Servient Tenement Owner’s Refusal to Authorize Necessary Improvements to Access Road Was Interference With Easement– Angela J. Okamura Plaintiff Flora Dolnikov purchased undeveloped property in the Hollywood Hills. The property had an existing recorded easement running with the land for access by way of the adjacent parcel, or servient property. After obtaining permits from […]
This case involved a unique set of facts which arose due to the convergence of a fraudulent loan transaction and the subsequent bankruptcy of a bank. Plaintiff Mary McGurk had fallen behind on her mortgage when defendant Kim convinced her to “refinance” by deeding her home to him and leasing the property back to her. […]
In Centex Homes, the Homeowners’ association (HOA) brought action against builder for violations of various statutory building standards. Builder moved for leave to file a cross-complaint against city for, among other things, equitable indemnification. City argued that builder’s claim for equitable indemnity was untimely. The trial court agreed and dismissed the claim against city; the […]
Construction Lenders Cannot Circumvent Stop Payment Notices – Jonathan H. Finke Point Center Financial, Inc., served as a construction lender for a condominium project in San Diego, California. Included in lender’s construction funds were loans obtained from third-party investors, from which lender prepaid itself interest, loan underwriting and other fees totaling over $1.5 million. […]
Attorneys rely daily on the existence of the attorney client privilege to communicate openly with their clients without fear of being compelled to disclose these communications. Clients are justifiably reluctant to disclose information without assurances that their communications are protected. Our system could not function in its current form without the ability of attorneys and […]
Code of Civil Procedure section 2079.4 requires that purchasers bring any lawsuit against the “listing agent” within two years of the transaction; however, that section does not apply to the “selling agent.” In William L. Lyon & Associates, a purchaser sued a real estate broker and its agent, who were dual agents in the […]
This case, Sumner Hill Homeowners Assoc., Inc. v. Rio Mesa Holdings, LLC (2012) 205 Cal.App.4th 999, involved two issues: whether homeowners had private access rights to the San Joaquin River, which turned on whether a portion of that river is “navigable” within the purview of the Harbors & Navigation Code, and whether a plaintiff claiming […]
Subcontractor Without California License Not Barred From Collecting For Work On Federal Project – K. Nina Reynolds In general, California law prohibits an unlicensed contractor from bringing an action to recover payment for work that requires a license. (Bus. & Prof. Code § 7031 (“Section 7031”).) Two recent cases have addressed Section 7031. As […]
