News – Carter Rich Law Offices

January 26, 2024

Probate Negotiation Success

Alexander Rich successfully negotiated a settlement agreement to conclude a probate that involved an action to recover moneys taken from the decedent by a child. The child accompanied the parent to a local bank, where more than $200,000 was withdrawn over the course of several months. Had the decedent had an estate plan that included...

Karen Adair

January 26, 2024

Demurrer Overruled

Brian Carter successfully opposed a demurrer by a tenant in the firm’s client’s unlawful detainer case. Tenant held over after the expiration of the lease’s fixed term, and then demurred to the UD complaint on the grounds that no notice to quit had preceded the filing of the complaint. However, no notice to quit is...

Karen Adair

January 26, 2024

Take Care When Drafting Your Agreement

Brian Carter settled at mediation a lawsuit against the firm’s client regarding an alleged violation of a covenant to not lease space to a business that would compete with plaintiffs’ restaurant. Plaintiff restaurant owners contended that a gas station convenience store fast food restaurant and a Starbucks would compete with plaintiffs’ diner, which serves breakfast...

Karen Adair

September 29, 2023

Defendants in jeopardy when tendering defense

Brian Carter and Margarita Rice successfully sought, pursuant to Code of Civil Procedure section 473, an order vacating the defaults of three clients in a dispute between neighbors over the location of a pier along the parties’ common boundary in Clear Lake. The defaults were the result of a misunderstanding and faulty communications between an insurance...

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April 21, 2022

The Neighbor Next Door…

The firm concluded an interesting and successful representation of clients whose neighbor had engaged in what clearly appeared to be an unpermitted and unlawful cannabis cultivation activity, which activity compromised and interfered with the firm’s clients’ ability to safely and fully use a driveway that provided access to both properties. The firm’s clients were the...

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April 21, 2022

Oral Agreements with Developer?

Brian Carter and the firm successfully concluded, by settlement agreement, a long saga of a case arising out of oral dealings with a developer that purchased real property adjoining the firm’s clients’ property in Ukiah. One of the most poignant lessons to be learned from this case is that if a developer ever approaches you...

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