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if a grantor grant title to a California LLC that does not

exist, does the title convey...
if a grantor grant title to a California LLC that does not exist, does the title convey to the name of the non existant LLC, plaese give me case law or any ruling or law on this one.
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Answered in 20 minutes by:
4/1/2013
socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 39,498
Experience: Retired
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Civil Code 1054 provides, "A grant takes effect, so as to vest the interest intended to be transferred, only upon its delivery by the grantor."

If there is no grantee, then there can be no delivery, which makes the deed ineffective to transfer title.

Hope this helps.
socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 39,498
Experience: Retired
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Customer reply replied 4 years ago

My friend has a contract with a management company that manages apartment building for priviate owners. My friends company has worked at the same cite for about 15 months. My friend asked the management company to provide him with a copy of all the billing invoice payments that they have made to my friends company for the pass five months.


 


Questions; are they required to give my friend a print out of all the payments the management companay made to him over the last five months. He builds the management company monthly.

Hello,

There is no specific law that would cover this issue. However, if the property management company is operated by a real estate broker (which is required, if the property management company "eases or rents or offers to lease or rent, or places for rent, or solicits listings of places for rent, or solicits for prospective tenants, or negotiates the sale, purchase or exchanges of leases on real property, or on a business opportunity, or collects rents from real property, or improvements thereon, or from business opportunities." Bus. & Prof. Code 10131(b)), then if your friend's contract is for the purposes of managing your friend's property, then the management company owes a duty of fiduciary and loyalty to your friend, and that duty could be breached if the management company refuses to provide necessary business records to your friend.

A breach of fiduciary/loyalty would give your friend both a common law action for the breach/malpractice, and the right to complain to the Department of Real Estate.

Hope this helps.

P.S. Since this is an entirely new answer to your new question, another positive rating of my services would be appreciated, so that I may receive appropriate compensation. Thanks for your cooperation and understanding.
socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 39,498
Experience: Retired
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Customer reply replied 4 years ago

my friend provides security men 8-hours a day seven-days a week at the apartment building. and he bills the management company monthly, and the management company use their checks with their name on it to pay the billing invoice he sumitts to them each month. every one who works at the apartment building works direcly for the property management company. not for the owner of the property who is a non-profit public benefit corporation, who's tenants get help from HUD to pay their rent every month. so this sounds like a federaly funded housing program that is managed by the proviate management company. Further, my friends company provided security to the property from August 1-31-2012, as he does every month he sumitted his billing invoice in September for the work he did in August 2012. he was not paid and they said they did pay his company for work his company did in August 2012, so he asked them to send him a copy of the payment ledger for his company, which woud show his company's account number, Invoice date, Invoice Number, Amount paid, Date Paid, Check Number. he is only asking them to send him a copy of his records. And they are saying that my frient can only get this information form the owner of the property, who has nothing to do with the hiring or firing or paying workers. does the answer you have given me apply know that I was able to give you more detail information.

My answer does not apply. Also, I apologize, but I have no idea how that little "heart" symbol found its way into my last answer.

This is a straight breach of contract action. if the property manager doesn't pay, then your friend can sue the property manager as the hiring agent acting on behalf of the owner, and sue the owner as the manager's principal -- who is ultimately responsible for any contracts made to manage the property.

Hope this helps.
socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 39,498
Experience: Retired
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socrateaser and 87 other Business Law Specialists are ready to help you
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Customer reply replied 4 years ago


Thank you for your great help you are truely a blessing for all of us. Smile

I'm flattered by your compliments. Best wishes.
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Customer reply replied 4 years ago

 

I rent a apartment that I have signed a year lease in Los Angeles California, my apartment is located inside of a eight story 152 unit apartment building.

 

My granddaughter came to visit me yesterday and was told by the building security guard that she had to let him see her California ID before she would be allowed to visit me. and that he would have to write her personal information on her ID in a book before he would let go to my apartment to visit with me.

 

She told him that she does not have her California ID with her, so he made her leave the building, refusing to let her visit with me.

