How Far Must the Owner of a Right-of-Way Easement Go to Maintain It?
California law is clear that the owner of a private right-of-way easement has a duty to maintain the easement. What is less clear is how far…
Court Rules Grower Cannot Use Access Easement for Cannabis Purposes Without Servient Landowner’s Consent
This post was primarily authored by Daniel Zarchy, a “Rising Star” for five of the past six years who is a litigation attorney at Patton Sullivan…
The Growing Trend of Contractor Negligence Liability Despite Lack of Contract Privity
Historically, courts typically refused to impose liability for negligence in the performance of a contract unless the plaintiff was a party to the contract. Thus, whenever…
Transferring Property in Violation of a Court Order is Not a Good Idea
The “right to alienate” (transfer) property is an important part of the legal “bundle of rights” regarding property ownership. But those rights, like most others, can…
The Hoops and Hurdles of Bringing Claims Against Local Governmental Entities
The path to bringing claims against local governmental entities, such as cities and counties, is one filled with obstacles that can deliver a fatal blow to…
Receivers Gone Wild
Receivership is a provisional remedy within a court’s broad equitable jurisdiction. The statute most commonly used in obtaining a receivership is Code of Civil Procedure section…
Impact of Long-Term Leasehold Interest on County Property Tax Assessment
Based on the 1978 voter initiative commonly referred to as “Proposition 13,” the government can reassess the value of real property for taxation purposes after a…
Eviction After Foreclosure: Further Developments from the Courts
A foreclosure sale purchaser attempting to evict a tenant on the property can encounter pitfalls, as made clear in a series of court cases in recent…
Limits on Limits: Commercial Lease Provision Limiting Landlord’s Liability Deemed Unenforceable
Generally, California law treats parties to a commercial lease as sufficiently sophisticated, equal bargainers, capable of negotiating an agreement governing their relationship, such that it should…
Court Permission Required for a Second Lis Pendens
A recorded lis pendens notifies prospective purchasers, encumbrancers, and transferees that there is litigation pending that affects the property. To curb abuses of the lis pendens…