C.C.P. section 425.16 allows for a special motion to strike “a cause of action against a person arising from any act of that person in furtherance of the person’s right of petition or free speech under the United States Constitution or the California Constitution in...
The Law on Assumption or Rejection of Leases Pursuant to Bankruptcy Code §365(a), a debtor in possession of real property, “subject to the court’s approval, may assume or reject any executory contract or unexpired lease of the debtor.” (11 U.S.C. §365(a).) In...
An equitable servitude is a legal term that is used, in the context of real property, to describe a non-possessory interest in land that operates much like a covenant running with the land. In other words, it operates very much like a restriction on the use of land....
A tenant’s rights and obligations after foreclosure will depend on whether the lease had priority over the deed of trust (“DOT”) or mortgage in foreclosure. (See RNT Holdings, LLC v. United General Title Insurance Company, 230 Cal. App. 4th 1289 (2d Dist. 2014).)...
A tenant’s bankruptcy or insolvency does not automatically terminate an unexpired lease of real property. It does not matter whether the lease expressly authorizes early termination in the case that the tenant becomes insolvent or bankrupt, because these types of...
Fixtures are items of personal property that are so attached to the land that they are considered a part of it. (See Civ. Code § 660; People v. Church (1943) 136 P.2d 139, 144.) Specifically, “whether an article is a fixture is ordinarily a question of fact to...
