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…
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…
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…
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,…
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…
Relying on a Void Quiet Title Judgment
Under California’s Quiet Title Act, a third party who acts in reliance on a quiet title judgment retains its property rights even if that quiet title…
Deeds of Trust and Community Property
A deed of trust beneficiary usually feels pretty confident with the validity of the deed as long as it is signed by an owner of the…
How a Junior Lien Can Survive Judicial Foreclosure
This post was primarily authored by Zachary B. Young, a “Rising Star” for four years running and a Litigation Associate at Patton Sullivan Brodehl LLP. Oscar…
Purchaser Has No “Notice” from an Erroneous Abstract of Judgment
A judgment creditor can record an abstract of judgment, a document that identifies the judgment debtor and the amount of the debt. The abstract usually does…