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 authored by Patton Sullivan Brodehl litigation associate Daniel Zarchy. While many Californians consider the legality of cannabis to be settled law, the ongoing…
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 Patton Sullivan Brodehl litigation associate Daniel Zarchy. In the recent case Romero v. Shih, the California Supreme Court clarified that under…
Guarantor Liability: Assignment of Note Doesn’t Automatically Assign Guaranty Too
Obligations reduced to a promissory note are often accompanied by a written guaranty. The law treats the guaranty as an independent obligation. A case recently decided…
A Lis Pendens Recorded Before a Trustee’s Sale is a “Cloud on Title” that Might Thwart an Unlawful Detainer Claim
In a December 2018 post, Money and Dirt covered a California Supreme Court case — Dr. Leevil, LLC v. Westlake Health Care Center — in which…
Relying on a Void Quiet Title Judgment — Redux
In May 2021, Money and Dirt covered a case published by California’s Second Appellate District — Tsasu LLC v. U.S. Bank Trust, N.A. — holding that…