Clement, Fitzpatrick & Kenworthy Incorporated. Practical Solutions For CLIENTS BASED ON REAL-WORLD EXPERIENCE 2026-06-23T12:29:50Z https://www.cfk.com/feed/atom/ WordPress /wp-content/uploads/sites/1201533/2021/09/cropped-CFK_site_icon-32x32.jpg On Behalf of Clement, Fitzpatrick & Kenworthy Incorporated <![CDATA[How local flora and fauna may impact property development]]> https://www.cfk.com/?p=47892 2026-06-18T12:30:31Z 2026-06-23T12:29:50Z Endangered species have legal protection California has some of the most robust environmental laws in the nation, including development permitting rules that aim to protect endangered species, including all native species local to the region. The state recognizes numerous species as endangered, meaning that they have protection from displacement or destruction is part of a development project. Those intending to develop a parcel typically need to bring in outside professionals to assess the wildlife and plants present on the parcel. They must determine what impact development may have on any vulnerable species living nearby, especially if the property includes a source of water or food for endangered species. The failure to comply with those rules could result in major development delays or possibly an inability to move forward with a project. Retaining the support of a land use attorney is critical when preparing for a development project in California. The presence of endangered animals and plants can drastically alter the type of development possible on a property and the steps necessary for legal compliance when planning a project.]]> On Behalf of Clement, Fitzpatrick & Kenworthy Incorporated <![CDATA[Tips before forming a new business partnership]]> https://www.cfk.com/?p=47890 2026-06-05T12:57:55Z 2026-06-10T12:57:08Z forming a partnership, the people involved should understand the expected contributions and how decisions will be made. Conversations at the start of the partnership should go far beyond just being enthusiastic about a business idea.

Talk about the expectations

One of the most important things to do before you go into business with a partner is to make sure that the foundation toward the shared goal is set. A business partner who wants rapid growth will have a plan that’s must different than one who’s focused on sustainable growth. Some of the topics that should be considered include:
  • Money
  • Time commitment
  • Management duties
  • Ownership percentages
  • Long-term goals
Everything that’s decided during these discussions should be put in writing so there’s no debate in the future about them. The more detailed the partnership agreement, the less of a chance issues will occur later.

Manage disputes early

Even though business partners may believe that they will never have disagreements, it’s best for them to take the time to set expectations for disputes. Keeping the dispute away from the business, being willing to compromise and making plans that are best for the company, etc. are all wise starting points. Forming a business partnership is a major business decision, so it’s critical that you set up a company properly. Working with a skilled legal team can be beneficial as you’re going through this position accordingly.]]> On Behalf of Clement, Fitzpatrick & Kenworthy Incorporated <![CDATA[How long do you have to respond to a divorce in California?]]> https://www.cfk.com/?p=47889 2026-05-22T12:44:25Z 2026-05-27T12:43:19Z In California, you typically have 30 days to file your response to a divorce petition. If your spouse is the one who filed for divorce, they need to serve you with the petition, which starts the countdown on your end. You do not have to respond immediately, but it is important to work quickly so that you submit your response within the appropriate timeframe. If you have exceeded the timeline, then you can check with the court to see if a default has been entered. This means that the divorce case is moving ahead without your involvement. If it has not, then you can look into options to submit your paperwork. But if a default has been entered, this can complicate the case.

What is a default judgment?

A default divorce judgment just means that the court can still rule to end the marriage, even without your cooperation or response. Your spouse will propose certain terms when it comes to things like child custody rights or division of marital assets. They can present evidence to the court and make financial disclosures. The law is set up this way because it keeps people from being trapped in a marriage. You may have just accidentally missed the deadline, but there are people who intentionally refuse to respond to the divorce petition, thinking it will get their spouse to drop the case. But by using a default judgment, they can simply continue the divorce process on their own. Submitting the divorce petition and a response is just one of the first steps to take. As you and your spouse move through the court system, be sure you know exactly what legal rights you have.  ]]> On Behalf of Clement, Fitzpatrick & Kenworthy Incorporated <![CDATA[How to avoid business disputes that slow your growth]]> https://www.cfk.com/?p=47871 2026-05-08T10:46:56Z 2026-05-13T10:44:38Z Business disputes can slow growth, damage professional relationships and create unnecessary financial pressure. Whether the issue involves contracts, partnerships, clients or suppliers, unresolved conflicts can quickly disrupt daily operations and long-term business goals. While no business is completely protected from disputes or litigation, there are practical steps companies can take to reduce risks and stay prepared.

