Court Gives Guidance On Procedure For Pursuing “Tort Of Another” Damages [by Zachary Young]
In 1963, the California Supreme Court adopted the “tort of another” doctrine in the seminal case Prentice v. North American […]
The Door Is Open For 5th Amendment Takings Lawsuits In Federal Court Under The Civil Rights Act [By Randy Sullivan]
A damaged Property Owner no longer has to exhaust administrative remedies in State Court if they wish to pursue a […]
When Business Competition Goes Too Far: Interference With At-Will Contracts
The American economy’s capitalist features promote the need for healthy business competition. One of the judiciary’s jobs has been to […]
Discovering Discovery in Arbitration [by Zachary Young]
Over the years, increasingly more potential litigants have turned to alternative dispute resolution processes, including arbitration, to resolve their disputes. […]
Preexisting Condition Nullified Equitable Easement [By Randy Sullivan]
Coming to a nuisance is a defense, and so too is coming to own real property with known access issues. […]
Court Boldly Goes Where No Court Has Gone Before While Navigating the Nuances of Attorney’s Fees and the Alter Ego Doctrine [Zachary Young]
Nothing triggers nerdy excitement within the legal community quite like a freshly decided case that claims to address an issue […]
Settlement for $38,300,000
Randy Sullivan recently resolved an eminent domain action for $38,300,000, which was $10,710,000 more than the condemning agency’s expert damage […]
Conflict of Law on Corporate Liability For Fire Suppression Costs [By Randy Sullivan]
Recently the court allowed CalFire to recover fire suppression and investigative costs from anyone who starts a fire, including a […]
“Neighborly” Beach Access [By Randy Sullivan]
Easement rights and beach access have been an ongoing and regular area of dispute. One strategy to keep neighbors off […]
Court Has Flexibility In Boundary Disputes [By John H. Patton]
Sometimes neighbors get into disputes about rights along their boundaries. These can encompass all manner of issues, from determining the exact boundary (usually by survey); to quarrels about views, trees, and landscaping; to disagreement about access and easement rights; to debate over the use and ownership of encroaching structures.
Landowner Prevails In Spot Zoning Case [By Randy Sullivan]
The court of appeals recently considered whether spot zoning occurred in the City of San Clemente and thus entitled the property owner to compensation as a “constitutional taking” of property by the government.
Damage Presentation Key in Recovering Lost Profits [By Randy Sullivan]
Two recent cases involving failed land development transactions produced two extremely different outcomes. And, on closer examination, it’s clear the results turned on the plaintiff’s ability to demonstrate lost profits.
When is Final Really Final? – First National Mortgage Company v. Federal Realty Investment Trust [By Randy Sullivan]
When real estate negotiations turn hot, offers and counter-offers move quickly, often with more focus on the terms of the transactions than the legal niceties. That can be an expensive mistake, as one developer found recently when a ‘Final Proposal’ morphed into a binding deal.