The anti-SLAPP Statute is a Serious Obstacle to Suing Receivers
A prior post — Court-Appointed Receivers are Protected by Quasi-Judicial Immunity — covered the Court of Appeal’s published opinion in Semaan v. Mosier, in which the Court of…
Court-Appointed Receivers are Protected by Quasi-Judicial Immunity
Judicial immunity bars civil actions against judges for acts they perform in the exercise of their judicial functions. The reason behind this immunity is straightforward –…
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…
A Potent Superpower: Receiver “Super-Priority” Liens
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. In…
Appointment of a Nuisance Abatement Receiver: No “Financially Viable” Plan for Rehabilitation Needed
Under California law, receivers can be appointed for many purposes. Sometimes a “general equity” receiver is appointed to take control of a business entity and its…
Beware “Super-Priority” Receivership Liens
In California, lien priority is usually resolved by a straightforward examination of the time of creation or recordation with the County Recorder, which gives “constructive notice”…
Substandard Apartment Building Receiverships — Who Is On The Hook For Attorney Fees?
Under California’s State Housing Law (Health and Safety Code sections 17910-17998.3), if an apartment building owner fails to comply with a notice to repair or abate…
Money and Dirt: Reviewing 2016
Here is a look back at some of the top real estate and secured lending developments from 2016 covered here at Money and Dirt: The California…
The Uniform Commercial Real Estate Receivership Act (Part 2) — Would “Receiver Sales” Conflict with California Law?
In the last post — The Uniform Commercial Real Estate Receivership Act (Part 1) — Pathway to “Receiver Sales” of Real Estate Security? — we previewed…
The Uniform Commercial Real Estate Receivership Act (Part 1) — Pathway to “Receiver Sales” of Real Estate Security?
“Uniform” laws seem to be all the rage these days. A group called the Uniform Law Commission (aka National Conference of Commissioners on Uniform State Laws)…