Does an Easement over an Unpaved Road Necessarily Include the Right to Pave?
Under California law, every easement includes the right to do such things “as are necessary for the full enjoyment” of the easement. This can include the…
The “Sham Guaranty” Defense is Not Easy to Establish
Under California anti-deficiency law, borrowers enjoy robust protections. Guarantors — not so much. The statutory protections afforded to borrowers cannot be waived, while for guarantors, they…
Does foreclosure extinguish a recorded density bonus agreement?
California’s density bonus law (Government Code sections 65915-65918) rewards a developer who agrees to build a certain percentage of low-income housing with the opportunity to build…
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,…
Title Insurer Bad Faith — Allegations, Extrinsic Facts, and the Duty to Defend
A title insurer owes a “duty to defend” its insured from a lawsuit filed by a third party whenever the lawsuit creates a potential for indemnity…
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 primarily authored by Daniel Zarchy, a “Rising Star” for seven of the past eight years who is a litigation attorney at Patton Sullivan…
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…