Patton Sullivan Brodehl LLP

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12647 Alcosta Blvd.
Suite 430
San Ramon, CA 94583, United States
Phone: 925-600-1800
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Business Organizations
  • Business Torts
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Finance & Banking
  • Intellectual Property
  • Litigation
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Transportation
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • California
Number of Attorneys
2-10 Attorneys

The Growing Trend of Contractor Negligence Liability Despite Lack of Contract Privity

Historically, courts typically refused to impose liability for negligence in the performance of a contract unless the plaintiff was a party to the contract. Thus, whenever a contractor provided services at a particular…more
 /  Business Torts, Commercial Law & Contracts, Construction Law, Real Estate - Residential

One Year Statute Of Limitations On Promises Of Decedent Does Not Apply To Petition To Enforce Trust Amendment

A recent California appellate case clarifies the application of the statute of limitations to trust amendments. In Smith v. Myers (2024) 103 Cal.App.5th 586, a dispute arose between the decedent’s children and his widow…more
 /  Wills, Trusts, & Estate Planning

Non-Compete Agreements in Connection with Partial Sale of LLC Interest

With certain narrow exceptions (including in connection with the sale of the “goodwill” of a business), agreements restraining competition face an uphill battle in California.  As a matter of public policy, California law…more
 /  Business Organizations, Commercial Law & Contracts, Labor & Employment Law

Transferring Property in Violation of a Court Order is Not a Good Idea

The “right to alienate” (transfer) property is an important part of the legal “bundle of rights” regarding property ownership. But those rights, like most others, can be altered by court orders…more
 /  Civil Procedure, Real Estate - Residential

Claim for Breach of Fiduciary Duty Might be Subject to the “Internal Affairs Doctrine”

In a prior LLC Jungle post — Think Carefully Before Forming an “Out of State” LLC — we reviewed a published opinion (Boschetti v. Pacific Bay Investments Inc.) holding that a claim for Judicial Dissolution of an LLC was subject…more
 /  Business Organizations, Business Torts, Conflict of Laws, Finance & Banking

The Hoops and Hurdles of Bringing Claims Against Local Governmental Entities

The path to bringing claims against local governmental entities, such as cities and counties, is one filled with obstacles that can deliver a fatal blow to the uninformed claimant’s claim. The creation of California’s…more
 /  Administrative Law, Civil Procedure, Government Contracting

LLC Members May Ratify Prior Defective Actions

Actions taken within business entities are sometimes deemed invalid due to procedural defects.  For corporations, section 119 of the Corporations Code establishes a clear procedure by which defective actions can be ratified and…more
 /  Business Organizations, Civil Procedure

Receivers Gone Wild

Receivership is a provisional remedy within a court’s broad equitable jurisdiction.  The statute most commonly used in obtaining a receivership is Code of Civil Procedure section 564.  But other statutes sometimes apply, such as…more
 /  Civil Procedure, Real Estate - Commercial

To Moot a Statutory Buyout, LLC’s Dissolution Must be Valid Under its Operating Agreement

In 2022, The LLC Jungle covered the opinion Friend of Camden, Inc. v. Brandt in a post titled LLC Dissolution Vote Defeats Statutory Buyout. In the Friend of Camden case, the Court of Appeal held that an LLC membership vote in…more
 /  Administrative Law, Business Organizations, Civil Procedure

The Perils of Buying Property from an LLC with Competing Claims to Managerial Authority

Prior LLC Jungle posts have addressed the tricky issue of LLC managerial authority in the context of the LLC’s dealings with third parties... As referenced in those posts, under Corporations Code section 17703.01, when an…more
 /  Business Organizations, Civil Procedure, Commercial Law & Contracts, Real Estate - Commercial

Impact of Long-Term Leasehold Interest on County Property Tax Assessment

Based on the 1978 voter initiative commonly referred to as “Proposition 13,” the government can reassess the value of real property for taxation purposes after a “change in ownership” of the property.  The meaning of “change in…more
 /  Business Organizations, Real Estate - Commercial, Taxation

LLC Member Acting for LLC Without Authority Is Not “Protected Activity” Under California’s Anti-SLAPP Statute

California’s anti-SLAPP statute (Code of Civil Procedure section 425.16) aims to protect defendants from meritless lawsuits designed to chill “protected activity” — i.e., the exercise of rights of petition (litigation) or free…more
 /  Business Organizations, Civil Procedure

California Supreme Court Clarifies Trust Amendment Rules for Conflicts Between Trust Terms and the Probate Code

The California Supreme Court recently addressed the complexities surrounding trust amendments in the case of Haggerty v. Thornton (2024) 15 Cal.5th 729. The case settled the confusion over potential conflicts between trust…more
 /  Wills, Trusts, & Estate Planning

Eviction After Foreclosure: Further Developments from the Courts

A foreclosure sale purchaser attempting to evict a tenant on the property can encounter pitfalls, as made clear in a series of court cases in recent years.  Here is a summary, capped by an update on a recently filed…more
 /  Civil Procedure, Real Estate - Residential

Limits on Limits: Commercial Lease Provision Limiting Landlord’s Liability Deemed Unenforceable

Generally, California law treats parties to a commercial lease as sufficiently sophisticated, equal bargainers, capable of negotiating an agreement governing their relationship, such that it should be enforced and not disturbed…more
 /  Business Organizations, Civil Procedure, Real Estate - Commercial
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