real property law
Normally, boundary disputes between neighbors are resolved by a survey to establish the location property lines contained in a deed. However, under certain circumstances, a neighbor may show that the property line was established by an agreement between the neighbors on each side of the line. In Martin v. Van Bergen, the California Court of… read more
A commercial tenant is typically obligated by its lease to maintain and repair the leased property. If a tenant breaches those obligations, the landlord may notify the tenant of a default in the terms of the lease and, if the tenant does not cure the default, terminate the lease. However, if the landlord does not… read more
A residential borrower who relies on a lender’s promise to negotiate a loan modification may have a claim against the lender if the lender breaches that promise. In a recent case before the California Court of Appeal, Aceves v. U.S. Bank, the plaintiff homeowner alleged that she filed a petition in bankruptcy to avoid foreclosure… read more
In Luna v. Brownwell, the California Court of Appeal ruled that a deed executed in anticipation of the creation of a trust is effective to transfer property to the trust as soon as the trust is created. In Luna, a property owner initially attempted to plan his estate by adding his sisters to title. Later,… read more
Over the past 20 years, approximately half of the states have recognized a cause of action for tortious interference with an expected inheritance. California has not. In Munn v. Briggs, the California Court of Appeal declined to recognize the claim where California probate law provided a remedy to the party seeking to assert the claim.