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 Court of Appeal from March 2017...more
12/22/2018
/ Appeals ,
CA Supreme Court ,
Cal Code of Civil Procedure ,
Condition Precedent ,
Deed of Trust ,
Eviction ,
Foreclosure ,
Notice Requirements ,
Notice to Quit ,
Perfection of Title ,
Popular ,
Recording Statutes ,
Tenants ,
Transfer of Title ,
Trustee Sales
Lenders who prevail on claims arising from a deed of trust can always recover their attorney fees from the losing party as long as the deed of trust says something about fee recovery, right?
It’s not that simple....more
11/30/2018
/ American Rule ,
Anti-Deficiency Provisions ,
Appeals ,
Attorney's Fees ,
Borrowers ,
Contract Terms ,
Debt ,
Deed of Trust ,
Demurrers ,
Fee Agreements ,
Foreclosure ,
Lenders ,
Mortgage Lenders ,
Mortgages ,
Non-Signatories ,
Prevailing Party ,
Summary Judgment
For nearly three years, one of the rapidly developing areas of California foreclosure law has focused on whether a borrower has “standing” to challenge a wrongful foreclosure based on defective assignments of the note or deed...more
As detailed in prior posts, to establish a claim for adverse possession, a plaintiff must prove the following elements: For adverse possession of an easement, the plaintiff must pay the taxes as long as the easement has been...more
10/12/2018
/ Action to Quiet Title ,
Adverse Possession ,
Appeals ,
Color of Title ,
Constructive Notice ,
Easements ,
Failure-to-File ,
Lump Sum Payments ,
Prompt Payment ,
Property Tax ,
Reversal ,
Tax Debt
In reviewing notable guaranty cases from 2017 while preparing this year’s updates and edits for CEB’s top-notch treatise, California Mortgages, Deeds of Trust, and Foreclosure Litigation, we came across an opinion that...more
9/7/2018
/ Appeals ,
Board of Directors ,
Commercial Leases ,
Contribution Claims ,
Conversion ,
Corporate Misconduct ,
Dismissals ,
Guarantors ,
Joint and Several Liability ,
Landlords ,
Levy ,
Proportionality ,
Release of Liability ,
Reversal ,
Shareholders ,
Sheriffs Sale
When a commercial lease tenant experiences the joy of a sewer line backup, which causes raw sewage to flow from all of the sinks on the premises and contaminates the tenant’s business equipment, it is not shocking for the...more
8/24/2018
/ Appeals ,
Commercial Leases ,
Commercial Tenants ,
Damages ,
Eviction ,
Holdover Occupants ,
Landlords ,
Property Damage ,
Reaffirmation ,
Sewer Systems ,
Summary Judgment ,
Unlawful Detainer
Under California’s State Housing Law (Health and Safety Code sections 17910-17998.3), if an apartment building owner fails to comply with a notice to repair or abate building standard violations issued by an enforcement...more
8/17/2018
/ Abatement ,
Apartments ,
Appeals ,
Attorney's Fees ,
Building Codes ,
Duty To Repair ,
Equitable Lien ,
Intervenors ,
Lenders ,
Public Housing Authorities ,
Receivership ,
Residential Property Owners ,
Reversal ,
Safety Violations ,
State Agencies ,
State Law Claims ,
Written Notice