This is a rare case in which a “failure to disclose” claim was defeated by a pre-trial summary judgment motion. Even rarer considering that the Court found that the defects should have been disclosed … if the sellers had actual notice. READ MORE

The California Court of Appeal recently held that a lender that took possession of a defaulting tenant’s premises and then transferred its interest to a third party was not liable to the landlord for future rent. READ MORE

The California Court of Appeal for the First Appellate District in San Francisco recently held that commercial borrowers are entitled to a trial by jury even though they signed loan documents that contained a jury waiver under New York law. READ MORE

In what can only be described as pure “chutzpah,” a commercial real estate investment fund argued that it was the alter ego of its property-level SPE to avoid liability under a guaranty. The attempt was rebuffed by a California appellate court. READ MORE

The California Court of Appeal recently issued an opinion which reminds us to take another look at the “boilerplate” indemnity provisions in commercial leases. READ MORE