Author: David Swistock

Is a commercial tenant excused from paying rent during a government mandate to cease operating their business when their lease agreement includes a force majeure provision?

Posted by David Swistock | Dec 11, 2023 | Laws and Regulations, Property Management, Real Estate, Recent Case Decisions |

Fitness International LLC v. KB Salt Lake III LLC

May a second trust deed note holder on a call of a recourse note now unsecured due to foreclosure by the senior note holder, judicially collect the payment due on the call when monthly note payments are more than four years delinquent?

Posted by David Swistock | Dec 7, 2023 | Finance, Laws and Regulations, Loan Products, Mortgages, Real Estate |

Piedmont Capital Management, LLC. v. McElfish

May an agency remove an encroachment on a public road to restore parking without first completing an environmental impact report (EIR)?

Posted by David Swistock | Nov 27, 2023 | Laws and Regulations, Real Estate, Recent Case Decisions |

Anderson v. County of Santa Barbara

May a landlord maintain an unlawful detainer (UD) action against a tenant who had a prior conflict with the landlord when the landlord intends to remove the property from the rental market?

Posted by David Swistock | Nov 20, 2023 | Bay Area, Laws and Regulations, Property Management, Real Estate, Recent Case Decisions |

640 Octavia, LLC. v. Karl Heinz Pieper

Is an LLC which is solely owned by a government agency and takes title to real estate exempt from payment of a documentary transfer tax on acquisition?

Posted by David Swistock | Nov 10, 2023 | Real Estate, Recent Case Decisions, Tax |

CSHV 1999 Harrison LLC v. County of Alameda

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