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…
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…
Eminent Domain: “Goodwill” Usually Belongs to the Tenant
In the world of eminent domain, compensation for “lost goodwill” is often a tricky and contentious issue. New opinions from the Court of Appeal addressing goodwill…
Foreclosure Against a Commercial Landlord: Impact on Lease Rights
Foreclosure can often have tricky impacts on lease rights, as covered on Money and Dirt in prior posts. See Eviction After Foreclosure: California Supreme Court Weighs…
A Lease and a Lease Guaranty Involve Different Rights and Remedies
Sister blog The LLC Jungle recently posted about an opinion from California’s Sixth District Court of Appeal — Orozco v. WPV San Jose, LLC — describing…
Eviction After Foreclosure: California Supreme Court Weighs In
This week, the California Supreme Court issued its opinion in Dr. Leevil, LLC v. Westlake Health Care Center. The case reviewed the decision of the California…
When a Tenant Exercises an Option to Purchase, When Does the Obligation to Pay Rent End?
Some commercial leases provide the tenant with an option to purchase the real property. When the tenant exercises such an option, does the tenant’s obligation to…
When a Lender Forecloses on a Leasehold Interest….
Loans are often secured by the fee title to real property owned by the borrower. But loans can also be secured by the borrower’s leasehold interest…
Exercising a Real Estate Option: the Devil is in the Details
Leases often contain options to renew or extend the lease, and sometimes also an option to purchase the property at the end of the lease term.…