Build clear business structures

One of the most important ways to reduce disputes is to create a clear legal and operational structure for the business. Keeping personal and business matters separate can help protect owners from unnecessary liability. Having clear agreements between founders, partners and stakeholders also helps reduce misunderstandings about responsibilities, ownership and decision making.

Use detailed contracts and documentation

Many business disputes begin because expectations were never clearly documented. Contracts should explain payment terms, timelines, responsibilities and dispute resolution procedures. Keeping organized records of agreements, invoices, emails and transaction receipts can also help resolve disagreements before they become larger legal conflicts.

Address conflicts early

Ignoring small disagreements can allow them to grow into expensive disputes. Addressing concerns quickly and professionally often helps prevent unnecessary escalation. Also, open communication and early negotiation can preserve business relationships while reducing the chances of formal litigation.

Maintain proper insurance and compliance

Businesses should regularly review their insurance coverage to ensure they are protected against possible claims and financial losses. Coverage may help with issues related to property damage, employee disputes or customer claims. It is also important to stay compliant with licensing requirements, employment regulations and industry standards to avoid unnecessary legal exposure.

Protecting your business for long-term growth

Business disputes can consume valuable time, money and energy that could otherwise support growth and expansion. Taking preventive steps early can help create a more stable and secure business environment. Seeking professional and reliable legal guidance can help business owners review contracts, improve risk management strategies and better protect their businesses from costly disputes and litigation.]]> On Behalf of Clement, Fitzpatrick & Kenworthy Incorporated <![CDATA[Appraisal gaps can affect commercial real estate transactions]]> https://www.cfk.com/?p=47800 2026-04-23T13:26:48Z 2026-04-28T13:26:09Z What causes an appraisal gap? An appraisal gap is essentially the difference between the appraised value of a property and the amount offered by a buyer. Lenders generally want to ensure that the amount of financing they extend is recoverable in the event of a buyer’s default. If the buyer does not have the capital to make up the difference between the appraised value and the offer they made, then they may need to cancel the closing. Various factors, including a thorough assessment of the land itself or the condition of outbuildings, could influence what an appraiser determines the property is actually worth. Some buyers might attempt to secure financing with another lender, which could lead to a new appraisal. Even then, however, there is still a risk of the appraisal coming in too low. Working with real estate professionals to integrate appropriate contingencies into commercial real estate offers can help buyers protect themselves from the risk of financial losses and legal controversies following low appraisals. An attorney's insight can help people avoid appraisal gaps to begin with, and handle them effectively if they interfere with a transaction.]]> On Behalf of Clement, Fitzpatrick & Kenworthy Incorporated <![CDATA[Good reasons for a solid partnership agreement]]> https://www.cfk.com/?p=47798 2026-04-09T11:35:48Z 2026-04-14T11:35:11Z Maybe you are just starting out in the real estate business, or perhaps your business is booming and you have decided to take on a partner to shoulder the load. There are many good reasons to form a business partnership that can benefit all parties as well as the company. But when joining a business partnership, it is vital to enter into a legally binding partnership agreement.

What’s wrong with a handshake deal?

Long ago, deals were often sealed with just a handshake. But these are different times, and verbal agreements and handshake deals are at a distinct disadvantage if challenged in court. Courts look at the evidence brought out in trial. Without a legitimate document describing your partnership agreement and all it entails, you could lose your argument in court.

It should cover all bases

An air-tight real estate partnership agreement can get granular about details, like the division of labor and who deals with which aspects of the company. Failing that, the partners can get so occupied with avoiding stepping on each other’s toes that the business suffers. Most business partners are more comfortable when everyone knows the roles they are slated to play. Then they can excel while still staying in their own lanes of expertise.

Partnership agreements include business succession plans

None of us has a lease on life, which is why it is paramount for business partners to have a plan in place for the business if one of the partners dies or gets divorced. California business owners are subject to the laws of community property, so your business plan should address your concerns for the company going forward.

Not sure what you need?

