Lender Limits Liability for Breach of Loan Agreement
California Civil Code section 1668 states: “All contracts which have for their object, directly or indirectly, to exempt any one from responsibility for his own fraud,…
Alter Ego Liability — Judgment Denying Alter Ego Liability Isn’t Necessarily “Collateral Estoppel”
The “alter ego” doctrine has been a frequent topic of posts on the Money and Dirt and LLC Jungle blogs. (See here, here, here, here, here,…
Title Insurer Bad Faith — Allegations, Extrinsic Facts, and the Duty to Defend
A title insurer owes a “duty to defend” its insured from a lawsuit filed by a third party whenever the lawsuit creates a potential for indemnity…
Are “Common Law Dedications” of Private Property to the Public Extinct?
Dedications A “dedication” is an uncompensated transfer of an interest in private property to the public. Dedications can occur pursuant to statute or common law. Statutory…
Bankruptcy Property Deal Devolves Into Mess of Contract and Fiduciary Duty Claims
The bankruptcy process is often straightforward: the debtor’s debts are discharged, creditors take a haircut of varying degrees, and life moves on. But some bankruptcy proceedings…
Disputed Real Property Inheritance Must Be Resolved Before Partition Action
This post was primarily authored by Daniel Zarchy, a “Rising Star” for seven of the past eight years who is a litigation attorney at Patton Sullivan…
Easement Cannot be Granted on Inconsistent Theories
An easement — an interest in the land of another entitling the easement owner to a limited use or enjoyment of another’s land — can be…
Immunity for Deed of Trust Foreclosure Trustees — Absolute or Qualified?
Under California Civil Code section 2924(d), a trustee’s communications and actions that are necessary to conduct a nonjudicial foreclosure sale pursuant to a deed of trust…
Court Clarifies Value of “Performance Deed of Trust” in Foreclosure
This post was primarily authored by Daniel Zarchy, a “Rising Star” for seven of the past eight years who is a litigation attorney at Patton Sullivan…
Lis Pendens Upheld in Claim Against Sham Trustee Who Transferred Trust Property
A lis pendens is a recorded document giving constructive notice that a lawsuit has been filed affecting title to or right of possession of the real…