Real Property eNews

Yes. In California, you can record a second lis pendens on the same property, with the court’s permission, if the first is expunged. A lis pendens, or notice of pendency of action, is filed in any lawsuit affecting title or right to possession of real property, like partition actions. Under California’s Code of Civil Procedure, individuals can file a second lis pendens on the same property with the court’s permission, if the filing meets all statutory requirements. Read more

Coyote Aviation Corp. v. City of Redlands (2025) __ Cal.App.5th __, 2025 WL 1587299: The Court of Appeal affirmed the trial court’s order sustaining demurrers, without leave to amend, to Coyote Aviation Corp’s (Tenant) first amended complaint alleging breach of contract, specific performance, breach of the implied covenant of good faith and fair dealing, and declaratory relief and promissory estoppel/detrimental reliance related to defendant City of Redlands’ (City) denial of Tenant’s untimely request to renew its lease. The Court of Appeal also affirmed the trial court’s order granting City’s motion for summary judgment in its later unlawful detainer action filed after tenant Read more

Contingencies are conditions or requirements included in purchase agreements that must be met before the agreement moves forward. Contingencies are designed to protect the parties’ interests in the transaction by allowing them to back out of deals or renegotiate terms when certain conditions are not satisfied.  Read more

June 2025By Monty A. McIntyre, Esq. Monty A. McIntyre, Esq.Helping Attorneys Get Excellent Results Publisher: California Case Summaries™: Know More. Win More.Mediator at ADR Services, Inc.: Business, employment, insurance, probate, real property and torts cases.To schedule, contact one of Monty’s case managers Haward Cho, haward@adrservices.com, (213) 683-1600, or Rachael Boughan, rboughan@adrservices.com, (619) 233-1323.  Trial Mentoring™:  Trial training and preparation.    Trial Alchemy™: Learn from Civil Jury Trial Experts. Available on Spotify, Apple Podcasts and YouTube. California Case Summaries™: California Case Summaries™: California attorneys can win more cases… Read more

1031 exchanges are a real estate tax break that allows commercial property sellers to exchange a business, trade, or investment property for another, like kind, property while deferring capital gains tax on the sale. Without this tax break, sellers must pay capital gains tax at the time of sale. California law does not require the 1031 exchange be in the same state, however, California does have a “claw back” provision that could ultimately lead to owing the deferred taxes. Understanding what 1031 exchanges are, how they work, and how California law differs from other states is crucial to ensuring you access every benefit of the tax break without incurring avoidable costs.  Read more

A co-tenancy provision is a tenant-friendly clause found in commercial real estate leases for multi-tenant centers. It may allow a tenant to delay its initial opening, to terminate its lease or to pay reduced rent if either specific named tenants or a minimum percentage of tenants are not open and operating in the center. Here, we explore the rationales for including co-tenancy provisions in leases and discuss recent caselaw addressing co-tenancy provisions.[1] Read more

1215 Fell SF Owner LLC v. Fell Street Automotive Clinic (2025) __ Cal.App.5th __, 2025 WL 1099171: The Court of Appeal reversed the trial court’s orders denying defendants’ motions to vacate eviction judgments and enforcement orders in two related unlawful detainer actions. Read more

Owning property can come in different forms of ownership which grants you different rights. If you acquire an interest in property by sale or inheritance you may end up holding a percentage property interest while another person holds the other part of that interest. When co-owning property with someone, both of your names are on the deed which gives you certain abilities and rights. Read more

Following the devastating wildfires across Southern California in January 2025, it is a good time to revisit standard terms found in commercial leases and consider what upgrades, if any, can be made to protect Tenants in fire-prone areas.   Here are several important considerations for Tenants with existing commercial leases or who may be signing leases in fire-prone areas. Read more

Amundson et al. v. Catello (2025) _ Cal.App.5th _, 2025 WL 868169: The Court of Appeal reversed the trial court’s interlocutory order identifying the owners of real property as cross-defendant Ruth Catello (Catello) and the estate of decedent Leslie J. Knoles (decedent) and ordering a partition by sale. Decedent had four surviving siblings. Catello and decedent originally acquired title to the real property as joint tenants. About one month before her death, decedent recorded a quitclaim deed that, if valid, severed the joint tenancy and created a tenancy in common Read more