09 Sep, 2024 The best way to keep one’s word is not to give it; “nonbinding” usually means nonbinding By Jeff Brown There can be a fine line between an unenforceable agreement to agree and an enforceable agreement with set terms. The Fourth District...
12 Apr, 2024 Get It Right The First Time: The Implications of Recording a Defective Lis Pendens By Jeff Brown Aya Elalami In De Martini v Superior Court, the California Court of Appeal recently held that a claimant cannot record a subsequent lis pendens on...
17 Nov, 2023 Be careful what you wish for: Using a license instead of a lease may preclude the use of California’s summary eviction procedure By Jeff Brown In Castaic Studios, LLC v. Wonderland Studios LLC, the California Court of Appeal held that when a property owner only licenses its real...
17 May, 2023 Landlords and tenants: Pay close attention to your force majeure provisions By Jeff Brown Aya Elalami Since March 2020, California commercial landlords and tenants have faced financial ramifications as a result of COVID-19 and associated...
29 Nov, 2021 CA appellate court ‘sounds off’ on neighborly dispute over noisy property By Jeff Brown Aya Elalami In Chase v. Wizmann, the California Court of Appeal affirmed a preliminary injunction that ordered a neighbor to relocate his loud pool...
28 Jul, 2021 Cannabis company denied arbitration – reminder to avoid conflicting remedies in lease agreements By Jeff Brown Aya Elalami In a lease dispute between a ranch-owner and cannabis company, a California state court of appeal ruled that the arbitration provision...
05 Jan, 2021 Commercial landlords: Time to tighten up your lease waivers of liability? By Jeff Brown In Garcia v. D/AQ Corporation, the California Court of Appeal recently upheld an exculpatory clause[1] which spared the landlord from a...
22 Oct, 2020 What real estate parties should consider for letters of intent By Jeff Brown fFrom the authors: Thank you for the overwhelming response this article has received. If you are in-house counsel and would like to...
14 Oct, 2020 Work-out agreements and loan modifications: Put them in writing if the collateral is real property By Thompson Coburn Attorney In a recent decision, the California Court of Appeal held that the statute of frauds precluded an investment borrower from alleging that...
27 Jul, 2020 Trusted advisors: Altered reality - Rethinking retail lease clauses in the COVID era By Jeff Brown Aya Elalami This content originally appeared in the July 13 issue of the Los Angeles Business Journal. The United States continues to feel the...
10 Jun, 2020 Lienholders beware: Must you share the wealth? By Jeff Brown In Zieve, Brodnax & Steele, LLP v. Dhindsa, the California Court of Appeal held a California statute that establishes the priority of...
06 May, 2020 Why plaintiffs should think twice before recording a lis pendens By Jeff Brown In Goens v. Blood, the United States District Court of the Southern District of California recently held that commercial tenants cannot...
14 Apr, 2020 Playing the hand you’re dealt: Dealing with force majeure clauses like a Maverick By Jeff Brown During the COVID-19 pandemic, among the issues that are being discussed are "force majeure" provisions in various contracts. To attempt...
07 Apr, 2020 California Judicial Council enacts Emergency Rules to suspend eviction and foreclosure actions during COVID-19 pandemic By Jeff Brown Effective April 6, 2020, the California Judicial Council enacted eleven Emergency Rules of the California Rules of Court due to the...
07 Oct, 2019 Ghost kitchens: A scary-good real estate opportunity in California By Jeff Brown Aya Elalami This article first appeared in the October 14 issue of the Los Angeles Business Journal. I have to admit that I was caught by surprise...
24 Jan, 2019 Rest in peace: ROFRs expire once a tenant becomes a holdover tenant By Jeff Brown In a case of first impression in California, the California Court of Appeal in Smyth v. Berman held that in the absence of specific...