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…
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…
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,…
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…
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…
Local Government Agencies Can Be “Alter Egos” Too
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, and…
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…
Foreclosure Against a Commercial Landlord: Impact on Lease Rights
Foreclosure can often have tricky impacts on lease rights, as covered on Money and Dirt in prior posts. See Eviction After Foreclosure: California Supreme Court Weighs…