CONSTRUCTION DISPUTES
When someone who provides labor, services, equipment, or materials to a construction project is not fully paid, he/she can file suit against the person who failed to pay him/her. However, even if he/she were to win such a suit, his/her ability to collect may be limited by the other party's bankruptcy or lack of assets, or even the disappearance of the other party. In order to help alleviate these problems, California Law provides procedures whereby one who provides services to a construction project can obtain a more secure position. Two such procedures are through the use of a Mechanic's Lien and a Stop Notice. Construction Attorney, Marlene Sanborn can help with these processes.
A Mechanic's Lien is a Lien given by law upon a building or other Improvement upon land, and upon the land itself, as Security for the payment for labor done and materials furnished for improvement. Also called a materialman's lien. Example: The unpaid plumber filed a mechanic's lien against the property while it was under construction. The builder had to satisfy the lien in order to give Clear Title to the buyer.
A properly recorded and foreclosed Mechanic's Lien, for private works of improvement, gives the claimant a security interest in the property itself. If the Mechanic's Lien claimant prevails at trial, the court will order the sale of the property on which the lien claimant performed work or supplied materials, in order to pay off the lien claimant.
A properly served and perfected Stop Notice, for private works of improvement, gives the claimant a lien against undisbursed construction funds in the possession of either the owner or the lender. The Mechanic's Lien and Stop Notice are cumulative remedies which can be simultaneously pursued along with a suit for breach of contract on the underlying debt.
Both the Mechanic's Lien and Stop Notice procedures generally involve three basic steps:
First: Serving a preliminary 20-day notice, if necessary;
Second: Recording the Mechanic's Lien and serving the Stop Notice; and
Third: Filing a lawsuit to foreclose the Lien and enforce the Stop Notice.
When a dispute arises and a Preliminary 20-Day Notice is either not required or has already been served, the next step in protecting one's rights is to record a Mechanic's Lien in the office of the County Recorder where the construction project is located. The contractor can also serve a timely stop notice on the construction lender. As with the Preliminary 20-Day Notice, there are strict rules to be followed when preparing and recording a Mechanic's Lien and Stop Notice.
Attorney Marlene Sanborn, can help general contractors, sub-contractors, and suppliers recover moneys due them pursuant to a construction project. Among other areas, Attorney Marlene Sanborn can provide assistance in the following Construction and Real Estate Development areas:
Representation in litigation;
Litigation avoidance;
Construction lien, mechanic's lien, materialman's lien;
Owner, Contractor, and sub-contractor disputes;
Arbitration, mediation, alternative dispute resolution; and
Business contract litigation.
If you or someone you know in Northern California needs the assistance or legal counsel of an experienced Construction Attorney, call Marlene Sanborn today to schedule your free consultation.
(916) 688-8188
LANDLORD / TENANT DISPUTES
When a landlord wants to end a tenancy after the tenant has taken possession of the rental premises, the landlord must take certain legal steps to do so. An unlawful detainer proceeding is an accelerated method for recovery of possession of leased premises. It is a limited proceeding designed to permit a landlord to recover possession of real property from a tenant who is wrongfully in possession. (Because of its summary character, an unlawful detainer action is not a suitable vehicle for trying complicated ownership issues involving allegations of fraud.) In the commercial context, Landlord/Tenant Attorney, Marlene Sanborn generally assists either the landlord in terminating the tenancy and bringing an unlawful detainer action or the tenant in defending against the same. However, in the residential context, Attorney, Marlene Sanborn generally represents the landlords in terminating the tenancy and in bringing the unlawful detainer proceedings.
Like civil actions generally, unlawful detainer actions are initiated by the filing of a complaint, issuance of a summons, and service of the complaint and summons on the defendant. Landlords in California must follow all requirements for eviction proceedings prescribed in California statutes and follow any applicable local ordinances.
An unlawful detainer proceeding is usually initiated by the landlord's serving a 3-day, 30-day, or 60-day notice on the tenant. A landlord must strictly comply with the statutory requirements for service of the notice to quit the leased premises.
Among 3-day notices are notices to quit ("leave"), notices to perform covenant or quit, and notices to pay rent or quit. Three-day notices to quit are used when a tenant has allegedly breached ("broken") a covenant ("agreement") in the lease that cannot be cured.
A 3-day notice to perform covenant or quit is used when there has been a curable breach other than nonpayment of rent.
The most common notice is a 3-day notice to pay rent or quit. A landlord's choice to declare a forfeiture of the lease or rental agreement on a 3-day notice is nullified and the lease or rental agreement remains in effect if the tenant performs within 3 days after service of the notice or if the landlord waives the breach after service of the notice.
A 30-day or 60-day notice to quit usually addresses a situation in which the landlord wishes to terminate an indefinite-term tenancy (that is, a hold-over tenant or a tenant on a month-to-month tenancy).
There are some situations where a 3-day, 30-day, or 60-day notice is not required. For example, no notice is required for an unlawful detainer action based on the expiration of a fixed-term tenancy, so long as no hold-over tenancy has been created. Nor is notice required when a tenant occupies the property as part of his or her employment (for example, as an apartment manager), which has been terminated.
Marlene Sanborn is an experienced landlord/tenant attorney who represents commercial landlords and tenants and residential landlords.
Please call Attorney Marlene Sanborn today for a free consultation.
QUIET TITLE ACTIONS
Oftentimes, people disagree over ownership issues of real property. One remedy for such a disagreement or dispute is a Quiet Title action. A Quiet Title action is an equitable action to determine all adverse claims to the property in question. It is a suit in equity brought to obtain a final determination as to the title of a specific piece of property. Such a suit is usually the result of various individuals asserting contradictory rights to the same parcel of land. In such a situation, the court, in order to prevent a multiplicity of suits, will bring all interested parties together to determine the right and ultimately issue a determination as to ownership and possibly issue an injunction.
The purpose of a quiet title action is to establish title against adverse claims to real property or any interest in the property. The remedy of quiet title can be combined with other causes of action or other remedies. Attorney, Marlene Sanborn can assist parties in resolving ownership disputes and in bringing or defending quiet title actions.
PARTITION ACTIONS
Oftentimes, co-owners of real property get into disputes where a co-owner wants to sell the real property and another co-owner does not. In that case, a partition action can be brought to force the sale or division of the property. Attorney, Marlene Sanborn can assist owners in bringing or defending partition actions.
CONTRACT DISPUTES
We sometimes find ourselves in a dipsute with another individual or business over a contract that was not adequaterly performed. The contract may be written or oral; however, both are generally enforceable in court. Contractual disputes vary widely in their nature. Marlene Sanborn can assist businesses and/or individuals in bringing actions to enforce many different types of contracts or to recover damages for the breach thereof. She also represents individuals and businesses in defense of such contract actions.
CALL SANBORN LAW TODAY! (916) 688-8188
