The economic impacts of the COVID-19 pandemic, particularly the impacts arising from federal, state and local shelter-in-place restrictions, have caused numerous affected parties to submit claims under their insurance...more
The Second Appellate District of the California Court of Appeal recently issued a decision in Constellation-F, LLC v. World Trading 23, Inc. finding that a holdover provision in a commercial lease providing for significantly...more
Earlier this month, in Black Sky Capital v. Cobb, the California Supreme Court addressed the following question: when a creditor holds senior and junior liens on the same property, can the creditor non-judicially foreclose on...more
California courts have long wrestled with the enforceability of contracts executed after a prior problem between the parties, under which one party will pay money, but must pay a higher amount if they fail to make certain...more
A PRIMER ON KEY CASES AFFECTING COMMERCIAL REAL ESTATE LENDERS IN CALIFORNIA -
When will the next economic downturn arrive? Prognosticators give a wide variety of opinions on that question, with some predicting many months...more
On December 17, 2018, in Dr. Leevil, LLC v. Westlake Health Care Center, (2018 S.O.S. 5945), the California Supreme Court addressed a split in authority on the issue of when a new owner, who has acquired title to property...more
"Piercing the corporate veil" typically occurs when a judgment creditor proves that the individual owner of a corporate judgment debtor is the alter ego of that entity, thereby allowing the creditor to pursue the individual's...more
California's anti-deficiency statutes limit a lender's right to recover a deficiency judgment against the borrower after a non-judicial foreclosure sale, but such protections generally do not extend to guarantors. A number of...more
Plan Approval in a Multi-Debtor, Single-Plan Context -
In In re Transwest Resort Properties, Inc., the Ninth Circuit addressed the Chapter 11 reorganization plan approval process where a single plan was proposed for...more
Since the 1992 decision in Simon v. Superior Court , California lenders holding senior and junior liens on the same real property were barred from both non-judicially foreclosing pursuant to the senior lien and seeking a...more
In a November 2017 alert, we discussed the recent effort in support of the adoption of the Uniform Commercial Real Estate Receivership Act (“Act”), which would allow receivership property sales free and clear of liens, impose...more
There is a recent effort to adopt a uniform receivership act which is applicable to commercial real estate. If adopted in its current form in the 50 states, the receivership laws would provide a consistent treatment of laws...more