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…
Commercial Lease Co-Tenancy Clauses: California Supreme Court Weighs In
The California Supreme Court weighed in on the validity of commercial lease co-tenancy provisions with its recent opinion in JJD-HOV Elk Grove, LLC v. Jo-Ann Stores,…
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…
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…
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…
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…
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…
California Supreme Court: Parties to a Real Estate Transaction Can Create Implied Exclusive Easements
This post was authored by Daniel Zarchy, a “Rising Star” for five of the past six years who is a litigation attorney at Patton Sullivan Brodehl…