Covid-19 Pandemic And Related Closures Do Not Excuse Commercial Tenant’s Failure To Pay Rent
This post was primarily authored by Patton Sullivan Brodehl attorney Zachary Young. One of the questions in real estate law arising out of the pandemic is…
Court Intervenes to Halt HOA Election Abuse
Under California law, a homeowners association (HOA) is considered a “quasi-government entity” similar to a municipal government. And, as courts have noted, “with power, of course,…
Sometimes, an HOA Can Sue on Behalf of its Members
This post was primarily authored by Patton Sullivan Brodehl attorney Zachary Young. “Standing” is the legal term used to describe the requirement that a lawsuit be…
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…
Quasi-Judicial Immunity for Court-Appointed Partition Brokers
In California, several classes of persons are entitled to some form of immunity protecting them from liability for activities performed in connection with judicial proceedings. For…
Default Interest Based on Single Late Payment Declared Unenforceable
This post was primarily authored by Patton Sullivan Brodehl attorney Zachary Young. It is not uncommon for loan agreements to provide for fees, penalties, and default…
Easements and the “Merger” Doctrine
Under California’s easement “merger” (merger of title) doctrine set forth in Civil Code sections 811 and 805, an easement (or servitude) is “extinguished” by “the vesting…
Enforcing a Tenant Option to Purchase Under “Changed Circumstances”
Commercial leases sometimes contain an option allowing the tenant to purchase the property. If the option is properly exercised, an enforceable purchase and sale obligation is…
Enforceability of Commercial Lease Co-Tenancy Provisions
A commercial lease co-tenancy clause conditions a retail tenant’s opening for business or continuing operations at the designated property upon another tenant opening for business or…
Assertion of “Constructive Trust” Can Sometimes Support a Lis Pendens
This post was primarily authored by Patton Sullivan Brodehl attorney Zachary Young. One of the tools available in the real estate litigation attorney’s toolbox is a…