California Legal Matters
California Legal Matters

California Legal Matters

  • California, United States (US)
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Bargain and Sale Deed With Covenants – Estate Planning & Probate

Highlights:

The grantor grants all of the rights and interest in the property to the grantee and the grantee’s heirs.  A bargain and sale deed is in United States real property law, a deed conveying real property without covenants. A bargain and sale deed does not include any warranties (promises), but ownership of the property by the grantor is implied by particular granting clause language.

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Consent to Sublease-Landlord and Tenant-California

Highlights:

When subleasing, a tenant transfers some of their rights under a lease to a third party. In most cases, a tenant must have their landlord’s approval before entering into a sublease agreement. This product states the consent to sublease, including the recitals, use of premises, continuing liability, continuing enforcement of lease, sublease subordinate to lease, rent, assignment and subletting, notices, termination of lease, governing law in California, and the entire agreement.

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Pet Trust – Estate and Probate Law

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This pet trust is to establish funding of trust, management of trust assets, pet care during the settlor’s lifetime, trust use and distribution, trustee powers, right to direct investments, revocation or amendment, governing law, and perpetuities savings clause.

Because rights and duties are cognate, animals cannot only enjoy being protected by rights. They will also be subject to corresponding duties. But being unable to comprehend those duties and moral foundations, animals cannot have rights.

Even if animals are not granted legal rights, they most certainly must be granted legal considerations. … An animal does not have the same legal rights as a human but legal duties and considerations must nonetheless be emphasized. This duty is not due to the animal capacity for reason, speech, or language.

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Estate and Probate Legal Document

Last Will and Testament – California Estate & Probate Law

Highlights:

A last will and testament is a legal document that communicates a person’s final wishes pertaining to possessions and dependents. This Last Will and Testament states the identification of the family, payment of debts and expenses, disposition of property, nomination of independent executor, executor powers and special directives.

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Business Law Contracts

Duties and Liabilities of Personal Representative – California

Highlights:

The personal representative has three kinds of duties to the estate and its beneficiaries:

  • the duty to be impartial (that is, not to favor the interests of one party over another);
  • the duty of undivided loyalty (not to put one’s own interests in conflict with the interests of the estate); and
  • the duty to administer the estate with care and prudence

The PR also has specific duties, including:

  • collecting and taking an inventory of the assets of the estate;
  • managing these assets during the period of administration and paying the estate bills, including claims of creditors, expenses of administration and any taxes; and
  • making distribution to the heirs or the beneficiaries under a will.
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Business Law Contracts

Stipulation for Entry of Judgment (Unlawful Detainer)-Landlord and Tenant

Highlights:

Stipulations for entry of judgment, pursuant to which a judgment will be entered for a larger amount if the defendant fails to timely pay a lesser agreed upon amount, are commonly used to facilitate settlement. An unlawful detainer is a legal way for a landlord to evict a tenant. It requires a special court process and can move quickly through the court system. Unlawful detainers are often used if the tenant does not leave before the lease ends, the rent is not paid, or the lease is canceled by the landlord.

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Juvenile Family Legal Documents

Request of Minor to Marry or Establish a Domestic Partnership

Highlights:

A request of a minor to marry starts with the minor getting written consent of one or both parent(s) having legal custody or legal guardian, or have a court order if the minor is a ward or dependent in the Juvenile Court.The law previously provided that a child under 16 can request the court approve the marriage under certain circumstances. In 2019, however, this law was amended to prohibit marriage to those who are under 16 years of age.

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Waiver of Rights – Juvenile Delinquency Case

Highlights:

A Juvenile Waiver occurs whenever a judge decides to transfer a case from juvenile court to an adult court.  The juvenile will be tried as an adult and will be denied whatever protections may exist in juvenile proceedings.  Juvenile waivers are allowed in nearly all states.  The decision to “waive” juvenile protections and try the juvenile as an adult rests with the judge, not the defendant.

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Minutes and Order or Judgment – Child Support

Highlights:

A minute order is often the court’s answer to a party’s request. A minute order comes about when a trial judge sits officially, with or without a court reporter, and a clerk keeps minutes of the court session. In those sessions the only record of an oral order made by the judge may be in the minutes.

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