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Supreme Court Rules On Dual Agency

This morning, November 21, 2016, in a unanimous decision, the California Supreme Court re-affirmed that when the real estate agent for the seller and the separate real estate agent for the buyer, both work for the same real estate brokerage company, then they both are...

Deed of Trust Sham Guaranty

If a borrower for a loan secured by commercial real property applies for the loan in the person's own name, the lender is likely to insist that the property and the loan be in the name of a Single-Purpose-Entity (SPE). The lender does this in order to qualify for...

This Time the Courts Got It Wrong

From time to time I write about a new court decision of interest to real estate and construction professionals, and punctuate my comments with the observation that the courts are not stupid and cut through the technical and procedural to get to what is really just....

Marijuana Law: The Courts Aren’t Stupid

MediMarts, Inc., a marijuana dispensary, sued the City of San Jose, to prevent it from enforcing its ordinance imposing its Marijuana Business Tax and requiring MediMarts to submit tax returns disclosing the amount of its sales of cannabis-containing-products, on the...

Court Jurisdiction and the Internet

A person in Texas posts on the internet angry denunciations of a man in California, posts his address and the names of his wife and children, and encourages physical attacks on their persons and property. Can the man sue the person from Texas in California?The answer...

Unaffordable Contracts Held Unendforceable

The Court of Appeal for San Jose has held that borrowers could sue the lender and the buyer at a foreclosure sale to have the loan held to be unenforceable, where the loan required payments $1000.00 per month higher than the borrowers' monthly income. That the...

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