Whether you have owned your Bay Area property for years or have recently acquired it, you could find yourself dealing with a boundary dispute at some point. If this happens, the best course of action is generally to remain as neutral as possible when the dispute arises. And quickly engage an experienced real estate attorney to represent you, as such disputes can end up in court.
Meera Parikh, a partner at Poniatowski Leding Parikh Law Corporation, recently settled a boundary dispute between two commercial properties in San Leandro that came to light when one property owner made improvement plans that imposed on the other property. In the end, Meera worked with the two sides to negotiate a settlement that avoided a court hearing. Continue reading →
Most business and real estate attorneys assume that the statute of limitations on an oral contract is two years, and on a written contract is 4 years. These are boilerplate assumptions that can trap a businessperson or a landlord; they do not always hold true once we delve into the specifics of a case. 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 →
Note to readers: This brief post covers only one key aspect of this important case. There are other ramifications for contractual relationships that could impact you. Check with us for more details if you have an interest, or any concerns.
In the recent court case of California Bank & Trust v. Del Ponti, the court set an important precedent that applies to disputes on commercial loans between property developers and lenders. In effect, a commercial lender cannot enforce waivers in guarantee agreements which are unlawful or otherwise contravene public policy. Guarantor waivers are limited to certain legal and statutory defenses specifically set forth in the agreements, but not equitable defenses. Continue reading →
Foreclosing lenders in secured transactions who intend to make a claim under an insurance policy for pre-foreclosure damage should be wary of making a full credit bid at the foreclosure sale. 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 →