Is a seller under a purchase agreement provision for attorney fees who initially refuses to mediate but later offers mediation before the buyer files litigation entitled to attorney fees when they prevail?
Evleshin v. Meyer
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Tag: recent case decisions
May a homeowner in a Chapter 13 bankruptcy plan cram down the principal balance on a short-term second mortgage encumbering their primary residence and include rent from a rent-a-room tenant as income to support the new mortgage payments?
A United States court of appeals holds cramdowns on short term mortgages during Chapter 13 bankruptcy are enforceable.
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May a shopping mall landlord avoid a lease agreement provision reducing a tenant’s rent when the level of occupancy drops in the property?
The California Supreme Court holds rent provisions based on occupancy levels are enforceable.
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May a lis pendens recorded on a property purchased with trust assets be expunged when the appointment of the successor trustee and sole beneficiary is disputed?
A California appeals court holds there is a real property claim when a property’s title is vested in the name of a disputed successor trustee.
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Is a seller’s assignment of their claim against a broker for breach of fiduciary duty enforceable by the assignee when the broker fails to disclose the dual agency of their agents?
A California appeals court holds a cause of action against a broker for breach of fiduciary duty is transferable.
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May a local agency require payment of an impact fee to obtain a building permit when the fee amount is unrelated to the individual impact of the construction?
The U.S. Supreme Court holds impact fees which are a condition to receive building permits need a reasonable relationship between the fee amount and the individual impact.
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May an owner of developable property encumbered by an undisclosed easement recover under a policy of title insurance the diminution in value based on the property’s highest and best use?
A California appeals court holds the property’s value under a title insurance policy is based on the highest and best use.
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Is an insurer liable for loss of a tenant’s business income when operations are suspended due to the COVID-19 lockdown?
California Supreme Court holds the insurer is not liable for lockdown income loss.
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May an HOA trim trees on a parcel within the HOA when its CC&Rs do not include a tree-cutting provision while other parcels do have a provision?
In re: Colyear v. Rolling Hills Facts: A homeowners’ association (HOA) wants to trim trees on a...
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May a landlord maintain an unlawful detainer (UD) action when they have not complied with local rent control ordinances?
Frazier v. The Superior Court of Los Angeles County
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Is a lease agreement void when the term of the lease exceeds the rule against perpetuities?
Tufeld Corp. v. Beverly Hills Gateway, L.P.
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