In a recent case, the court of appeal held that a lis pendens was completely void and therefore subject to expungement because service was improper, absent undue delay in moving to expunge. Evidence that an agent for plaintiff contacted defendants to discuss the lis pendens 78 days before defendants moved to expunge did not establish [...]
Son of parents in rent-controlled building takes over his parents’ lease, still protected by rent control
The recent decision of the California Court of Appeal, Mosser Companies v. San Francisco Rent Stabilization and Arbitration Board (2015) can have serious implications on landlords in rent controlled jurisdictions. In jurisdictions subject to rent control, an owner of residential real property may establish the initial rental rate for a dwelling or unit. Local jurisdictions [...]
Can a borrower in California bring a preemptive action to challenge a lender’s authority to foreclose?
Can a borrower bring a preemptive action to challenge an entity's authority to foreclose?This question was not yet resolved by the California Supreme Court. First, some courts have held that borrowers cannot bring a preemptive action to challenge an entity’s authority to foreclose, reasoning that these actions would “’fundamentally undermine the nonjudicial nature of the process [...]