Summary In Evleshin v. Meyer, the California Court of Appeals addressed a significant question regarding dispute resolution in real estate purchase and sale contracts: Does a party forfeit their right to recover prevailing party attorneys’ fees by initially refusing to mediate, even if they later agree to mediate before a lawsuit is filed? The court […]
Summary In Fennessy v. Altoonian, the California Court of Appeals affirmed that when a real estate agent settles a lawsuit with a buyer in good faith, that settlement can block the seller from pursuing their own cross-claims against the agent—even claims for breach of contract and breach of fiduciary duty. The court ruled that if […]
Summary In City of Rancho Palos Verdes v. State, the California Court of Appeals affirmed the constitutionality of Senate Bill No. 9 (SB 9), a state law requiring ministerial approval of certain housing developments in single-family zones. A group of general law cities challenged the law, arguing it illegally usurped their local control over land […]
Recent California appellate decisions in Gharibian v. Wawanesa General Insurance Company and 11640 Woodbridge Condominium Homeowners’ Association v. Farmers Insurance Exchange offer important insights into how courts interpret property insurance policies when damage occurs. Though both cases involved damage to homes, the courts reached different conclusions regarding the insurers’ obligations, underscoring the significance of specific […]
Summary The California Supreme Court affirmed the validity of a co-tenancy provision in JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC, establishing that such provisions can constitute an acceptable form of alternative performance in commercial leases rather than functioning as unenforceable penalties. This ruling underscores the enforceability of lease terms negotiated at arm’s length by […]
Summary In Lazar v. Bishop, the California Court of Appeal resolved a pivotal question: whether a breach of fiduciary duty claim against a real estate broker could be assigned to another party. The court ruled that such claims are assignable when they pertain to property or pecuniary interests rather than highly personal or confidential relationships. […]
Summary In Schneider v. Lane, the California Court of Appeal addressed the obligations of a dominant tenement owner (Karla Lane) under Civil Code §845. The case arose from repeated damage to her easement due to riverbank erosion over the course of more than a decade. In 2011, the trial court allowed Lane, the owner of […]
Summary The dispute in Castaic Studios v. Wonderland Studios centered on the interpretation and enforcement of a commercial property agreement, highlighting critical distinctions between the law governing commercial lease agreements and license agreements. Because the agreement in the case was governed by contract law, not landlord-tenant law, the owner of the commercial property was barred […]
This case involves a challenge under California’s Housing Crisis Act to the City of Culver City’s ordinance reducing the floor area ratio (FAR) permitted for single-family homes. Plaintiffs Yes in My Back Yard and Sonja Trauss (collectively, YIMBY) filed a petition for writ of mandate after the city adopted Ordinance No. 2020-010, which lowered the […]
In a September 2023 decision, the California Court of Appeals affirmed a judgment in favor of a commercial landlord who prevailed on summary judgment in an unlawful detainer action against a tenant fitness center that stopped paying rent during COVID-19 closure orders. The Second Appellate District ruled in Fitness International, LLC v. KB Salt Lake […]
