We represented a judgment lien creditor that sought priority of its attachment/judgment lien against the holder of a senior deed of trust in an interpleader action. This was to determine which party was entitled to nearly $300,000 in surplus funds after a trustee’s sale of commercial real property in Hayward, CA.
Hayward Commercial Real Estate Proceeds Subject to Creditor Dispute
After a 4-day bench trial in 2016 between these two competing secured creditors, the trial court entered judgment in favor our client, even though our client’s lien was recorded after the opposing party pension plan’s deed of trust. Continue reading →
While it may be tempting to create informal agreements about business or real estate transactions with family members, in our experience the minor discomfort of formalizing agreements between family members up front pales in comparison to the damage a souring business deal can do to families who operated “on a handshake” instead of signing legally binding written contracts. Continue reading →
Commercial Real Estate 1031 Tax-Deferred Exchanges Require Advance Planning and Coordination
To derive the maximum possible tax-advantaged benefit from a commercial real estate exchange, and properly comply with IRS Section 1031 Exchange timing and paperwork mandates, add an experienced legal advisor to oversee and coordinate the services provided by commercial real estate agents, CPAs and title companies. Continue reading →
Landlord Tenant Attorney Examines Importance of Understanding Commercial Lease Terms
We recently represented a commercial tenant that the landlord attempted to evict. The landlord filed an unlawful detainer complaint based on the tenant’s failure to timely exercise the first of three five-year lease extension options. (By “timely exercise” we mean written notice from tenant to landlord of their intent to extend the lease, received by the landlord on or before the due date stated in the lease agreement.) This case has a specific aspect to it that created some doubt as to when notice was due: The commercial lease had been amended four times and extended by two years during the first five-year term.
Oakland Real Estate Attorney Discusses Why Representation in the Beginning is Best
We recently represented the purchaser of a commercial business in industrial Hayward who had been served with a commercial unlawful detainer action. As part of the original transaction, the buyer had agreed to sublet the commercial real estate premises from the seller for a period before the purchase was completed. The buyer represented himself during the original purchase agreement, and retained us only a few months after taking possession, after he had been served with the commercial unlawful detainer action. This action resulted from the seller/sublandlord’s failure to pay the master landlord the rent received each month from our client. We were able to negotiate a settlement on behalf of our client. Continue reading →
Our Negotiation Techniques Resolve Lien Priority Dispute Before Complaint Served
We recently settled a lien priority dispute that resulted in the recovery of several hundred thousand dollars for our client, consisting of 100% of all principal, interest and attorneys’ fees due her. Continue reading →
We recently helped a horse boarding and stables operation in the San Francisco Bay Area to successfully obtain a conditional use permit from Alameda County to continue in business at their long-time existing location. Prior to our involvement, the process had been hung up for over two years without resolution. Continue reading →
Commercial vs Residential Use, Property Damage Liability and Lawful Detainers
We defended the owner of a commercial property (a lender that had foreclosed and credit bid at the foreclosure sale) in a civil action by the former tenant of the property that had been evicted in an unlawful detainer action we prosecuted for the owner/lender. Continue reading →
Taking our client through a complex legal environment successfully
PLP recently represented a large financial institution in a commercial collections matter in Alameda County. We successfully obtained expedited orders for Writs of Attachment on the debtor’s commercial and residential properties, and immediately recovered substantial Continue reading →
We recently completed the successful negotiation and drafting of a commercial lease extension on behalf of our client, the Landlord and owner of commercial property in Hayward, California (East Bay). The Tenant is a large, national automotive repair franchisor.
Hayward Landlord Tenant
The Tenant had allowed its option to renew to expire, allowing us to negotiate and draft lease modification language to provide for an increase in rents to market with annual CPI increases and 3% minimum annual increases. Market conditions also allowed us to eliminate a right of first refusal that the Tenant previous enjoyed, thereby increasing the marketability of the property for a potential sale by the Landlord.
Commercial Lease Contracts
We are seeing a significant increase in activity in the commercial real estate leasing market while representing landlords, tenants, brokers and property managers. Our clients are advising us the rents are increasing and inventory is low, making it a landlord’s market as the San Francisco Bay Area economy continues to improve.