Under California Civil Code section 2924(d), a trustee’s communications and actions that are necessary to conduct a nonjudicial foreclosure sale pursuant to a deed of trust are privileged under Civil Code section 47. The…
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/ Civil Remedies, Commercial Law & Contracts, Real Estate - Residential
In “business divorce” litigation involving LLCs, it is common to see a disgruntled LLC member asserting claims against the LLC’s manager. Depending on the type of harm alleged, those claims might be asserted directly (by the…
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/ Business Organizations, Business Torts, Commercial Law & Contracts
The California Court of Appeal recently clarified how courts should value a Performance Deed of Trust (PDOT) in foreclosure, and affirmed that the performance obligations included in the deed of trust survive beyond foreclosure…
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/ Civil Remedies, Commercial Law & Contracts, Real Estate - Commercial
A prior post — Statutory LLC Buyouts – “Fair Value” vs. “Fair Market Value” — covered an unpublished opinion filed in 2021 addressing the difference between the statutory buyout processes governing California corporations and…
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/ Business Organizations
A lis pendens is a recorded document giving constructive notice that a lawsuit has been filed affecting title to or right of possession of the real property described in the notice. Any person later acquiring an interest in the…
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/ Civil Procedure, Real Estate - Residential, Wills, Trusts, & Estate Planning
Many prior posts have addressed the “alter ego” doctrine, under which a business entity’s owner can be held personally liable for the entity’s debts. This is also known as “piercing the corporate veil.”…
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/ Business Organizations, Business Torts, Civil Procedure
The California Supreme Court weighed in on the validity of commercial lease co-tenancy provisions with its recent opinion in JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC. A commercial lease co-tenancy clause conditions a retail…
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/ Civil Procedure, Commercial Law & Contracts, Real Estate - Commercial
A prior post — A Receiver For Your LLC? — covered the basics of court-appointed receivers acting on behalf of an LLC. It is always worth keeping in mind that a receiver appointed to handle the affairs of an LLC is a “general…
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/ Business Organizations, Civil Procedure
California law is clear that the owner of a private right-of-way easement has a duty to maintain the easement. What is less clear is how far that duty to maintain may stretch..…
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/ Civil Procedure, Real Estate - Residential, Zoning, Planning & Land Use
A prior DAO Jungle Chronicles post here covered a 2023 federal District Court opinion from California’s Southern District holding that a complaint adequately alleged a DAO (in that case, bZx DAO) could be sued as a general…
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/ Business Organizations, Civil Procedure, Securities Law
Corporate directors have long relied on the “business judgment rule,” under which their decisions are presumed to have been made “on an informed basis, in good faith, and in the honest belief that the action taken was in the…
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/ Business Organizations, Business Torts, Civil Remedies
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…
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/ Agriculture, Civil Procedure, Constitutional Law, Real Estate - Residential, Zoning, Planning & Land Use
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…
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/ Business Torts, Commercial Law & Contracts, Construction Law, Real Estate - Residential
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…
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/ Wills, Trusts, & Estate Planning
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…
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/ Business Organizations, Commercial Law & Contracts, Labor & Employment Law
