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The Ground Floor

The Ground Floor

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Vineyard buyer's fraud claim dying on the vine

Jeff Brown October 6, 2017
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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
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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
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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
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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
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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