Are “Common Law Dedications” of Private Property to the Public Extinct?
Dedications A “dedication” is an uncompensated transfer of an interest in private property to the public. Dedications can occur pursuant to statute or common law. Statutory…
Bankruptcy Property Deal Devolves Into Mess of Contract and Fiduciary Duty Claims
The bankruptcy process is often straightforward: the debtor’s debts are discharged, creditors take a haircut of varying degrees, and life moves on. But some bankruptcy proceedings…
Disputed Real Property Inheritance Must Be Resolved Before Partition Action
This post was authored by Patton Sullivan Brodehl litigation associate Daniel Zarchy. The California Court of Appeal recently reaffirmed that a party’s ownership interest in real…
Easement Cannot be Granted on Inconsistent Theories
An easement — an interest in the land of another entitling the easement owner to a limited use or enjoyment of another’s land — can be…
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…
Commercial Lease Co-Tenancy Clauses: California Supreme Court Weighs In
The California Supreme Court weighed in on the validity of commercial lease co-tenancy provisions with its recent opinion in JJD-HOV Elk Grove, LLC v. Jo-Ann Stores,…
Transferring Property in Violation of a Court Order is Not a Good Idea
The “right to alienate” (transfer) property is an important part of the legal “bundle of rights” regarding property ownership. But those rights, like most others, can…
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…
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…
Court Permission Required for a Second Lis Pendens
A recorded lis pendens notifies prospective purchasers, encumbrancers, and transferees that there is litigation pending that affects the property. To curb abuses of the lis pendens…