That’s OK, too. Now is a good time to learn more about the rights and responsibilities of business partners under the laws of the state of California.]]> On Behalf of Clement, Fitzpatrick & Kenworthy Incorporated <![CDATA[Is a zoning variance or rezoning better for commercial property?]]> https://www.cfk.com/?p=47797 2026-03-26T13:12:29Z 2026-03-31T13:11:23Z Each option has benefits and drawbacks The best solution for land use and zoning issues depends on a variety of factors. Zoning variances are meant to address scenarios in which property owners might face hardship due to unusual circumstances, such as a property that is difficult to develop due to its shape or the slope of the land. Rezoning is often an option in cases where an owner wants to use a property for a purpose not included in the current zoning. Rezoning could be an option if the characteristics of a property or a community have changed since the initial implementation of the applicable zoning ordinance. Zoning variances tend to be faster, allowing businesses to move forward with their plans for a property more rapidly. However, rezoning can enhance the usefulness of the property for the current owner and could offer benefits to the community as a whole. To determine which solution for zoning issues is the better option, prospective investors and current property owners can benefit from having experienced legal guidance.]]> On Behalf of Clement, Fitzpatrick & Kenworthy Incorporated <![CDATA[How the duration of a marriage affects divorce outcomes]]> https://www.cfk.com/?p=47795 2026-03-12T12:15:17Z 2026-03-17T12:14:47Z In California, the length of your marriage can play a crucial role in how your divorce unfolds and shape decisions about various aspects of the settlement. Whether you were married for three years or twenty-three, understanding how this can affect your divorce can give you clarity and help you prepare for what lies ahead. For starters, California is a community property state, which means you equally own all the assets you acquired during the marriage. The shorter the marriage, the less time to accumulate shared assets. In long marriages, community property builds up, including retirement accounts, home equity and investments, leading to more complex divisions. The amount and duration of spousal support is also tied to how long you were married. Longer marriages generally lead to more generous or extended support for the lower-earning spouse. That said, factors like each spouse's earning capacity, health and contributions to the marriage also play a role in determining spousal support.

Short-term vs long-term marriages in California

There is no hard legal definition of a long marriage. It all depends on the facts of individual cases. For example, marriages lasting 10 years or more are generally presumed to be long-term marriages. However, courts are not strictly bound by that timeline. Judges may still determine that a marriage lasting less than 10 years qualifies as one of long duration, depending on the circumstances. The duration of a marriage is one of the many moving parts in divorce proceedings. Courts also consider other factors when dividing assets, such as a prenup or postnup agreement or the intentional misuse of community property. Legal guidance during the divorce process is essential to protecting your rights and avoiding actions that could undermine your interests.]]> On Behalf of Clement, Fitzpatrick & Kenworthy Incorporated <![CDATA[Has a commercial landlord refused to honor a force majeure clause?]]> https://www.cfk.com/?p=47792 2026-02-26T06:33:57Z 2026-03-03T19:44:31Z What does a force majeure clause do? The purpose of a force majeure clause is to absolve the party signing the lease of contractual obligations if circumstances outside of their control disrupt the business. Natural disasters, acts of war or acts of terrorism are all examples of circumstances that could trigger a force majeure clause. If a business cannot operate due to unpredictable and uncontrollable circumstances, then the landlord should work with the tenant by allowing the early termination of the lease or allowing them to cease making payments until the resolution of the issue. If landlords insist on collecting rent or initiate eviction proceedings, those acts could damage a business’s finances and reputation. Litigation to enforce the actual terms of the lease may be the best solution available. Reading through an original lease and reviewing documentation of the unusual circumstances with a skilled legal team can help business leaders determine if their landlord has violated their lease and if a business lawsuit may be necessary. An attorney’s guidance can be helpful for business leaders worried about evictions and other legal consequences when they cannot do business due to unforeseen challenges.]]> On Behalf of Clement, Fitzpatrick & Kenworthy Incorporated <![CDATA[Who should you tell about your divorce?]]> https://www.cfk.com/?p=47791 2026-02-12T08:58:19Z 2026-02-17T08:57:42Z Some people are so happy to be divorcing that they’ll tell almost anyone who will listen. Others may struggle to tell even their closest friends and family members, due to feelings of guilt or shame or a preference for keeping their private life private. Nevertheless, letting certain people know is typically in your best interests. Here are some people you might want to inform.

Your boss

It can be difficult to continue working with your regular consistency when going through a divorce. Emotions may surface during work hours, and issues may occupy your focus, making it harder to concentrate on your work. You may also need to attend appointments related to the divorce during work hours. Letting your boss know helps them understand and allows them to offer practical support.

Your child’s teacher

If you are a parent of school-age children, informing their teacher is usually best, particularly if the children are still young. It may not be necessary for older teens, and they might even implore you not to. Teachers spend a lot of time with your children, so being informed of this major change in home life can help them understand and watch out for any changes in your child’s behavior that may result. They can make allowances if the child acts out of character, or alert you to anything worrying they notice.

Friends and family

Friends and family members are often happy to help as you transition from married to divorced. Ways they might do this include providing a spare bed, picking up the kids when you have to attend a divorce meeting or providing an empathetic ear over coffee. One caveat, though: While friends and family may be keen to give advice, it's best to seek legal guidance for accurate information about the divorce process and your options. There's no substitute for experienced legal guidance.]]>