Entries by Peterson, Martin & Reynolds LLP

JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC: Commercial Lease Co-Tenancy Provision Was a Valid Form of Alternative Performance

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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 […]

Lazar v. Bishop: Breach of Fiduciary Duty Claims Against Realtor Were Assignable by Buyer 

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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. […]

License Agreement Granting Use of Commercial Property Was Not a Lease and Therefore Not Subject to Landlord-Tenant Laws 

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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 […]

Yes in My Back Yard v. City of Culver City (2023): Court Clarifies Limits on Local Zoning Under Housing Act

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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 […]

Fitness International v. KB Salt Lake III: California Court Rejects Tenant’s Covid Defense as an Excuse for Unpaid Rent

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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 […]

Beebe v. Wonderful Pistachios: California Court Lowers Causation Bar in Bird Droppings Lawsuit

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Background In June 2023, the California Court of Appeal examined the proof needed to establish causation in toxic exposure cases, reversing a defense summary judgment in Beebe v. Wonderful Pistachios & Almonds LLC. The court held that the plaintiff had raised a triable issue of material fact through circumstantial evidence connecting his exposure to contaminated […]

Property Litigation in The Wake of Natural Disasters

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Natural disasters in California sometimes lead to complicated property disputes and insurance claims. The aftermath of a natural disaster can leave property owners grappling not only with the physical aftermath but also with boundary issues and insurance claims. You need a serious and committed real estate attorney to help you successfully work through any property […]

What Is a Zoning Variance and When Do You Need One?

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Zoning refers to legally designating different kinds of properties that can be built in a specific neighborhood or area. Municipalities and counties enact zoning ordinances for dictating and shaping a particular community. It also prevents illegal, inappropriate, or disputed real estate properties from cropping up. Choose an experienced real estate litigation attorney who can help […]