Legal Title Is Not Always “Beneficial Title”
Under California Evidence Code section 662, “The owner of the legal title to property is presumed to be the owner of the full beneficial title. This…
“Put It Back” — Trial Court’s Preliminary Injunction Requiring Restoration of Disputed Sale Proceeds Upheld on Appeal
Real estate investment ventures often disintegrate into infighting and litigation. For examples, look no further than our companion blog The LLC Jungle. In litigation, a court…
Lender Limits Liability for Breach of Loan Agreement
California Civil Code section 1668 states: “All contracts which have for their object, directly or indirectly, to exempt any one from responsibility for his own fraud,…
Alter Ego Liability — Judgment Denying Alter Ego Liability Isn’t Necessarily “Collateral Estoppel”
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, here,…
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…
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…
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…