While many Californians consider the legality of cannabis to be settled law, the ongoing conflict between California and federal laws on the subject continue to give rise to unexpected outcomes when it comes to real property...more
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...more
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
Obligations reduced to a promissory note are often accompanied by a written guaranty. The law treats the guaranty as an independent obligation.
A case recently decided by California’s First District Court of Appeal —...more
12/28/2023
/ Appeals ,
Cal Code of Civil Procedure ,
Deed of Trust ,
Foreclosure ,
Guarantors ,
Guaranty Claims ,
Investors ,
Lenders ,
Liability ,
Loan Servicing ,
Promissory Notes ,
Reversal ,
Settlement
In a December 2018 post, Money and Dirt covered a California Supreme Court case — Dr. Leevil, LLC v. Westlake Health Care Center — in which the Court held: “an owner that acquires title to property under a power of sale...more
In May 2021, Money and Dirt covered a case published by California’s Second Appellate District — Tsasu LLC v. U.S. Bank Trust, N.A. — holding that under Code of Civil Procedure section 764.060 (part of California’s Quiet...more
In litigation, the plaintiff must include as parties to the action all persons or entities whose interests are so directly involved that the court cannot render a fair adjudication in their absence. If the plaintiff fails to...more
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 or free speech on...more
10/17/2022
/ Anti-SLAPP ,
Appeals ,
Breach of Duty ,
Cal Code of Civil Procedure ,
California ,
Cross-Complaints ,
Fiduciary Duty ,
Limited Liability Company (LLC) ,
Motion To Strike ,
Operating Agreements ,
Protected Activity ,
Real Estate Investments ,
Reversal
LLC disputes frequently lead to the court’s appointment of a receiver under California Code of Civil Procedure section 564. The receiver effectively steps into the shoes of the LLC’s manager, and calls the shots regarding...more
“Piercing the corporate veil” — also referred to as “alter ego” liability — is a familiar concept under California law. Ordinarily, a corporation or other entity (such as an LLC) is considered a legal entity separate and...more
8/13/2019
/ Alter Ego ,
Appeals ,
Business Assets ,
Business Ownership ,
Cal Code of Civil Procedure ,
Corporate Veil ,
Corporations Code ,
Debt Collection ,
Debtors ,
Judgment Creditors ,
Limited Liability Company (LLC) ,
Personal Liability ,
Piercing the Corporate Veil ,
Reversal
Goodwill is one of the trickier areas of eminent domain law.
When a governmental agency takes private property through the exercise of eminent domain powers, the agency generally must pay the property owner the fair market...more
6/24/2019
/ Appeals ,
Cal Code of Civil Procedure ,
Calculation of Damages ,
Duty to Mitigate ,
Eminent Domain ,
Fifth Amendment ,
Goodwill ,
Jury Trial ,
Loss of Goodwill ,
Relocation ,
Reversal ,
Takings Clause ,
Transportation Authorities
Almost two years ago, Money and Dirt covered a Fourth District California Court of Appeal opinion addressing an apparent split of authority regarding how a lender can enforce senior and junior deeds of trust on the same...more
5/20/2019
/ Appeals ,
Assignments ,
CA Supreme Court ,
Cal Code of Civil Procedure ,
Commercial Property Owners ,
Deed of Trust ,
Default ,
Deficiency Judgments ,
Junior Liens ,
Lenders ,
Mortgage Lenders ,
Section 580d ,
Senior Lenders ,
Split of Authority ,
Trustee Sales
This week, the California Supreme Court issued its opinion in Dr. Leevil, LLC v. Westlake Health Care Center. The case reviewed the decision of the California Court of Appeal from March 2017...more
12/22/2018
/ Appeals ,
CA Supreme Court ,
Cal Code of Civil Procedure ,
Condition Precedent ,
Deed of Trust ,
Eviction ,
Foreclosure ,
Notice Requirements ,
Notice to Quit ,
Perfection of Title ,
Popular ,
Recording Statutes ,
Tenants ,
Transfer of Title ,
Trustee Sales