Entries by Peterson, Martin & Reynolds LLP

Court Confirms Privilege Between Title Insurer, Insured and Attorney

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 […]

Not a Riddle – When is a Non-navigable River Navigable?

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

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 […]

Listing Broker Not Liable to Buyer for Validity of Outdated Geologist’s Report

Listing Broker Not Liable to Buyer for Validity of Outdated Geologist’s Report – Henry Walker   This case, Saffie v. Schmeling, stems from statements in a Multiple Listing Service (“MLS”) listing regarding the development potential of a commercial lot in an earthquake zone in Riverside County. The listing broker included statements in the MLS listing […]

Scope of Easement Limited to Historical Use

Scope of Easement Limited to Historical Use – M. Henry Walker This case involved the determination of the scope of an easement over property in Kings Beach, Lake Tahoe. Plaintiffs Rye, owners of the property (i.e., the “servient tenement”), sued defendant Tahoe Truckee Sierra Disposal Company to prevent expansion of the easement historically used for […]

Buyer Sufficiently Alleged That Purchase Agreement Provision Calling for Nonrefundable Deposit Was Unenforceable

Buyer Sufficiently Alleged That Purchase Agreement Provision Calling for Nonrefundable Deposit Was Unenforceable – K. Nina Reynolds   Buyer contracted to buy a mobile home park in Sunnyvale, California. Buyer delivered a $3 million deposit directly to seller, which the contract provided was nonrefundable unless seller materially breached the purchase agreement or failed or refused […]

Sellers Required to Provide Transfer Disclosure Statements to Buyers of Mixed-Use Properties

Sellers Required to Provide Transfer Disclosure Statements to Buyers of Mixed-Use Properties – Jonathan Finke   In Richman v. Hartley, Hartley entered into a written agreement with Richman to purchase a single parcel of real property (the “Property”) owned by Richman containing two structures, a residential duplex and a commercial building. Under a simultaneously executed […]