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Commercial landlords: Time to tighten up your lease waivers of liability?

Jeff Brown January 5, 2021
Empty warehouse floor

The California Court of Appeal recently upheld an exculpatory clause which spared the landlord from a tenant’s claim for personal injuries resulting from allegedly defective conditions of the leased premises. The case is a reminder for landlords to go back to their lease forms and make sure that they are getting the most exculpatory protection they can. READ MORE

What real estate parties should consider for letters of intent

Jeff Brown Jason Grinnell October 22, 2020
letters-of-intent---real-estate_19525117274_o

As new real estate transactions begin to heat up, Letters of Intent will likely become relevant again. This article briefly describes issues to keep in mind as you begin to get back into the trenches for new deals. READ MORE

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