There can be a fine line between an unenforceable agreement to agree and an enforceable agreement with set terms. The Fourth District Court of Appeal reminds us, though, that courts may take parties at their word when the terms of a preliminary agreement state that it is not a binding contract. READ MORE

In Chase v. Wizmann, the California Court of Appeal affirmed a preliminary injunction that ordered a neighbor to relocate his loud pool and air conditioning equipment to the other side of his house, at considerable expense, before trial. This case reminds real property owners to be neighborly to adjacent property owners. READ MORE

In a lease dispute between a ranch-owner and cannabis company, a California state court of appeal ruled that the arbitration provision included in the lease was not enforceable, as it would nullify conflicting remedy rights granted to the landlords elsewhere in the lease. READ MORE

The California Court of Appeal recently upheld an exculpatory clause which spared the landlord from a tenant’s claim for personal injuries resulting from allegedly defective conditions of the leased premises. The case is a reminder for landlords to go back to their lease forms and make sure that they are getting the most exculpatory protection they can. READ MORE

As new real estate transactions begin to heat up, Letters of Intent will likely become relevant again. This article briefly describes issues to keep in mind as you begin to get back into the trenches for new deals. READ MORE

In a recent decision, the California Court of Appeal held that the statute of frauds precluded an investment borrower from alleging there was a verbal commitment that the borrower could refinance or re-amortize a real estate-secured loan with a new repayment period. READ MORE

As businesses begin to resume operations, retail tenants and landlords face a stark new reality: Lease terms agreed to in pre- COVID times may no longer be applicable or even reasonable in this new setting. While the coronavirus pandemic made everyone review their leases for force majeure provisions, these three common retail lease provisions may require review and stress testing in this COVID paradigm. READ MORE

In Zieve, Brodnax & Steele, LLP v. Dhindsa, the California Court of Appeal held a California statute that establishes the priority of payment of proceeds from a nonjudicial foreclosure sale does not extinguish the rights of junior lienholders to surplus sale proceeds. READ MORE

In Goens v. Blood, the United States District Court of the Southern District of California recently held that commercial tenants cannot record lis pendens where they fail to sufficiently allege a real property claim under California’s lis pendens statute, as opposed to lawsuits that are essentially fraud actions seeking monetary damages with constructive trust allegations appended. READ MORE

During the COVID-19 pandemic, among the issues that are being discussed are "force majeure" provisions in various contracts. To attempt to bring a bit of lightness into that discussion, we will discuss a 1961 appellate decision about force majeure in the context of a then-very popular television actor and equally popular television show. READ MORE

Effective April 6, 2020, the California Judicial Council enacted eleven Emergency Rules of the California Rules of Court due to the COVID-19 pandemic. READ MORE

While the concepts of commissary kitchens for food preparation and food delivery are nothing new, the volume and velocity thanks to ecommerce create a challenge for restaurants to keep pace. Ghost kitchens answer these needs, but create unique real estate opportunities for zoning, building code compliance, and licensing. READ MORE

Thanks to a decision from the California Court of Appeals, a right of first refusal contained in a written lease expires when the tenant becomes a “holdover” tenant. Now, tenants must seek specific language in their leases to preserve ROFR privileges. READ MORE

The California Supreme Court has held that a new owner of property obtained through non-judicial foreclosure must perfect title before serving a written notice to quit on the current tenants. READ MORE

After Martin v. City of Boise, prosecuting homeless individuals with no access to alternative shelter for using public spaces could be unlawful. Though the decision is narrow, city governments will have to reevaluate the constitutionality of ordinances targeting the homeless. READ MORE

A recent ruling clarifying California’s view on exceptions to the parol evidence rule serves as a reminder to fraudsters: don’t count on the rule to keep outside evidence contradicting a contract from entering the court room. READ MORE

Waiving Section 1950.7 helps landlords avoid returning portions of security deposits when they could be used to offset anticipated damages after a tenant has abandoned a premises. Without a waiver, options become limited. READ MORE

If contractors in California want to retain the chance to arbitrate a contractual dispute, they must comply with a state statute when seeking to enforce a mechanic’s lien. Otherwise they’ll be stuck litigating the dispute in court. READ MORE

A California resident was recently denied a Conditional Use Permit to keep as many as five tigers on her property outside of Malibu. READ MORE

A federal court ruling from Michigan stresses how important it is for landlords to monitor the activities of their tenants and has provoked discussion about insurance coverage disputes involving businesses engaged in the production or sale of cannabis. READ MORE

This is a rare case in which a “failure to disclose” claim was defeated by a pre-trial summary judgment motion. Even rarer considering that the Court found that the defects should have been disclosed … if the sellers had actual notice. READ MORE

The California Court of Appeal recently held that a lender that took possession of a defaulting tenant’s premises and then transferred its interest to a third party was not liable to the landlord for future rent. READ MORE

In shopping center leases, the landlord may agree to protect current tenants with exclusive use provisions, blocking future tenants from competing with the already existing businesses READ MORE