 

Question: Please tell me what rights of mine have been violated, and what can I do to stop this from happing again.

Hello,

The answer depends on your lease. You may have, without realizing it, agreed to the sort of restrictive security that was imposed on your granddaughter. If you did, then no rights were violated, and the security guard was acting with your consent.

If you did not agree to this type of security control, then the restriction may violate the Federal Fair Housing Act (FHA) and/or California Fair Employment and Housing Act (FEHA), by creating an unreasonable restraint on your familial relationships related to the tenancy. That would be your and your granddaughter's claim.

The difficulty with the claim is that the security guard may be instructed to treat everyone equally. If so, then there is no discrimination -- but, it would almost certainly be a circumstance where you should have been advised about the security rules at the time you leased your apartment. You may be able to get your granddaughter a pass from security that will permit her to enter without being required to produce identification.

I really don't think this issue should rise to the level of legal action. Security is undoubtedly just trying to protect the residents.

Hope this helps.
socrateaser
socrateaser, Attorney
Category: Business Law
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Experience: Retired
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Customer reply replied 4 years ago

 


No I never agreed to such a rule, the manager passed out a flyer saying that on April 20, 2013 from 4pm to 6am security would be doing this. Management never ask for my permission to do this to my visitors.

Okay, well, you could claim a breach of the covenant of quiet enjoyment. You don't need a discrimination statute or any constitutional provision. The claim is simply that by interfering with your guests, without your consent, the landlord is interfering with your right to quiet enjoyment, and you are damaged by the breach.

Proving damages could be a bit difficult, because it's hard to estimate the economic value of a familial visitor. But, that's a lawyer's job.

I still think that you may be better served to have the security than to fight it. Most tenants usually beg their landlord to protect their interests in a large complex, and the landlord ignores them.

I realize that you are outraged that your grandchild couldn't visit. I just think that you may be able to reach some sort of agreement or modification to the rules so that, for example, your granddaughter and any other regular guest can obtain a permit to enter.

The best example of this of which I am aware is Seal Beach Leisure World, which is a community of about 8,000 property owners -- which has a full-security gate, and the residents are provided with vehicle stickers, and id cards that they can give to regular guests. All the guest must do is show the card through the windshield of their vehicle, and the guard passes them through without any questions.

Something to think about.

Hope this helps.
socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 39,498
Experience: Retired
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Customer reply replied 4 years ago

 


No. other tenants are also complaining and saying that this is a violation of their constitutional rights, and violating their right to privacy laws, and their right to assemble when their visitors come and are turned away, what do you think?,

I think that the tenants are "barking up the wrong tree." Only the government is liable for violations of the Bill of Rights (except for the 13th Amendment prohibition of slavery/involuntary servitude). A private landowner cannot be held liable for any constitutional violation.

There are civil rights laws, such as the federal Fair Housing Act and California Fair Employment and Housing Act. But, as previously explained, the landlord can avoid liability by simply treating everyone identically with regard to security issues.

The only viable claim that I can see is a breach of the covenant of quiet enjoyment. And, if there are many tenants who are unhappy, I'm pretty sure that the landlord will buckle before it finds itself being sued by a large group of tenants en mass.

Hope this helps.
socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 39,498
Experience: Retired
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Customer reply replied 4 years ago

 

This is a government housing Section 8 program that helps pay 70% of the rent of all the Senior Citizens tenants living here. The owners are a California nonprofit public benefit corporation, IRS 501 (c) (3) charity.

Just because a charity receives government subsidies does not necessarily make it an arm of government. But, on the assumption that it does, you could claim a 1st Amendment violation of freedom of association. That wouldn't change the damage profile. The result of the case would probably be the same, whether you sued based upon breach of quiet enjoyment, or violation of the freedom of association. Regardless, you would plead both causes of action in the complaint and the court would decide.

Or, you can file a complaint with the DFEH -- or, the U.S. Department of Justice.

Hope this helps.
socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 39,498
Experience: Retired
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socrateaser
socrateaser
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