Category: Litigation

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$900K Judgment Against Supervising Broker Dischargeable in Bankruptcy Despite Agent’s Fraud.

In a lengthy and well-reasoned opinion, the 9th Cir. Bankruptcy Appellate Panel concluded that where the broker was unaware of the agent’s fraud, the state court Read More > ...

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Courts Give Landlord Relief From Rent Control Ordinances

Lakeesha Lyles (“Lyles”) was a tenant living in a rent controlled apartment in Los Angeles since 2003.  Her landlord, Denise Sengadeo-Patel (“Patel”), failed to send her Read More > ...

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Court Finds that Notices of Rent Increase Are Not Necessary for Resident Property Managers

Ceceilia Drumea (“Drumea”) was the resident property manager at an apartment building in Los Angeles for 18 years.  Prior to serving as the property manager, she Read More > ...

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Court Sanctions Buyer for Filing Frivolous Failure to Disclose Action

The recent case of Peake v. Underwood will hopefully deter frivolous claims against real estate agents. Peake purchased a home from Underwood.  Long after the sale Read More > ...

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Realtor Liability Blog Series

Law Offices of Peter N. Brewer put together a “Realtor Liability Blog Series.” We hope you find the information in this series to be informative as Read More > ...

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Court Affirms that Liability for Failure to Disclose Requires Relationship

The recent case of Hoffman v 162 North Wolfe LLC confirmed the statutory requirement that in order to prevail on a fraud claim for suppression of Read More > ...

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Anti-Deficiency Statutes Prevent Claims of Fraud for Purchase Money Loans

In November 2013, in Heritage Pacific Financial, LLC v. Montano, the Bankruptcy Appellate Panel for the Ninth Circuit (“BAP”) held that the one-action rule prevents a Read More > ...

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What Is the Difference Between Mediation And Arbitration? And Should I Initial the Arbitration Provision?

Often the terms “mediation” and “arbitration” are used indiscriminately, but they mean entirely different things for the parties to an agreement containing these provisions. 1. What Read More > ...

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Court Denies a Borrower’s Challenge to Foreclosure of a Secured Loan

In Jenkins v. JP Morgan Chase Bank, N.A., the Court affirmed a lower court’s decision dismissing a borrower’s challenge to a foreclosure sale based on securitization Read More > ...

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Court Again Reaffirms the Requirement to Strictly Comply with HOA Laws

The recent case of Diamond v. Superior Court (Casa Del Valle Homeowners Association) has reaffirmed the importance of a Homeowners Association (“HOA”) strictly complying with statutory Read More > ...

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Court Limits Class Action Suits Against Landlords

In a recent Second Appellate District ruling, the court made it more difficult for tenants to sue landlords in class action lawsuits.  In. Hendleman v. Los Read More > ...

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The Penalty Provision That Wasn’t

Under California law a “penalty provision”, or an unreasonable liquidated damages provision, is not enforceable.  Over the years public policy has changed to allow for more Read More > ...

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More Risk for Junior Lienholders – Understanding Subordination Agreements

Junior Lienholders are by their very nature assuming greater risk because they are not in first position.  In the case of R.E. Loans LLC v. Investors Read More > ...

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Court Eviscerates Lender’s Ability to Resolve Pre-Foreclosure Cases Quickly

In a stunning blow to lenders, the California Court of Appeals eviscerated a lender’s ability to resolve a wrongful foreclosure lawsuit quickly.  In Integan v. BAC Read More > ...

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Non-Profits Need to be More Diligent to Prevent Adverse Possession Claims

In California one can obtain title to someone else’s property through a process known as “adverse possession.” The requirements for adverse possession are (1) pay the Read More > ...

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Getting Paid After Winning; Additional Tips on Collecting on a Judgment

Congratulations, you have now won your case against the defendant and were awarded a judgment.  Oftentimes people assume that the hard work is over and money Read More > ...

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How Is The Deposition Scheduled?

A party to a lawsuit will request that the deposition occur.  The request for the witness to appear is known as a Notice of Deposition.  The Read More > ...

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We’ve Seen Some Weird Stuff

Over the years, we have encountered a number of strange fact patterns which tend to stand out in our collective memory. Below is a list of Read More > ...

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As a Borrower, Suing an Appraiser or an Appraisal Management Company May Not be a Wise Decision.

Our office is regularly contacted by borrowers/homeowners who are struggling to make their loan payments and are now contemplating suing an appraiser or the appraiser’s management Read More > ...

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Do I Need Padded Walls?

Sadly, when someone gets injured on a landowner’s property, one of the first thoughts the landowner may have is “I am going to be held liable Read More > ...

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HOA Litigation: A How To Guide

Recently, there has been a rise in disputes between homeowners and their Homeowners’ Associations (“HOAs”).  While many HOAs are willing to work with their members, others Read More > ...

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I Won! Now How Do I Get Paid?

Introduction Many times, obtaining a judgment does not guarantee you will be paid.  Unfortunately, judgment creditors cannot simply rely on the debtor to write a check Read More > ...

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What Is A Deposition?

A deposition is a discovery tool that is frequently used in lawsuits. At a deposition, a witness is asked questions and he/she must respond under oath. Read More > ...

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I’ve Been Sued – Now What?

A few months after building a new fence around your Bay Area home, your neighbor storms over, complaining that he had a survey done and found Read More > ...

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Who Can Be Deposed In A Lawsuit?

Any party to the lawsuit or anyone with information relevant to the lawsuit can be deposed. For example, in a Palo Alto house purchase dispute, you Read More > ...

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I Want To File A Lawsuit! How Much Will It Cost?

I want to file a lawsuit.  As a plaintiff, how much will my case cost? When the initial lawyer/client interview takes place our clients have a Read More > ...

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