The anti-SLAPP Statute is a Serious Obstacle to Suing Receivers
A prior post — Court-Appointed Receivers are Protected by Quasi-Judicial Immunity — covered the Court of Appeal’s published opinion in Semaan v. Mosier, in which the Court of…
Legal Title Is Not Always “Beneficial Title”
Under California Evidence Code section 662, “The owner of the legal title to property is presumed to be the owner of the full beneficial title. This…
Bad Faith Leads to Voiding of Joint Tenancy Deed and Double Damages Award
California’s Civil Code and common law provide remedies for when someone has been deprived of real property rights under shady circumstances. If the wronged party dies,…
An Alter Ego Ruling Is Not Permanent
A post from last year described an opinion holding that a trial court’s ruling that one defendant was not the “alter ego” of another defendant was…
“Put It Back” — Trial Court’s Preliminary Injunction Requiring Restoration of Disputed Sale Proceeds Upheld on Appeal
Real estate investment ventures often disintegrate into infighting and litigation. For examples, look no further than our companion blog The LLC Jungle. In litigation, a court…
Reminder: Guarantor on Real Estate-Secured Loan Can Remain Liable Even When the Borrower is Not
California’s anti-deficiency statutes provide robust protection for borrowers where the loan is secured by real estate. For example, following a nonjudicial foreclosure sale (aka trustee’s sale),…
Error in Admitting Evidence of “Lost Real Estate Investment Profits” Shaves $1.3 Billion Off Gargantuan Judgment
“Lost profits” as a form of damages in a real estate dispute can often involve big numbers, but due to their somewhat speculative nature they can…
Court-Appointed Receivers are Protected by Quasi-Judicial Immunity
Judicial immunity bars civil actions against judges for acts they perform in the exercise of their judicial functions. The reason behind this immunity is straightforward –…
Does an Easement over an Unpaved Road Necessarily Include the Right to Pave?
Under California law, every easement includes the right to do such things “as are necessary for the full enjoyment” of the easement. This can include the…
The “Sham Guaranty” Defense is Not Easy to Establish
Under California anti-deficiency law, borrowers enjoy robust protections. Guarantors — not so much. The statutory protections afforded to borrowers cannot be waived, while for guarantors, they…