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…
“Business Judgment Rule” Applies to HOAs
California’s common law “business judgment rule,” as described by the courts, protects from court intervention “those management decisions which are made by directors in good faith…
Court Addresses “Presumptively Legal” Parcels Under Subdivision Map Act
California’s Subdivision Map Act (“SMA”) governs the legal subdivision of property in California. The SMA’s approval process is familiar to most developers. The statute’s purpose is…
Assertion of “Constructive Trust” Can Sometimes Support a Lis Pendens
This post was primarily authored by Zachary B. Young, a “Rising Star” for four years running who was recently elevated to Partner at Patton Sullivan Brodehl…
APNs Do Not Define Title To Real Property
In a prior post from 2020, Money and Dirt covered an opinion from California’s Fourth Appellate District holding that an Assessor’s Parcel Number (APN), by itself,…
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 Zachary B. Young, a “Rising Star” for four years running who was recently elevated to Partner at Patton Sullivan Brodehl…
Remedies for Trespass by Encroachment
This post was authored by Zachary B. Young, a “Rising Star” for four years running who was recently elevated to Partner at Patton Sullivan Brodehl LLP.…
Loan Modifications and Losing Lien Priority
Modifying a loan can sometimes cause a loss of lien priority. It all depends on the facts underlying the modification, and even the original loan. A…
Deed Language Defines the Scope of a Reserved Easement
Under California law, a grant deed is generally understood to transfer the entire fee title interest in real property, unless it expressly states otherwise. (See, e.g.,…
HOAs vs. ADUs
Accessory dwelling units (ADUs) have become popular during the run up in California real estate values. ADUs have been touted for several benefits, including increasing housing…