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Category Archives: Real Estate Litigation

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Posted in Real Estate Litigation

The New York Times article  highlights two recent cases focusing on the behavior of banks in the loan administration and collection process and ruling in favor of borrowers. In one case the judge concluded the bank “abused” the borrowers and in another that it “forged” documents.  Both cases, however, seem to essentially come back to… Continue Reading

New ASTM Standards for Due Diligence and Why You Should be Aware of Them

Posted in Due Diligence, Environmental and Land Use, Hazardous Waste, Real Estate Acquisitions and Dispositions, Real Estate Development, Real Estate Litigation, Secured Lending and Finance

WHY YOU NEED TO ENGAGE IN DUE DILIGENCE PRE-ACQUISITION Prior to purchasing or leasing property, it is necessary in most instances to engage in at least a screening environmental review.  The purpose of a pre-transaction investigation is two-fold:  first, to determine whether there are issues that must be dealt with in the relevant agreement (or… Continue Reading


Posted in Real Estate Litigation, Uncategorized

The Bankruptcy Appellate Panel for the Ninth Circuit (“BAP”) just published an opinion clarifying the effect of the automatic stay on property abandoned by a bankruptcy trustee back to the corporate debtor.  The case arose in the Central District of California, In re Gasprom, Inc., 2013 DJDAR 14399.  The corporation, Gasprom, Inc., filed a Chapter… Continue Reading

Prevailing Defendants entitled to Attorney’s fees in ADA cases, Jankey v. Lee

Posted in Real Estate Development, Real Estate Litigation

Check out the recent success of Weintraub Tobin’s Labor & Employment group in the California Supreme Court’s decision issued in Jankey v. Lee on December 17, 2012.  Lizbeth West, Esq., led the charge with the help of several other Weintraub Tobin attorneys, and filed an amicus brief with the California Supreme Court on behalf of… Continue Reading

Real Estate Developers Warning – What do you mean I could be personally liable?

Posted in Real Estate Development, Real Estate Litigation

The tail end of a recent anti-deficiency decision of minor import has HUGE warning signals for principles, employees or agents of real property. Each could be individually and personally liable to lenders even after a foreclosure. How? In Fait v. New Faze Development, the lender to a failed redevelopment project sued both the borrower and… Continue Reading