That’s Common Knowledge! Failure to Designate an Expert Witness in a...
By: Lyndsey Torp In reversing summary judgment for defendants, the California Fourth District Court of Appeal recently held that homeowners suing their real estate broker for negligence did not need...
View ArticleCCP 998 Does Not Confer an Independent Right to Attorneys’ Fees
By: Tony Carucci A so-called “offer to compromise” under California Code of Civil Procedure section 998 can reverse the parties’ entitlement to costs after the date of the offer, depending on the...
View ArticleShort-Term Rental Legislation & Litigation On the Way!
The advent of the shared economy in the real estate context has provided homeowners and investors alike with expanded opportunities to generate revenue from the use of their real estate. Airbnb and...
View ArticleAirbnb Declares End to Party!
By Patrick Paul As municipalities around the country evaluate changes to their respective codes in an effort to exert greater control over bad actors in the vacation rental market, Airbnb announced on...
View ArticleArizona Governor Ducey’s Executive Order on Residential Eviction Actions
By: Bob Henry As part of the State of Arizona’s response to the current public health crisis, on March 24, 2020, Arizona Governor Ducey issued Executive Order 2020-14, titled “Postponement of Eviction...
View ArticleDoes a Broker Forfeit His or Her Commission for Technical Non-Compliance with...
By: Kevin J. Parker In a recent Arizona Court of Appeals case, CK Revocable Trust v. My Home Group Real Estate LLC, 2020 WL 4306183 (7/28/2020), the Court of Appeals addressed the distinction between...
View ArticleMarried Couple’s Acquisition of Title as Joint Tenants Does Not Rebut the...
By: Kevin J. Parker https://www.swlaw.com/people/kevin_parker In re Brace, 470 P.3d 15 (Cal. 2020), a California married couple acquired real property with community funds, and took title as “husband...
View ArticleTort Claims Against an Alter Ego May Be Considered an Action “On a Contract”...
By: Tony Carucci California Civil Code section 1717 entitles the prevailing party to attorneys’ fees “[i]n any action on a contract,” where the contract provides for an award of attorneys’ fees to the...
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Amada Family Limited Partnership v. Pomeroy: Colorado Court of Appeals...
On May 27, 2021, a division of the Colorado Court of Appeals issued its opinion in Amada Family Limited Partnership v. Pomeroy, 2021 COA 73. In that case, the court decided two significant issues that...
View ArticleLiquidated Damages: Too High and It’s a Penalty. Too Low and You’re Out of Luck.
By: Christian Fernandez Liquidated damages provisions in commercial and residential real estate contracts play a vital role when a transaction goes south, and should be given careful consideration...
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