CEB Contributor
Bruce Abel
Attorney at Abel Law Offices
Bruce Abel is a civil litigator with over 40 years handling all aspects of civil litigation through trial and appeal. He is rated AV Preeminent by Martindale-Hubbell, for his highest degree of professional excellence and for his highest levels of skill and integrity. In 2015, Mr. Abel was admitted to the American Board of Trial Advocates (ABOTA), an invitation only organization, after completing at least 10 jury trials and demonstrating the virtues of civility, integrity, and professionalism.
Educational & Employment History • BA from UCLA • MA from San Francisco State University • J.D. from Southwestern University School of Law • Approximately 50 bench and jury trials and over 100 arbitrations • Approximately 30 appeals including before the California Supreme Court • Judge Pro Tem • Court Settlement Officer • Los Angeles County Bar Fee Arbitrator • ABOTA Jack Daniels Trial Instructor • Guest lecturer at ABA law school • Moot Court Judge • Taught “Corporations” as a college extension course
Achievements & Other Notable Experience • Co-author of “Business Law in California” - a community college textbook • Contributed to CEB torts and affirmative defenses • Rated AV Preeminent by Martindale-Hubbell • Admitted to ABOTA in 2015
CEB Region:
SoCal RegionPractice Areas:
Litigation Practice & Procedure
Content by Bruce Abel
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Affirmative Defense: Broker's Breach of Agency Contract
Real Property, Purchase and Sale Transactions & Disputes, Brokers & Other Fiduciaries
This standard clause addresses the affirmative defense of broker’s breach of agency contract in a real property litigation matter. The following standard language is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of your case.
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Affirmative Defense: Statute of Limitations (Negligent Misrepresentation Against Broker)
Real Property, Purchase and Sale Transactions & Disputes, Brokers & Other Fiduciaries
This standard clause addresses the affirmative defense that the statute of limitations provided in Civil Code section 2079.4 applies to bar an action against a broker for violation of certain statutory and regulatory duties under Civil Code sections 1102–1102.19. The following standard language is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of your case.
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Affirmative Defense: Statute of Frauds (Real Property Action)
Real Property, Easements & Boundaries, Purchase and Sale Transactions & Disputes, Residential Purchases & Sales, Commercial Purchases & Sales, Actions v. Sellers, Actions v. Buyers, Brokers & Other Fiduciaries
This standard clause addresses the affirmative defense of failure to comply with the Statute of Frauds in a real property action. The following standard language is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of your case.
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Affirmative Defense: Statute of Limitations (Cancellation of Real Property Instruments)
Real Property, Easements & Boundaries, Purchase and Sale Transactions & Disputes, Residential Purchases & Sales, Commercial Purchases & Sales, Actions v. Sellers, Actions v. Buyers
This standard clause addresses the affirmative defense that the statute of limitations applies to bar a claim to cancel an instrument in a real property action. The following standard language is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of your case.
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Affirmative Defense: Antideficiency (Real Property Action)
Real Property, Purchase and Sale Transactions & Disputes, Residential Purchases & Sales, Actions v. Buyers
This standard clause addresses the antideficiency affirmative defense that might be raised in a litigation involving real property financing. The following standard language is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of your case.
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Affirmative Defense: Duress (Real Property Disputes)
Real Property, Purchase and Sale Transactions & Disputes, Residential Purchases & Sales, Actions v. Sellers, Actions v. Buyers
This standard clause addresses the affirmative defense of duress in a real property action to enforce a contract. The following standard language is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of your case.
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Affirmative Defense: Collateral Estoppel
Real Property, Easements & Boundaries, Nuisance & Trespass, Purchase and Sale Transactions & Disputes, Title & Title Insurance , Quiet Title
This standard clause addresses the affirmative defense of collateral estoppel in a real property action. The following standard language is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of your case.
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Affirmative Defense: Statute of Limitations Under CCP 338(g) (Slander of Title Actions)
Real Property, Title & Title Insurance , Quiet Title
This standard clause addresses the affirmative defense that the statute of limitations provided in Code of Civil Procedure section 338, subdivision (g), applies to bar a real property action for slander of title. The following standard language is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of your case.
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Affirmative Defense: Broker's Realization of Secret or Undisclosed Profits
Real Property, Purchase and Sale Transactions & Disputes, Brokers & Other Fiduciaries
This standard clause addresses the affirmative defense of the broker’s realization of secret or undisclosed profits in a real property litigation matter. The following standard language is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of your case.
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Affirmative Defense: Privilege, Lack of Malice (Slander of Title Actions)
Real Property, Title & Title Insurance , Quiet Title
This standard clause addresses the affirmative defense of privilege or lack of malice to a real property slander of title action. The following standard language is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of your case.
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Affirmative Defense: Fraudulent Inception or Inducement (Real Property Contract Disputes)
Real Property, Purchase and Sale Transactions & Disputes, Residential Purchases & Sales, Commercial Purchases & Sales, Actions v. Sellers, Actions v. Buyers, Brokers & Other Fiduciaries
This standard clause addresses the affirmative defense of fraudulent contract inception or inducement as to a dispute between a buyer and seller in a real property action. The following standard language is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of your case.
