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…
“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…
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,…
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…
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…
Sometimes Real Property Rights Can be Adjudicated in a Criminal Case Where the Property Owner is Not Even a Party
This post was primarily authored by Patton Sullivan Brodehl attorney Zachary Young. Owners of real property generally understand that their property rights can be impacted by…
Landlord’s Constitutional Challenge to Covid-19 Eviction Moratorium Fails
This post was primarily authored by Patton Sullivan Brodehl attorney Zachary Young. As the first federal court of appeals to address a challenge to the constitutionality…
Alter Ego Claims — Beware Attorney Fee Liability
One of the essential purposes of forming an entity and conducting business through that entity is to limit the owners’ personal liability. California law generally views…
A Development Agreement Is A Contract And Can Alter Map “Vested Rights”
Most developers are familiar with the notion that under California’s Subdivision Map Act, the vesting tentative map statutes provide a way of fixing a developer’s rights. …
Where Can a Wronged Deed of Trust Investor Sue?
This post was primarily authored by Zachary B. Young, a “Rising Star” for four years running and a Litigation Associate at Patton Sullivan Brodehl LLP. When…