Category Archives: Real Property Transactions

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Physical Recordation Of A LIS Pendens With The Recorder’s Office Does Not Provide Constructive Notice Of The Claim Until The LIS Pendens Is Properly Indexed By The Recorder.

Kristina Dyer v. Exon Martinez et al. (February 23, 2007, G037423) __ Cal.App.4th__; By Katharine E. Allen In this action for specific performance of a contract for the purchase of real property, the Court of Appeals found that the physical recordation of a lis pendens in the county recorder’s office was insufficient to provide … Continue Reading

Exculpatory Clauses In A Purchase Agreement Do Not Bar Claims By Buyers Of Real Property Alleging That The Seller’s Brokers Made Intentional Misrepresentations About The Property

Anne Manderville et al. v. PCG&S Group, Inc. et al. (January 24, 2007, D047285) __ Cal.App.4th__; By Katharine E. Allen In this case, the Court of Appeals determined that exculpatory clauses contained in a purchase contract are against public policy to the extent such clauses exempt any individual from liability for his own fraud … Continue Reading

Appeals Court determines that a contract for the sale of two undivided parcels was void in violation of the Subdivision Map Act.

Black Hills Investments, Inc. v. Albertson’s, Inc. – January 12, 2007 By Thomas B. Snyder On November 22, 2004, Black Hills entered into a contract to purchase two parcels of real property in a retail shopping center.  At the time of the contract, the two parcels had not yet been created through subdivision of the … Continue Reading

California Supreme Court Voids Jury Trial Waivers

By Doug Van Gessel On August 4 the California Supreme Court ruled, in Grafton Partners v. Superior Court (Pricewaterhouse Coopers LLP), 2005 DJDAR 9387 that California contractual provisions in which the parties thereto pre-agree to waive the right to a trial by jury are unenforceable. The unanimous opinion stated that a right to a jury … Continue Reading

Out of Form: Special Considerations in Biotech Leasing

In order to negotiate a successful lease agreement for a biotechnology laboratory facility (“biotech lab”), landlords and tenants should evaluate the nature of their concerns, adopt a cooperative attitude, and avoid relying on traditional “form leases” better suited to leases for general office space. Biotech lab leases differ from leases for general commercial office space … Continue Reading

A Subtenant’s Guide to Subleasing

By Doug Van Gessel The sudden and dramatic reversal in the financial condition of many high-tech companies, and the ensuing softening of the local commercial real estate market, has led to a flood of sublease space on the commercial real estate market. Although this flood represents a potential economic windfall for those seeking to occupy … Continue Reading

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