Insights & Analysis


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Affidavits of Change of Trustee in California

An affidavit of change of trustee formally documents that a new trustee has taken over management of a trust. In California, it’s a key step to confirm authority, clear title to real property, and avoid disputes with financial institutions or beneficiaries.

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Troy Ortiz Troy Ortiz

Noncompete Agreements: How Solid Is Yours?

Noncompete agreements are a common tool for protecting your business, but they are often misunderstood and misused. Enforceability depends on several factors—including the scope, duration, and legitimate business interests at stake. Learn how to avoid common pitfalls and ensure your agreement provides the protection your company needs without running afoul of state laws or public policy.

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Troy Ortiz Troy Ortiz

Considerations Before Owning a Business with Your Spouse

Running a business with your spouse can be deeply rewarding—but also complex. Married couples who co-own a business should clearly define roles, document agreements, and understand the tax treatment of their chosen entity. From partnership and LLC structures to buy-sell agreements and community property rules, setting up the right legal foundation helps protect both your marriage and your business.

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Should My Business Use Arbitration Clauses?

Arbitration clauses can help businesses avoid costly public lawsuits, but they aren’t always the cheapest or fairest option. Learn when arbitration provisions make sense, where they are commonly used, and how to draft enforceable agreements that protect your company.

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Troy Ortiz Troy Ortiz

Recent Amendments to California Civil Code Section 1950.5: What Landlords and Tenants Need to Know

California’s Civil Code § 1950.5 has been overhauled. Starting July 2024, most landlords cannot charge more than one month’s rent as a security deposit. New requirements for inspections, documentation, and photographs will continue phasing in through 2025—strengthening protections for tenants and increasing compliance obligations for landlords.

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Troy Ortiz Troy Ortiz

What Is the Difference between a Trust and an LLC?

Trusts and limited liability companies (LLCs) are two of the most powerful tools available for protecting assets, minimizing taxes, and avoiding probate. While many people view them as alternatives, the truth is you don’t necessarily have to choose one over the other—an LLC can actually be placed inside a trust for additional protection. Trusts allow you to transfer assets such as money, real estate, business interests, or even digital assets into a legal structure managed by a trustee, ensuring a smooth transfer to beneficiaries and potential estate tax savings. LLCs, on the other hand, provide liability protection for business and personal assets while avoiding double taxation. Each has unique benefits, costs, and limitations. For many, the best strategy is to use both together. Understanding how these entities work—and how they complement each other—can help you build a more effective estate plan.

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