the District Attorney in the county in which the mother resides will ordinarily aid in this process so that the County gets reimbursed for the aid that is being provided to the mother by the County .

If a father voluntarily accepts paternity, than the Court will decide each party's rights to custody, visitation, and child support based upon the facts in the case. If the father denies that he is the father, he may request that a DNA test be done to determine whether he is the father. Once this process is completed than the Court will determine each party's rights.

If a mother is not sure who the real father of a child is, she will have to file a Petition to Establish Parentage on each potential father.

The Court will ordinarily allow the father visitation or custody rights to the child without it to be shown that it is not in the best interest of the child for the father to have such rights.

The Father's Prospect

The father of a child born out of wedlock has no rights to Custody, Visitation, or Child Support unless they obtain a Court order for the same.

If a father wants to have rights to custody, visitation, or child support for a child born out of wedlock, the will have to file a Petition to Establish Parentage, and an Order to Show Cause for Custody, Visitation, and / or Support.

The mother of the child may or may not agree that the father is the true father of the child. Either party may request that DNA test be made to prove whether or not the father is the paternal parent of a child.

Once the Court determinates paternity, the Court will look at many factors with respect to rights to Custody, Visitation, and Support.

The Court will ordinarily allow the father visitation or custody rights to the child without it to be shown that it is not in the best interest of the child for the father to have such rights.

The Mother and Father's Prospect as a Whole

The Court will always try to determine what is in the children's best interest when determining who will have Custody and Visitation rights to a child or children. This can be a long and expensive process if litigated. It is recommended that a Mother and Father try to informally work out a Custody and Visitation plan for a child or children, and then get a Court Order which reflects the agreement of the mother and father.

If you can not informally work it out than the Court will decide the issue for you.

Support of the child or children will be determined by the Court using a statutory formula which is based on both parties income, the percentage of time each person has with the child or children, and other factors.

It is always recommended that you retain a lawyer in these types of cases. Only a fool has herself or himself for a client.

You can check out our family law website at for more general family law information.

© 2007

Land Trusts in California

In California, general trust law is found in the Probate Code §§15000-19403. There is no specific land trust statute in California, unlike Illinois land trust law, (765 ILCS 405/410/415/420), Massachusetts business trust (MBT) law (MGLc182, §2), and Virginia land trust law (Va. Code Sec. 55-17.1).

So, land trusts created in California for California property are based on general trust law in the aforesaid California Probate Code. But an out-of-state land trust may be formed that would hold title through the trustee of a California property, to take advantage of more beneficial statute and case law of another state. Indeed, the Virginia Supreme Court in Air Power, Inc. v. Thompson, 244 Va. 534, 422 SE 2nd 786 (1992), has confirmed that Va. Code Sec. 55-17.1 gives the trustee of a land trust both legal and equitable power of the real property, which protects the privacy of the beneficiaries.

Indeed, since California does not have a specific land trust statute, there is no legislative history nor developed case law on it in this state, only California general trust law and case law. But a general trust law may have some advantages over a specific land trust standard with more requirements. Indeed, Illinois land trust statute (75 ILCS 435) requires that holders of power of direction owe fiduciary duties to holders of beneficial interests. California general trust law does not have a similar requirement.

In any event, the avoidance of probate over a real property in a land trust trumps all difficulties in its creation.

I. California General Trust Law:

A. Creation Of Trust:

California Probate § 15000 states that "(t) his division (Division 9 of the Probate Code) shall be known and may be cited as the Trust Law." And § 15001 (a) states that "(e) xcept as otherwise provided by statute: This division applies to all trusts regardless of whether that were created before, on, or after July 1, 1987."

Among other methods of creating trust, a trust may be created by: "(b) (a) transfer of property by the owner during the owner's lifetime to another person as trustee," under § 15200 (b) of the California Probate Code. And "a trust is created only if there is trust property," under § 15202 thereof.

"A trust may be created for any purpose that is not illegal or against public policy," under § 15203 thereof. A land trust is not for an illegal purpose, nor is it against public policy in California, although it is not generally used in this state.

And "a trust, other than a charitable trust, is created only if there is a beneficiary," under § 15205 thereof.

B. Trust Of Real Property And Personal Property:

So as not to violate the Statutory of Frauds, which requires a written instrument to be enforceable, §15206 states that "a trust is relation to real property is not valid unless evidenced by one of the following methods: (b) By a written instrument conveying the trust properly signed by the settlor, or by the settlor's agent if authorized in writing to do so. "

And under § 15207 (a) thereof, "(t) he existence and terms of an oral trust of personal property may be established only by clear and convincing evidence." Under § 1528 thereof, "consideration is not required to create a trust …."

Lastly, "a trust created pursuant to this chapter (1, part 2, Division 9 of the Probate Code) which refers to real property may be recorded in the office of the county recorder in the county where all or a portion of the real property is located, "under § 15210 thereof.

II. Mechanics Of A Land Trust:

A. Advantages And Benefits:

(1.) Privacy:

One of the much-heralded advantages of a land trust is that a grant deed-in-trust of a trust property in the name of a different trustee (private or institutional) may be recorded with the County Recorder, but the land trust agreement that states the names of the truster / settlor / investor and the beneficiaries is not recorded.

Thus, the creator / grantor of the land trust: the trustor / settlor who intends in real property can keep his / her / its name, as well as the names of the beneficiaries out of the County Recorder's and County Assessor's books, and to a certain extent hide the investment from public view.

But a judge creditor of a trustor / settlor or of a beneficiary can subject the latter to answer written interrogations on his / her / assets, or to debtor's examination under oath in court to determine assets, and not merely relly on County Recorder and Assessor asset searches.

The land trust agreement may also use a name for the land trust different from the name of the trustor / settlor who created it. This is another asset protection benefit. And if the beneficiary thereof is also the same trustor / settlor, the latter may designate his / her living trust or wholly-owned limited liability company as the beneficialiary to hopefully avoid gift tax issues.

(2.) Avoidance Of Probate:

Moreover, just like successor trustees may be designated in the land trust agreement, successor beneficaries may also be selected to avoid disruptions in the distribution of trust assets at termination of the trust, outside of probate proceedings.

A land trust may be created as revocable (terms of the agreement may be changed) or irrevocable (can not be changed), but the lter requires the filing of separate tax returns and is taxed at a higher rate than the trustor / settlor's individual tax rate , unless considered a simple trust in which all incomes created are taxed to beneficiaries. For federal income tax implications, if the grantor / trustor is also the beneficiary, the Internal Revenue Service (IRS) classifies it as a grantor trust that has tax consequences that flow directly to the trustor's Form 1040 and state return.

(B.) Disadvantages And Pitfalls:

(1) Separtate Agreement For Each Property:

In order to preserve the privacy of the investment or transaction and the asset protection benefits of the land trust, only one real estate property can be listed as held in it. Thus, a different land trust agreement is created for each property. This could be cumbersome, although the same trustor / settlor, trustee, and beneficiary can be named in each agreement.

(a) Simpler Alternatives:

Simpler alternatives are to purchase investment or rental properties through a limited partnership (LP) or a limited liability company (LLC), or transfer such properties to a more flexible living trust that does not require the filing of separate tax returns, or transfer the ownership interests of an LLC (not title of the property) to a living trust.

An LLC may also create a land trust by conveying title of a property to the trustee, and design itself (LLC) as the beneficiary for privacy of ownership. Sometimes less is more; for indeed, creditors can see through and have recourse against avoidance of execution of judgment on properties through asset protection schemes. And transfers of ownership of properties may result in tax assessments.