In a commercial real estate transaction, the parties each signed a personal continuing guarantee in favor of the lender, and the guaranty agreements contained a provision authorizing dispute resolution through judicial reference. The trial court granted plaintiff’s motion for appointment of a referee, and defendant’s sought extraordinary relief through a writ petition. They argued the reference […]
Refusing To Step Aside And Seizing A Letter Of Credit A Landlord, Whose Lease With A Bank Was Disaffirmed By FDIC In A Bank Takeover, Has To Return Asset And Is Now On Hook For Attorney Fees.
In an imminent bank takeover, the Federal Deposit Insurance Corporation [FDIC] sold the assets of a failed bank to a takeover bank. Among the assets was a $500,000 letter of credit which had been demanded by the failed bank’s landlord to cover any future rents. As part of the takeover, the FDIC disaffirmed the failed bank’s […]
Post-Riverisland World: Estimates Can Support A Claim For Fraud.
After a tenant moved into a shopping center, its share of expenses for property taxes, insurance and common maintenance substantially exceeded the landlord’s pre-lease-signing estimates. The tenant sued for fraud, rescission based on mutual mistake, mistake of fact, breach of lease and breach of the implied covenant of good faith and fair dealing. The trial court […]
Prescriptive Easement Over Real Property.
In 1960, a prior owner of real property [Blackacre] poured a concrete driveway encroaching on the neighboring property [Whiteacre] approximately 8 inches by 90 feet. The present owner of Blackacre bought the home in 1994. In 2009, the trust which now owns Whiteacre constructed a metal guardrail over the prescriptive strip. An action to quiet title […]
Poof…Dream Home Gone.
A couple purchased a 1.24 lot near a state highway in 1982. Nearing retirement in 2002, they began seriously planning to build on the lot. Meanwhile, back at the Department of Transportation [DOT], an improvement project was on the drawing board. By 2004, the couple moved into their new home, and in 2005, they learned an […]
It’s Not That Easy To Avoid Rent Control.
A municipality denied application to convert a mobilehome park from rentals to ownership, and the applicant sought extraordinary relief in the superior court. The trial court ruled in favor of the applicant, finding the municipality had no power to deny the application on the grounds it was inconsistent with policies embodied in the local coastal program […]
Seller’s Agreement To Subordinate Its Security Interest To That Of The Bank’s Unenforceable.
The court’s first paragraph says it all: “This case involves competing claims of lien priority between the seller of real property, which took back a security interest on property sold to a developer, and the bank which financed development of the project through a construction loan. The issue is whether the seller’s agreement to subordinate its […]
Marijuana Conversion Action Against County Thrown Out.
Sheriff’s deputies seized and destroyed approximately 1,500 pounds of marijuana under cultivation in a remote area of Humboldt County. Plaintiffs each has a written physician’s recommendation for up to two ounces of marijuana per day, sued the County for conversion and violation of their constitutional and statutory rights to be free from unreasonable search and seizure […]
Geographic Information System (GIS)-Formatted Databases Are Public Records & Must Be Produced Upon Request At The Actual Cost Of Duplication.
The California Supreme Court’s opinion’s first paragraph speaks for itself: “Like many counties in California, Orange County (the County) maintains a large database of information about land parcels in a geographic information system (GIS) file format. With this database, called the OC Landbase, a user with appropriate software can create a layered digital map containing information […]
Development Of Solar Project To Go Forward Despite Williamson Act contract.
A county cancelled a Williamson Act contract [Government Code section 51200] and certified an Environmental Impact Report [EIR] for a proposed solar power plant. The trial court denied a petition for extraordinary relief challenging certification of the EIR and the cancellation of the contracts brought by environmental groups trying to halt the proposed development. Under a […]
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