“Lost profits” as a form of damages in a real estate dispute can often involve big numbers, but due to their somewhat speculative nature they can be difficult to recover.
An opinion recently published by California’s Second…
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/ Civil Procedure, Civil Remedies, Real Estate - Residential
California’s “parol evidence rule” codified in Code of Civil Procedure section 1856 and Civil Code section 1625 provides that when parties enter an integrated written agreement, extrinsic evidence may not be relied upon to alter…
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/ Business Organizations, Civil Procedure, Commercial Law & Contracts
The right to contractual attorney fees for parties “prevailing” in litigation is covered by a deep body of case law.
So is the concept of rescission — a remedy by which a contract is eliminated and treated as if it never…
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/ Business Organizations, Civil Procedure, Commercial Law & Contracts
Judicial immunity bars civil actions against judges for acts they perform in the exercise of their judicial functions. The reason behind this immunity is straightforward – we don’t want judges getting sued by disgruntled…
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/ Administrative Law, Civil Procedure, Civil Remedies
As a safeguard against frivolous derivative lawsuits brought “on behalf of” an LLC, Corporations Code section 17709.02 allows a defendant to file a motion for an order requiring the plaintiff to post a bond at the outset of the…
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/ Business Organizations, Civil Procedure
Under California law, every easement includes the right to do such things “as are necessary for the full enjoyment” of the easement. This can include the right to make “repairs, renewals, and replacements.” A right of way…
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/ Construction Law, Real Estate - Residential
Under California anti-deficiency law, borrowers enjoy robust protections. Guarantors — not so much. The statutory protections afforded to borrowers cannot be waived, while for guarantors, they can be (and almost always are)…
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/ Commercial Law & Contracts, Finance & Banking, Real Estate - Residential
Under California Corporations Code section 17701.02(r), an LLC membership interest includes three components:
a transferable interest (right to receive distributions in accordance with the operating agreement);
a voting…
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/ Business Organizations, Commercial Law & Contracts
California’s density bonus law (Government Code sections 65915-65918) rewards a developer who agrees to build a certain percentage of low-income housing with the opportunity to build more residences than would otherwise be…
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/ Real Estate - Residential, Zoning, Planning & Land Use
California Civil Code section 1668 states: “All contracts which have for their object, directly or indirectly, to exempt any one from responsibility for his own fraud, or willful injury to the person or property of another, or…
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/ Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial
Under the “internal affairs doctrine,” the laws of an LLC’s state of formation will usually govern matters concerning its internal affairs — i.e., matters peculiar to the relationships among or between the entity and its…
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/ Business Organizations, Civil Procedure, Conflict of Laws
Not every apparent prescriptive right vests. At first glance, a decades long encroachment might appear to be a shoo-in as an easement by prescription. However, encroaching structures built without permits or approvals are at…
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/ Construction Law, Real Estate - Residential, Zoning, Planning & Land Use
The “alter ego” doctrine has been a frequent topic of posts on the Money and Dirt and LLC Jungle blogs...
Normally, a court will treat a business entity and its liabilities as separate and distinct from its owners. The alter…
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/ Business Organizations, Civil Procedure, Civil Remedies
LLC litigation involves many complex issues, and it’s not always easy to allege a claim properly. Some cases never get out of the starting gate, with the court sustaining a demurrer to the complaint and dismissing the case…
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/ Business Organizations, Business Torts, Commercial Law & Contracts
A title insurer owes a “duty to defend” its insured from a lawsuit filed by a third party whenever the lawsuit creates a potential for indemnity under the policy. A defense is owed even where the evidence suggests, but does not…
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/ Civil Remedies, Insurance, Real Estate - Residential
