- Restraining OrderThe Court on July 10, 2015, issued a temporary restraining order preventing the State Water Resources Control Board from enforcing a curtailment notice against the West Side Irrigation District, Central Delta Water Agency, South Delta Water Agency and Woods Irrigation Co. because the notices as issued, without a formal hearing, violated the agencies' constitutional due process rights. The court did not, however, rule on whether or not water rights were in fact a “property right,” though raised by the agencies.
- Corporate LawFrom the start-up of a new business - whether a sole proprietorship, partnership, corporation, or limited liability company/partnership; to the continued challenges of running a business - this Firm effectively handles employee relations issues, collections, protection of intellectual property, corporate governance, and capitalization matters, and the sale, transfer, or dissolution of the business, our lawyers are committed to accomplishing the client's realizable objectives.
- Business TransactionsMacCarley & Rosen has been called a transactional firm that drafts contracts, trusts, estate plans, real estate and intellectual property documentation, and negotiates and completes business transactions with an understanding of the potential impact and effect of these documents and agreements in litigation.
- Intellectual Property
- Real Estate LitigationWe are experts in commercial and residential real estate purchases, sales, and financing transactions. We have substantial and significant expertise in real estate development - from concept to completion - and in securing the requisite government land use and environmental approvals. We have over forty years of tried and proven experience in real estate litigation, to include broker/salesperson representation, land use and environmental claims and defenses, and title/boundary disputes.
- Construction LitigationOur emphasis is on facilitating, and, if need be, enforcing legal and ethical owner, architect, general contractor, and subcontractor relationships. We prosecute and defend construction defect claims, and payment obligations.
- Real Estate TransactionsIn Horiike v. Coldwell Banker Residential Brokerage Co., S218734, the California Supreme Court will consider what fiduciary duties are owed by licensed real estate salespersons to a seller and the buyer, respectively, in a residential real estate transaction, when both salespersons are associated with the same brokerage firm. This is the classic “dual agency” relationship, currently permitted under California Civil Code section 2079.16, where one brokerage firm represents both sides of the transaction through two or more of its salespersons.
- Easement
- Land Use and Zoning
- Personal InjuryAleen Pogharian is an attorney at MacCarley and Rosen, PLC, where she practices in the area of civil litigation, with an emphasis on personal injury and probate litigation. Ms. Pogharian takes pride in pursuing justice for her clients by advocating their legal rights to the fullest extent necessary. She is dedicated to helping her clients and provides one-on-one time to explain the legal process at every phase, leaving no client in the dark. Ms. Pogharian received a Bachelor of Arts degree from California State University, Northridge and earned her Juris Doctorate from University of West Los Angeles, where she graduated with Honors. Ms. Pogharian is admitted to the State Bar of California, United States District Court for the Central District of California, and the Supreme Court of Appeals for the Ninth Circuit. She is also an active member of Consumer Attorneys Association of Los Angeles (“CAALA”).
- Estate Planning
- TrustsMembers of the MacCarley & Rosen, PLC team have handled thousands of probate and trust administration matters, in and out of court, to include representing and/or defensing estates and trusts, as well as prosecuting the rightful claims of heirs, beneficiaries, and claimants.
- Probate
- ForeclosureMost of us have a passing familiarity with the procedures available to a subcontractor to enforce payment against a general contractor and for a general contractor to enforce payment against the private owner for construction and related work done on the owner’s property – that is, the recordation of a mechanics lien and its subsequent judicial foreclosure. In public works projects, however, the contractor, whether a sub or the general contractor, uses a “stop notice” to enforce payment against the public agency, whether state or local, owning the project or having supervisorial authority over it. (Civil Code section 9100). If the contractor or subcontractor is not paid within 10 days after the “stop notice” is served on the public agency, the contractor is justified in stopping work. If a subcontractor records the stop notice, claiming the general contractor has not paid the sub, the public owner must withhold an amount sufficient to satisfy the amount claimed in the subcontractor’s “stop notice” from the general contractor. If the public owner and the involved contractors cannot reconcile their differences, then the matter will proceed to court for as an action on the “stop notice” and for breach of contract. The claimant may file the legal action in court no earlier than 10 days after the completion of the public works project and/or its cessation or the recordation of a notice of cessation or completion.