Practice Pointers

VII. Practice Pointers

1. Verify quiet title complaints; pick the title date deliberately. A misstated title date can lose a winnable case.
2. Record lis pendens early — but only when the action genuinely affects title or possession. Wrongful recording exposes the client and counsel to expungement fees.
3. Screen every cotenant dispute for UPHPA. The buyout and open-market-sale provisions materially change settlement leverage; missing them is malpractice-adjacent.
4. Run the Hirshfield test before filing an encroachment removal action. If the encroachment is innocent, longstanding, and disproportionately costly to remove, a damages remedy may be the realistic ceiling.
5. For construction defects, calendar the SB 800 timeline before the SOL. The Act's pre-litigation periods do not toll all limitations; meticulous tracking is essential.
6. Stack the AB 1482, local-RSO/JCO, and Ellis Act analyses for every notice. Most defective notices are defective on a layered ordinance, not the statewide statute.
7. Demand IDR/ADR before HOA litigation. Skipping the prerequisite is reversible error and an attorney-fee risk.
8. Anticipate anti-SLAPP early. If the complaint targets board votes, member speech, or election conduct, redraft to emphasize independent injury before filing.
9. Preserve jury rights on legal claims. Under C&K Engineering Contractors v. Amber Steel Co. (1978) 23 Cal.3d 1, mixed-claim cases preserve jury trial as to legal issues; structure the pleading to preserve the right.
10. Tax records first in every adverse-possession case. A single year of unpaid taxes by the claimant is fatal under Gilardi v. Hallam (1981) 30 Cal.3d 317.

This analysis is for informational purposes only and does not constitute legal advice. Consult qualified counsel for advice specific to your situation. Attorney advertising.