An Alter Ego Ruling Is Not Permanent
A post from last year described an opinion holding that a trial court’s ruling that one defendant was not the “alter ego” of another defendant was…
“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…
Reminder: Guarantor on Real Estate-Secured Loan Can Remain Liable Even When the Borrower is Not
California’s anti-deficiency statutes provide robust protection for borrowers where the loan is secured by real estate. For example, following a nonjudicial foreclosure sale (aka trustee’s sale),…
Does foreclosure extinguish a recorded density bonus agreement?
California’s density bonus law (Government Code sections 65915-65918) rewards a developer who agrees to build a certain percentage of low-income housing with the opportunity to build…
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,…
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 Patton Sullivan Brodehl LLP litigation associate Daniel Zarchy. The California Court of Appeal recently clarified how courts should value a…
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…
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…