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Affirmative Defense: Actions Beyond Scope of Broker's Agency Contract
Real Property, Purchase and Sale Transactions & Disputes, Brokers & Other Fiduciaries
This standard clause addresses the affirmative defense of actions beyond scope of agency contract in a real property litigation matter. The following standard language is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of your case.
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Affirmative Defense: Exculpatory Clauses (Real Property Contract Disputes)
Real Property, Purchase and Sale Transactions & Disputes, Residential Purchases & Sales, Commercial Purchases & Sales, Actions v. Sellers, Actions v. Buyers
This standard clause addresses the affirmative defense of an applicable exculpatory contractual clause in a litigation matter regarding a real property purchase contract. The following standard language is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of your case.
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Affirmative Defense: Broker's Failure to Account
Real Property, Purchase and Sale Transactions & Disputes, Brokers & Other Fiduciaries
This standard clause addresses the affirmative defense of the broker’s failure to account in a real property litigation matter. The following standard language is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of your case.
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Affirmative Defense: Statute of Limitations (Fraud in Real Property Contract Disputes)
Real Property, Easements & Boundaries, Purchase and Sale Transactions & Disputes, Residential Purchases & Sales, Commercial Purchases & Sales, Actions v. Sellers, Actions v. Buyers, Brokers & Other Fiduciaries
This standard clause addresses the affirmative defense that the applicable statute of limitations applies to bar a fraud claim in a real property contract dispute. The following standard language is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of your case.
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Affirmative Defense: Broker's Fraud or Misrepresentation
Real Property, Purchase and Sale Transactions & Disputes, Brokers & Other Fiduciaries
This standard clause addresses the affirmative defense of broker’s fraud or misrepresentation in a real property litigation matter. The following standard document is for illustrative purposes only and should be used with careful research and adaptation for the facts and circumstances of your case or matter.
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Affirmative Defense: Judicial Estoppel (Real Property)
Real Property, Easements & Boundaries, Nuisance & Trespass, Purchase and Sale Transactions & Disputes, Title & Title Insurance
This standard clause addresses the affirmative defense of judicial estoppel in a real property action. The following standard language is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of your case.
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Affirmative Defense: Bona Fide Purchaser or Encumbrancer
Real Property, Title & Title Insurance , Lis Pendens, Quiet Title
This standard clause addresses the affirmative defense of bona fide purchaser or encumbrancer in a real property quiet title action. The following standard language is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of your case.
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Affirmative Defense: Unconscionability (Real Property Contract Disputes)
Real Property, Purchase and Sale Transactions & Disputes, Residential Purchases & Sales, Commercial Purchases & Sales, Actions v. Sellers, Actions v. Buyers, Brokers & Other Fiduciaries
This standard clause addresses the affirmative defense of unconscionability in a real property action to enforce a contract. The following standard language is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of your case.
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Affirmative Defense: Lack of Consideration (Real Property Contract Disputes)
Real Property, Purchase and Sale Transactions & Disputes, Residential Purchases & Sales, Commercial Purchases & Sales, Actions v. Sellers, Actions v. Buyers
This standard clause addresses the affirmative defense of lack of consideration in a real property contract dispute action. The following standard language is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of your case.
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Affirmative Defense: Broker's Lack of Authority
Real Property, Purchase and Sale Transactions & Disputes, Brokers & Other Fiduciaries
This standard clause addresses the affirmative defense of broker’s lack of authority in a real property litigation matter. The following standard language is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of your case.
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Affirmative Defense: Failure to Mitigate (in Real Property Contract Disputes)
Real Property, Purchase and Sale Transactions & Disputes, Residential Purchases & Sales, Commercial Purchases & Sales, Actions v. Sellers, Actions v. Buyers
This standard clause addresses the affirmative defense of failure to mitigate in a real property action. The following standard language is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of your case.
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Affirmative Defense: Truth (Slander of Title Action)
Real Property, Title & Title Insurance , Quiet Title
This standard clause addresses the affirmative defense of truth that applies to bar a real property action for slander of title. The following standard language is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of your case.
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Answer to Complaint for Business Torts With Affirmative Defenses for Fraud, Negligent Misrepresentation, Breach of Fiduciary Duty, Among Others
Business Litigation, Business Torts , Affirmative defenses to business torts
This Answer to an unverified business litigation complaint in California state court includes affirmative defenses common in business torts actions, including defenses for fraud, negligent misrepresentation and breach of fiduciary duty. The following standard document is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of the instant case or matter.
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Complaint for Business Torts (Fraudulent Concealment)
Business Litigation, Business Torts , Fraud and deceit
This complaint asserts a cause of action for fraudulent concealment in a business litigation action in California state court. The following standard document is for illustrative purposes only and should not be used without careful research and adaptation for the facts and circumstances of the instant case or matter.
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