Developments

When a Partnership Fails, Is It Dissociation or Dissolution?

Once in a while, legal opinions are downright entertaining. Corrales v. Corrales, G043598 (2011) is a prime example. In this case, a California Court of Appeal found that the case had been tried on a “completely erroneous legal theory,” and resorted to humor to make the best of a bad situation.
The case involved two brothers, Rudy and Richard. Rudy wanted to start a business to repair, refurbis…

Court Upholds Suit Against Lender For Breach of Promise to Delay Foreclosure

A California Court of Appeal reinstated a lawsuit against World Savings based on wrongful foreclosure. In Garcia v. World Savings, FSB, No. B214822 (2010), the Court rejected the borrowers’ claim that World had agreed to delay the foreclosure, but permitted their action to proceed on the basis of promissory estoppel. From the lender’s standpoint, the result was essentially the same.
The cas…

House Sale Falls Through, Sellers Denied $600,000 Damages

In Kuish v. Smith, No. G040743 (2010), a California Court of Appeal refused to allow the sellers of a residence to retain the buyer’s $600,000 deposit after the buyer defaulted. No, that’s not a typo–the property was “right on the beach in Laguna Beach,” and the contract price was $14 million.
The parties had agreed in their original agreement to a $400,000 deposit, which was to be increased by…

Energy Usage Disclosure

Owners must disclose a nonresidential building’s energy usage information prior to selling, leasing or financing the entire building. (Public Resources Code Section 25402.10) The new law will be phased into effect according to the following schedule:

The owner must deliver the energy usage information to a prospective buyer or tenant at least 24 hours prior to signing the sales contract or…

Accessibility Disclosure

All leases of commercial property signed on and after July 1, 2013 must state whether the property being leased has undergone inspection by a Certified Access Specialist, and, if it has, whether the property has or has not been determined to meet all applicable construction-related accessibility standards. (Civil Code Section 1938) The requirement applies to sublessors as well as landlords. Not…

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