"I chose to go to law school because I thought that someday, somehow I'd make a difference." -A.

January 28, 2015

How Does the 'Lemon Law' Work in California?

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Nobody wants to be caught with a vehicle they have bought that doesn't work properly. Both new and used cars, trucks, RVs and motorcycles can sometimes have issues, and when you are the owner of such a thing, it is only right that you should want a replacement, free repairs, or compensation. In California, state law that has been in place since 1984 is designed to help you if you find yourself with a vehicle you have tried to fix numerous times without being able to get rid of the quality issues. Here we take a look at California’s lemon law and how you can use it if you have a faulty automobile.
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January 21, 2015

Rizal vs. Rizalvo

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Facts:
  • On December 7, 2000, respondent Teodoro P. Rizalvo, Jr. filed before the MTC of Bauang, La Union an application for the registration of a parcel of land referred to in Survey Plan Psu-200706,4 located in Bauang, La Union and containing an area of 8,957 square meters.
  • Respondent alleged that he is the owner in fee simple of the subject parcel of land, that he obtained title over the land by virtue of a Deed of Transfer (he alleged he bought the property from his mother) dated December 31, 1962, and that he is currently in possession of the land. 
  • In support of his claim, he presented a tax declaration under his name and a Proof of Payment of real property taxes from 1952 up to the time of his filing of the application.
  • On April 20, 2001, the Office of the Solicitor General (OSG) filed an Opposition alleging that neither respondent nor his predecessors-in-interest had been in open, continuous, exclusive and notorious possession and occupation of the subject property since June 12, 1945 or earlier and that the tax declarations and tax payment receipts did not constitute competent and sufficient evidence of ownership. 
  • The OSG also asserted that the subject property was a portion of public domain and hence not subject to private acquisition.
  • The Community Environment and Natural Resources Office (CENRO) submitted a verified record stating the technical description of the property, that the land was in an alienable & disposable zone and that Rizalvo was in an actual occupation and possession of the land. 
  • The MTC approved the application of Rizalvo.
  • The CA affirmed the lower court’s ruling. Hence, this petition.

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