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…
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 Patton Sullivan Brodehl attorney Zachary Young. Owners of real property generally understand that their property rights can be impacted by…
How to Establish an Equitable Easement
Most easements are created by a recorded instrument. Not so with one of the more exotic species of easement — the “equitable easement.” A case recently…