News & Analysis as of

California Civil Code

Patton Sullivan Brodehl LLP

Immunity for Deed of Trust Foreclosure Trustees — Absolute or Qualified?

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...more

Foster Garvey PC

BOGO & Discount Pricing: Are You at Risk of a Class Action?

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We have noticed a growing trend of class actions suing businesses over pricing practices. Brands and retailers who advertise discounts framing the discount as a bargain off the “regular price” when the business has never...more

Perkins Coie

New Statutory Requirements for Commercial Leases: SB 1103 Updates California Laws for Landlords and Commercial Tenants

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A new California Senate bill (SB 1103 or the Bill) provides commercial tenant protections by amending several sections of the California Civil Code relating to commercial tenancy. These statutory protections will apply...more

Allen Matkins

What California Landlords Need to Know about Senate Bill 1103

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Senate Bill 1103 (also known as the Commercial Tenant Protection Act) (SB 1103) introduces substantive changes affecting commercial leasing practices in California. Signed into law by Governor Newsom on September 30, 2024,...more

Allen Matkins

In This Case, Termination Of Membership Without Compensation Is Not An Improper Forfeiture

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The word "forfeiture" has an interesting etymology.  It is derived from two Latin words, foris meaning a door or gate, and facere meaning to do.  Eventually, the word came to refer to a misdeed punishable by a fine.  Today,...more

Maison Law

What are Compensatory Damages in California Personal Injury Lawsuits

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Personal injury damages in California are intended to make an accident victim whole again by compensating him or her for the injuries and damages caused by the intentional, reckless or negligent acts of another person or...more

Allen Matkins

If A Contract Creates No Legally Enforceable Rights, Is It A Contract?

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The word "contract" is derived from the Latin word contrahere which means to draw (or drag) together.   The California Civil Code defines a "contract" as "an agreement to do or not to do a certain thing".  Cal. Civ. Code §...more

Vondran Legal

South Coast Botanic Garden Foundation Sued for Right of Publicity Violation

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Vondran Legal® News: We have recently filed suit in the Los Angeles Superior Court against the South Coast Botanic Garden Foundation. Amazingly, they used photographs of two Defendants (who are working professionals who...more

Sheppard Mullin Richter & Hampton LLP

New Court Ruling Pokes Holes in Contractual Limitation of Liability Language in Commercial Leases

Creating certainty in the inherent uncertainty of the future is the name of the game when it comes to drafting commercial leases. When courts overrule provisions that the parties to the lease have agreed upon, however, that...more

Proskauer - Minding Your Business

California Lemon Law Just Got a Little Sweeter for Consumers

On March 4, 2024, the California Supreme Court ruled in Niedermeier v. FCA that consumers forced to trade in or sell their defective vehicles due to a manufacturer’s failure to comply with the Song-Beverly Consumer Warranty...more

MG+M The Law Firm

New CA Law Affects Civil Actions Beginning January 1, 2024

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Recently signed into California law by Governor Gavin Newsom, SB 235, the amendment to CCP 2016.090, is to take effect on January 1, 2024. In essence, this amendment is to modify and amend the existing law in California state...more

Seyfarth Shaw LLP

Legislative Update: Nearing the End of the Road (for 2023)

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Seyfarth Synopsis: Now that the Legislature’s September 14, 2023 deadline to pass bills to the Governor has come and gone, we are providing an overview of  which employment bills are before the Governor for consideration,...more

Buchalter

Caution to Lenders – New Pitfalls to Imposing Default Interest and Late Fees on Defaulted Loans

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On September 29, 2022, the California Court of Appeal First Appellate District, in Honchariw v. FJM Private Mortgage Fund, LLC, held a private lender’s imposition of late charges and default interest constituted an unlawful...more

Patton Sullivan Brodehl LLP

Can an LLC Member be Forced to Contribute to the LLC’s Debts?

Members of an LLC are required to pitch in equally for the LLC’s expenses and debts, right? Generally, no....more

Patton Sullivan Brodehl LLP

Default Interest Based on Single Late Payment Declared Unenforceable

It is not uncommon for loan agreements to provide for fees, penalties, and default interest in the event of the borrower’s late payment. However, a case recently published by California’s First Appellate District — Honchariw...more

Patton Sullivan Brodehl LLP

Easements and the “Merger” Doctrine

Under California’s easement “merger” (merger of title) doctrine set forth in Civil Code sections 811 and 805, an easement (or servitude) is “extinguished” by “the vesting of the right of the servitude and the right to the...more

Patton Sullivan Brodehl LLP

No Prejudgment Interest on Statutory Corporate Share Buyout

Most forms of California business entities have statutory buyout procedures allowing the company or its owners to avoid claims by a disgruntled owner for judicial dissolution by purchasing the disgruntled owner’s interest....more

Allen Matkins

Finders And The Statute Of Frauds

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Section 1624 of the California Civil Code specifies a number of agreements that are invalid unless they, or some "note or memorandum thereof", are in writing and signed by the party to be charged or the party's agent.  One of...more

Allen Matkins

By Law, Everything Is Possible In California

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The California Civil Code includes a number of decidedly gnomic provisions.  Section 1597 is one of these.  It purports to answer the question of what is possible...more

J.S. Held

How Has Civil Code 3361 Impacted Economic Damages in the State of California?

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Signed into California State law in July of 2019, California Civil Code Section 3361, also known as Senate Bill 41 (or SB 41), states: “Estimations, measures, or calculations of past, present, or future damages for lost...more

Allen Matkins

Must An Assignment Be In Writing?

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Lawyers are sometimes asked to render an opinion that "the [bill of sale] is sufficient as to form to transfer the Company’s right, title and interest in and to the assets specified in the Agreement to the Buyer".   Implicit...more

Weintraub Tobin

Recent Fires Serve as Reminder That Casualty Will Always be a Hot Issue

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Fires have played a major role in the history of California. Not only have these disasters repeatedly left a trail of devastation through the State’s forests and other natural areas, but recent fires have been noteworthy in...more

Mintz - Privacy & Cybersecurity Viewpoints

California Legislature Passes New Key Privacy Laws, Expected to Be Signed Next Week

California lawmakers wrapped up this year’s legislative session, passing roughly 900 bills this year. Among those were only a few privacy initiatives, which we outline below. ...more

Perkins Coie

Court Upholds California Law Limiting Local Governments’ Ability to Deny Housing Development Applications

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In a major recent decision, the California Court of Appeal rejected a city’s interpretation of what constitutes an “objective” standard under the Housing Accountability Act (HAA), Government Code section 65589.5, and upheld...more

Allen Matkins

Unsuccessful Derivative Plaintiff Found Personally Liable For Defendant's Attorneys' Fees

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I expect that most plaintiffs in derivative actions do not expect to pay a defendant's attorneys' fees if they lose because under the "American Rule" each side pays their own attorneys' fees, regardless of who wins.  A...more

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