Gilbert v. United States, 998 F. 3d 410 – Court of Appeals, 9th Circuit 2021 FIRPTA and the FDAP rules require the transferee—or buyer—in taxable transactions with a foreign entity to deduct, withhold, and pay a prescribed amount to the Internal Revenue Service (IRS). 26 U.S.C. § 1472; 26 U.S.C. § 1445(a). Congress specifically enacted […]
Category: Real Estate
Economic Duress and Equitable Estoppel
13340 MDR LLC v. PREFERRED BANK, Cal: Court of Appeal, 2nd Appellate Dist., 5th Div. 2019 A claim of economic duress often arises when a party is attempting to avoid a contract modification or a settlement and release. (Rich & Whillock, Inc. v. Ashton Development, Inc. (1984) 157 Cal.App.3d 1154, 1158.) The party asserting duress need […]
The collateral estoppel effect of unlawful detainer judgments
Because “[a]n unlawful detainer action is a summary proceeding ordinarily limited to resolution of the question of possession[,] [citation] … any judgment arising therefrom generally is given limited res judicata effect.” (Malkoskie v. Option One Mortgage Corp. (2010) 188 Cal.App.4th 968, 973 [115 Cal.Rptr.3d 821].) The approach courts take to applying collateral estoppel in this setting […]
General principles governing assumption of a real property lease
“A lease of real property is both a conveyance of an estate in land (a leasehold) and a contract. It gives rise to two sets of rights and obligations — those arising by virtue of the transfer of an estate in land to the tenant (privity of estate), and those existing by virtue of the […]
Adverse possession (California and Colorado)
California (1) Title to property by adverse possession may be established either under color of title or by claim of right. (Code Civ. Proc., §§ 322-325.) When, as in the instant case, title is asserted by claim of right, Code of Civil Procedure section 324 provides: “Where it appears that there has been an actual […]