GARCIA LEGAL Prevails in the Supreme Court

GARCIA LEGAL has successfully represented a client before the California Supreme Court. A lender’s servicing agent had been sued for handling a loan obtained as part of an alleged fraud. Nearly 100 years ago, the California Legislature recognized that no one should have to endure protracted participation in a law

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The Dark Net Rises

The announcement of an $101 Million cyber theft in February from a Federal Reserve Bank of New York account held in the name of the central bank of Bangladesh, a country slightly smaller than Iowa but with a population more than half that of the U.S., raises increasing concerns about

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The Big Short [Sale]

The movie “The Big Short” has given us an opportunity to understand and relive the run up to the Crash of 2008, which brought on the Great Recession. In February, the California Supreme Court handed down a new decision, Coker v. JPMorgan Chase Bank, N.A., et al., reminding us that

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L.A. County to Impose Transfer Tax on Certain Leases

The Los Angeles County Registrar/Recorder has announced that beginning November 9, 2015, it will reject for recording leases of 35 years or more which do not include payment of the documentary transfer tax. The Recorder’s announcement refers to Revenue and Taxation Code Section 11911 as the authority for the tax.

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Court Upholds Attorney’s Fee Limit — But It May Not Be Over

There’s an old saying that people who love law and sausages should never see either one being made. When I write about new cases for The Dirt and my blog, I sometimes see examples of this yarn in action. On occasion, I take the opportunity to dig a little deeper

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Pilot Sees Tax Refund Take Flight

All real property in the state is subject to real property taxes unless the property is exempt. Land owned by the public is an example of exempt property. But, if a public entity that owns land leases it to a private party, at what point does the land become taxable

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Plaintiffs Test Their Limitations

Seven investors lost millions in a failed commercial real estate syndication investment. They sued a group of 30 defendants, including the real estate broker, the escrow holder for the sale, and the lawyers who worked on the private offering and prepared a tax opinion. To resolve the case, the court

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When Instructions Are Missing, What’s An Escrow To Do?

It is a common scenario. An escrow holder receives a deposit and sends out escrow instructions to be signed by the parties. Then, the depositor notifies the escrow holder that he is canceling the escrow and asks for his deposit back. What’s an escrow holder to do? A careful reading

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DBO Commissioner Thanks Steve Garcia

On September 15, 2015, Department of Business Oversight Commissioner Jan Owen extended her thanks to Steve Garcia of GARCIA LEGAL, a professional corporation, upon his completion of his term as a member of the Escrow Law Advisory Committee. This was Steve’s second consecutive two-year term of service to the Committee.

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Proposed Rules May Require Websites to be ADA Compliant

If you think that the Americans with Disabilities Act (ADA) applies only to brick and mortar establishments, think again. Since July 2010, the U.S. Department of Justice (DOJ) has sought comment on proposed rules regulating websites as places of public accommodation under the ADA. Now, it appears that those proposed

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