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Why plaintiffs should think twice before recording a lis pendens

Jeff Brown Lauren Chee May 6, 2020
Commercial real estate building for rent

In Goens v. Blood, the United States District Court of the Southern District of California recently held that commercial tenants cannot record lis pendens where they fail to sufficiently allege a real property claim under California’s lis pendens statute, as opposed to lawsuits that are essentially fraud actions seeking monetary damages with constructive trust allegations appended. READ MORE

Rest in peace: ROFRs expire once a tenant becomes a holdover tenant

Jeff Brown January 24, 2019
A lease agreement about to be signed

Thanks to a decision from the California Court of Appeals, a right of first refusal contained in a written lease expires when the tenant becomes a “holdover” tenant. Now, tenants must seek specific language in their leases to preserve ROFR privileges. READ MORE