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 […]
Court Confirms Privilege Between Title Insurer, Insured and Attorney
/by Peterson, Martin & Reynolds LLPAttorneys 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 […]
Purchasers (Sometimes) Have Only Two Years to Sue Brokers and Agents
/by Peterson, Martin & Reynolds LLPCode 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 […]
Not a Riddle – When is a Non-navigable River Navigable?
/by Peterson, Martin & Reynolds LLPThis 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
/by Peterson, Martin & Reynolds LLPSubcontractor 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 […]
Represented real estate professionals in commission disputes
/by Peterson, Martin & Reynolds LLPRepresented general contractor in breach of contract suit against property owners
/by Peterson, Martin & Reynolds LLPListing Broker Not Liable to Buyer for Validity of Outdated Geologist’s Report
/by Peterson, Martin & Reynolds LLPListing 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
/by Peterson, Martin & Reynolds LLPScope 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
/by Peterson, Martin & Reynolds LLPBuyer 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
/by Peterson, Martin & Reynolds LLPSellers 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 […]