Home > Insights > Blogs > The Ground Floor > "California-Court-of-Appeal"

The Ground Floor

The Ground Floor

(By accessing, browsing or using the pages below, you agree to the Blog Conditions of Use/Disclaimer available under "Links.")


Vineyard buyer's fraud claim dying on the vine

Jeff Brown October 6, 2017

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

Commercial landlords beware! Time to modify your lease form allowing encumbrance of tenant’s interest?

Jeff Brown August 31, 2017

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

So you think you can avoid California’s anti-jury waiver?

Jeff Brown February 8, 2017

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

California appeals court rejects ‘creative’ sham guaranty defense

Jeff Brown October 11, 2016
shops on Rodeo Drive in Beverly Hills

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

Commercial landlords: Time to tune up your indemnity provisions

Jeff Brown August 24, 2016
mechanic with wrench

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

Man assumed the risk of injury from chainsaw-wielding psychopathic killer

Jeff Brown December 2, 2015

The Court put forth the classic and simple truth about this case: “Being chased within the physical confines of The Haunted Trail by a chainsaw carrying maniac is a fundamental part and inherent risk of this amusement. [Plaintiff] voluntarily paid money to experience it. It is not the function of tort law to police such conduct.” READ MORE