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
Read More
Category: 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.
Read More
Is percolating groundwater which seeps into an aquifer conveyed with the land when a mortgage holder forecloses on a parcel of real estate?
Sandton Agriculture Investments III, LLC v. 4-S Ranch Partners, LLC
Read More
Does an owner of property adjacent to a highway owe a duty to protect the driving public by removing a tree which presents a dangerous condition?
Union Pacific Railroad Company v. Superior Court (Abrams)
Read More
May a mortgage holder who records a notice of trustee’s sale (NOTS) while an application for mortgage modification is pending avoid violating the Homeowner’s Bill of Rights (HBOR) by filing a new NOTS more than a year after the application is denied?
Reese v. Select Portfolio Servicing, Inc.
Read More
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.
Read More
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.
Read More
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.
Read More
Does a property manager owe a duty of care to resolve disputes between neighbors?
A California appeals court holds a property manager’s duty of care does not encompass resolving disputes between neighbors.
Read More
Is an insurer liable when an owner is covered for loss of business income due to a virus and operations are suspended during the COVID-19 lockdown?
John’s Grill v. Hartford Financial Services Group, Inc.
Read More
May a property owner use their easement on a neighbor’s property to transport their cannabis crop without the consent of their neighbor?
A California appeal court holds an easement for an illegal purpose is invalid.
Read More
Will the transfer of real estate from a corporation to a trust vesting trigger reassessment of the property when all the stockholders do not receive equal proportional beneficial interests in the trust vesting?
Facts: A corporation transfers ownership of real estate to a trustee of a trust. The beneficiaries...
Read More
Resources
Education
Get to know us
Products & Services
