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 dedications follow the path set forth in the Subdivision Map Act…
more
/ Real Estate - Residential, Zoning, Planning & Land Use
Many prior LLC Jungle posts have addressed statutory buyouts for LLC, partnership, and corporate interests. Some of those posts cover various efforts to defeat a pending statutory buyout through various means — dissolution of…
more
/ Business Organizations, Civil Procedure
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 give birth to complicated agreements that can…
more
/ Bankruptcy, Business Organizations, Commercial Law & Contracts, Real Estate - Commercial, Real Estate - Residential
A prior LLC Jungle post covered the Court of Appeal’s seminal opinion in the Jarvis v. Jarvis case here: Why Having “Co-Managers” for Your LLC is a Terrible Idea. In the Jarvis case, the Court of Appeal affirmed the…
more
/ Business Organizations, Civil Procedure, Family Law, Professional Malpractice
The California Court of Appeal recently reaffirmed that a party’s ownership interest in real property must be clearly established before the party can have standing to bring an action for partition of the property.
Background…
more
/ Civil Procedure, Real Estate - Residential, Wills, Trusts, & Estate Planning
One of the most important rights owned by LLC members is the right to inspect the LLC’s books and records. For an overview of LLC books and records requests, see the prior LLC Jungle post: Why LLC Managers Should Take Member…
more
/ Business Organizations, Intellectual Property
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 established by a variety of theories…
more
/ Civil Procedure, Civil Remedies, Real Estate - Commercial, Zoning, Planning & Land Use
In a popular TV series (The Wire), a well-known quote is: “You come at the king, you best not miss.” The idea is that if you’re taking the risk of attacking someone at the top, you better not miss your shot…
more
/ Business Organizations, Commercial Law & Contracts
Under California Civil Code section 2924(d), a trustee’s communications and actions that are necessary to conduct a nonjudicial foreclosure sale pursuant to a deed of trust are privileged under Civil Code section 47. The…
more
/ Civil Remedies, Commercial Law & Contracts, Real Estate - Residential
In “business divorce” litigation involving LLCs, it is common to see a disgruntled LLC member asserting claims against the LLC’s manager. Depending on the type of harm alleged, those claims might be asserted directly (by the…
more
/ Business Organizations, Business Torts, Commercial Law & Contracts
The California Court of Appeal recently clarified how courts should value a Performance Deed of Trust (PDOT) in foreclosure, and affirmed that the performance obligations included in the deed of trust survive beyond foreclosure…
more
/ Civil Remedies, Commercial Law & Contracts, Real Estate - Commercial
A prior post — Statutory LLC Buyouts – “Fair Value” vs. “Fair Market Value” — covered an unpublished opinion filed in 2021 addressing the difference between the statutory buyout processes governing California corporations and…
more
/ Business Organizations
A lis pendens is a recorded document giving constructive notice that a lawsuit has been filed affecting title to or right of possession of the real property described in the notice. Any person later acquiring an interest in the…
more
/ Civil Procedure, Real Estate - Residential, Wills, Trusts, & Estate Planning
Many prior posts have addressed the “alter ego” doctrine, under which a business entity’s owner can be held personally liable for the entity’s debts. This is also known as “piercing the corporate veil.”…
more
/ Business Organizations, Business Torts, Civil Procedure
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, LLC. A commercial lease co-tenancy clause conditions a retail…
more
/ Civil Procedure, Commercial Law & Contracts, Real Estate - Commercial
