Tag: Poniatowski Leding Parikh
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PLP Law Corp. Establishes Family Law Practice Group
Poniatowski Leding Law Corporation announces the formation of its Family Law Practice Group. Beginning July 1, 2018 PLP Law Corp. now offers representation, counseling and advice across the full spectrum of Family Law matters, such as: Dissolution, Legal Separation and Annulment Parentage Rights Child Custody and Visitation Child Support Spousal Support Property Division Premarital Agreements Stepparent…
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The Risks of Co-Ownership Agreements
Co-ownership of properties is a very common financial arrangement in real estate. With two or more persons involved in a purchase, their combined buying power can expand the number of properties that they can pursue. One party involved may also provide a higher credit score or more substantial assets that could win better loan terms.…
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Appellate Court Holds That Attorneys Fees Not Recoverable Even Though Credit Application Contained A “Prevailing Party Attorneys Fees” Clause
Many businesses rely on a credit application for the terms and conditions of its sales to its customers. Often the credit application is the only document that the customer actually signs. Relying on invoices, purchase orders, bills of lading, delivery tickets and the like that are not signed by the customer in the ordinary course…
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Mark D. Poniatowski Achieves AV Preeminent® Rating – The Highest Possible Rating from Martindale-Hubbell®
Mark D. Poniatowski, a lawyer based in Castro Valley practicing Bankruptcy, commercial, and business law has earned the AV Preeminent® rating from Martindale-Hubbell®
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Res Judicata Cannot Be Used to Shield Fraudulent Debtor Behavior
In the recent case of Wells Fargo Bank, National Association v. Weinberg, the Court set an important precedent that applies to the amendment of judgments to add individual debtors as alter egos of the corporation: “The doctrine of res judicata1 did not bar the amendment of a judgment to add an alter ego2 as…
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To Obtain Summary Judgment On A Contract Dispute, All Elements Of Breach Of Contract, Including Damages, Must Be Established
A plaintiff’s lawyers must think through all possible actions and results before selecting a course of action in commercial contract litigation.
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Resolving Tenant-Owner Commercial Property Claims
Commercial vs Residential Use, Property Damage Liability and Lawful Detainers We defended the owner of a commercial property (a lender that had foreclosed and credit bid at the foreclosure sale) in a civil action by the former tenant of the property that had been evicted in an unlawful detainer action we prosecuted for the owner/lender.
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Navigating Pre-Judgment Remedies and California Anti-Deficiency Rules
Taking our client through a complex legal environment successfully PLP recently represented a large financial institution in a commercial collections matter in Alameda County. We successfully obtained expedited orders for Writs of Attachment on the debtor’s commercial and residential properties, and immediately recovered substantial
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Commercial Lease Extension
Signed With National Franchisor As Tenant We recently completed the successful negotiation and drafting of a commercial lease extension on behalf of our client, the Landlord and owner of commercial property in Hayward, California (East Bay). The Tenant is a large, national automotive repair franchisor. Hayward Landlord Tenant The Tenant had allowed its option to…
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Mark’s Skill Makes Him Stand Out as an Excellent Attorney
Mark and his team were of tremendous help in a real “David against Goliath” deal I closed recently, leasing a property I own to a large publicly-traded company. With Mark and PLP’s guidance, we successfully negotiated a commercial lease deal that was exactly what I wanted, and in a timely fashion.
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Payment of Judgment Cuts Off Creditor’s Recovery of Fees
DEBTORS’ PAYMENT OF JUDGMENT IN FULL BY CASHIER’S CHECK CUTS OFF CREDITOR’S RECOVERY OF POST-JUDGMENT ATTORNEY’S FEES This case highlights the necessity of creditors to act diligently post-judgment to file their motions for accrued fees as soon as possible in order to avoid cutting off their claims upon the debtor’s payment of the judgment in…
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Only a Judge Can Extend Bankruptcy Deadlines – Even if Counsels Agree
A Stipulation to Extend the Deadline to File an Adversary Proceeding in a Chapter 7 Case Needs a Court Order to be Enforceable. Creditors should be wary of relying on an agreement of Debtor’s counsel to extend the deadline to file a complaint objecting to discharge under Bankruptcy Code Section 727. In In Re Alazzeh, 14…