The California’s Fourth Appellate District has concluded that “reverse veil piercing” is possible to add a limited liability company to a judgment against the 99 percent owner of that LLC, in a decision that distinguishes itself from the 2008 appellate decision, Postal Instant Press, Inc. v. Kaswa Corp. READ MORE

The Court provided the moral of the story: “Landowners who proceed with a project before the merits of their claims have been decided risk a finding that their objections were forfeited.” READ MORE

ADR, Liquidated Damages, and Letters of Intent should be considered well in advance when contemplating a possible real estate transaction as they can lead the way to minimizing exposure and maximizing recovery in the event of a dispute arising from the transaction. READ MORE

In view of the current enforcement policy of the federal government, the Court of Appeal held that the lease was enforceable, at least for purposes of a damages lawsuit for its breach. READ MORE

The decision lends support to the typical provisions of leases that allow only a shortened period of time for the tenant to object to the landlord's statement of CAM charges. READ MORE

The California Court of Appeal for the First Appellate District in San Francisco recently held that commercial borrowers are entitled to a trial by jury even though they signed loan documents that contained a jury waiver under New York law. READ MORE

The Court concluded that the real estate salesperson owed the parties to that transaction the same fiduciary duties as the broker on whose behalf he acted. READ MORE

The new Prop 65 regulations materially change the requirements for warnings on products, labels, tags, packaging, and posting of signs for products, and now specifically addresses internet sales. By requiring that this information be provided, Prop 65 is intended to enable Californians to make informed decisions about protecting themselves from exposure to harmful chemicals. READ MORE

In what can only be described as pure “chutzpah,” a commercial real estate investment fund argued that it was the alter ego of its property-level SPE to avoid liability under a guaranty. The attempt was rebuffed by a California appellate court. READ MORE

The California Court of Appeal recently issued an opinion which reminds us to take another look at the “boilerplate” indemnity provisions in commercial leases. READ MORE

Confusion surrounds the attorney-client privilege. Many think they have it when they do not and even if they do, they fail to appreciate how easy it is to lose. In either case, not enough attention is paid to the possibility that the privilege may be unavailable. READ MORE

We’ll go through the basic steps of an appraisal to determine rent, including when the appraisal process starts, how to pick an appraiser (or appraisers), and how a rent determination is actually made. READ MORE

California property owners are no more likely than any other business to opt for judicial reference, but because they are so contract-intensive, real estate disputes have spurred several interesting appellate opinions that in recent years have looked at the benefits — and limitations — of this uniquely Californian option for dispute resolution. READ MORE

Among the objections that governments and regulators offer regarding Airbnb are its ability to undermine landlord-tenant law or subvert rent control ordinances (such as removing tenants for the purpose of getting higher short term rents from short term occupants). READ MORE

As deal lawyers know, it’s usually far better to clarify what you want during the negotiation of an agreement — while the parties are relatively amicable — rather than to argue about it when they’re not. Add indemnity to the list of “boilerplate” provisions that should be carefully drafted. READ MORE

The Court put forth the classic and simple truth about this case: “Being chased within the physical confines of The Haunted Trail by a chainsaw carrying maniac is a fundamental part and inherent risk of this amusement. [Plaintiff] voluntarily paid money to experience it. It is not the function of tort law to police such conduct.” READ MORE

Jeff Brown of our LA office and David Dick of our St. Louis office discuss the strategic use of mediation, litigation, and arbitration provisions. READ MORE

The California Attorney General has proposed amendments to California’s Proposition 65 regulations governing enforcement actions brought by a “private person in the public interest.” READ MORE

Real estate brokers, agricultural entities and utilities among others have increasingly used drones to photograph, monitor, or inspect properties, with new applications and hardware enhancements being introduced continuously. Clarity regarding just where and at what altitude these drones can operate is a goal easily stated, but as Governor Brown just demonstrated, it is a goal not easily achieved. READ MORE

The desire to protect oneself is human nature. Nowhere is that more obvious than when drafting complex commercial real estate deals, where parties often have conflicting goals regarding liability. READ MORE

Not all tenants are created equal. Shopping center landlords can agree that having a high-end retailer on their roster often beats out the local mom-n-pop shop. But what is a landlord to do when that top retailer comes along after the lease with the local mom-n-pop shop is already inked? READ MORE

Liquidated damages can provide parties added incentive to perform all types of contracts, including commercial real estate contracts. But are they enforceable in California? The short answer is that they’re presumed to be enforceable as long as they’re not a penalty. READ MORE

More and more real estate marketing professionals are utilizing drones to capture dramatic footage of properties listed for sale. In the pre-drone days, brokers needed helicopters — and a big budget. READ MORE

Letters of Intent can be minefields. On the one hand, business people want to use them to tie up a deal. On the other, they don’t want to be bound by them if they want to walk away. READ MORE

To avoid future disputes, the parties should clearly and expressly designate those uses that the landlord cannot allow other tenants to undertake. General, broad descriptions can result in litigation later on, as can uses that are too narrow in their description. READ MORE

Whether you’re traveling the 405, the 101, or the I-80, California is all about commercial real estate. In fact, other than water, many believe the most important legal issues concerning the Golden State are those with respect to the acquisition, management, and disposition of real property READ MORE