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California Business Litigation and Legal Insights

Publications from Elpis Law on California business, civil, real estate, family, trust, technology, and cross‑border disputes.

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Family Law & Property

Can an Unmarried Partner Claim a Share of a Government Pension? California’s Seiwald v. Irias Decision

The court distinguished an owner from a creditor. A partner whose interest arises from a Marvin agreement is not barred by pension anti-assignment rules.

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Creditor Rights & Fraudulent Transfer

Can a Transfer Be Fraudulent Before the Debt Even Exists? California Law on Future Creditors

The transfer date is the beginning of the analysis, not the conclusion. California law lets later creditors challenge earlier transfers, but the result depends on the theory and the proof.

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Insurance Coverage & Bad Faith

When a Contractor’s Insurance Disappears After a Loss: California Court Upholds Rescission Despite an Additional Insured’s Reliance

The owner made no misrepresentation. Being named an additional insured still did not stop the insurer from rescinding the contractor’s policies.

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Trusts & Fiduciary Litigation

Can a Trustee Recover Attorney Fees After Defeating a Beneficiary’s Lawsuit? California’s New McKinley v. Harris Decision

Winning a personal defense does not, standing alone, authorize equitable fee shifting. Trust-related reimbursement and beneficiary-specific allocation require a separate analysis.

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Family Law & Property

Transmutation vs. Postnuptial Agreement: Which Is Right for You?

Understanding your options for protecting and restructuring marital property under California law.

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Technology & Privacy Litigation

California Enacts SB 690: What Changes for CIPA Website Claims in 2027

SB 690 was chaptered September 30, 2026. Beginning January 1, 2027, it removes the private right of action for section 638.51 website claims, but it does not eliminate CIPA.

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Civil Procedure & Anti-SLAPP

When Can a California Plaintiff Sue Anonymously? Luna v. Top Dawg Entertainment and the Risks of Public Disclosure

A pseudonym in the caption is not a court order. Absent specific statutory authority, a plaintiff must promptly ask the court for permission to proceed anonymously.

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Trade Secrets & Unfair Competition

Employee Downloads Company Files Before Joining a Competitor: What a New California Court Decision Actually Allows

Joining a competitor is not trade-secret theft. But downloaded files, specific timing, and a competitor’s later conduct can cross the line from speculation to a plausible claim.

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Litigation Funding & Attorney Independence

Who Controls a Lawsuit When Someone Else Is Paying? California’s New Restrictions on Litigation Funders and Law Firm Investors

AB 2305 does not prohibit litigation financing. It focuses on control: the money can come from somewhere else, but control of the lawsuit cannot simply follow the money.

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Technology & Privacy Litigation

California Just Changed the Rules for CIPA Website Lawsuits: What SB 690 Means for Businesses Facing Tracking Claims

For businesses already holding a demand letter or defending a filed case: identify the statutory theory before deciding what SB 690 changes.

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