Occasionally a court decision seems so obvious that it is difficult to understand why the issue was disputed. In Corrales v. Corrales, the California Court of Appeal held that a partnership cannot exist without two or more partners. This common sense conclusion has an important effect on the rights of former partners. Under the California… read more
Most commercial leases contain a clause stating that the landlord’s acceptance of less than full performance by the tenant does not constitute a waiver of the landlord’s right to demand full perfomance. These clauses are commonly known as “no-waiver” clauses. In a recent California Court of Appeal decision, Gould v. Corinthian Colleges, Inc., the court… read more
A bankruptcy petition results in an immediate order staying all actions against the debtor and the debtor’s property. The purpose of the stay is to allow the debtor relief from collection efforts and to permit the orderly disposition of the debtor’s estate.