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…
Commercial Leases, Arbitration, and Attorney Fee Awards
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…
Attorney Fee Recovery by Third Parties Dragged into Commercial Lease Disputes
Commercial leases often contain attorney fee provisions allowing a party who prevails in litigation to recover attorney fees from the losing party. Can those attorney fee…
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…
Not All Deed of Trust Attorney Fee Clauses are Created Equal
Lenders who prevail on claims arising from a deed of trust can always recover their attorney fees from the losing party as long as the deed…
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…
Attorney Fee Recovery by Contract and in Partition Actions
In California, parties to litigation normally pay their own attorney fees unless a contract or statute says otherwise. Parties often include attorney fee provisions in their…
Seven Critical Mistakes Real Estate LLCs Make (and How to Avoid Them) — Mistake #2: Skimping on the Formation and Operating Documents
LLCs are known and loved as a relatively simple business form. You can start and operate them without a lot of advance planning. But taking shortcuts…