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Articles 1 - 11 of 11
Full-Text Articles in Law
Antideficiency Rule Sanctions: In Re Prestige Ltd. Partnership-Concord, 2000, Roger Bernhardt
Antideficiency Rule Sanctions: In Re Prestige Ltd. Partnership-Concord, 2000, Roger Bernhardt
Publications
This article discusses a decision which held that a secured creditor who sues a debtor’s guarantor instead of foreclosing on security loses its security interest but may still recover the underlying debt in California.
Foreclosing On Multiple Security: Dreyfuss V Union Bank, 2000, Roger Bernhardt
Foreclosing On Multiple Security: Dreyfuss V Union Bank, 2000, Roger Bernhardt
Publications
This article discusses a California Supreme Court case which held that a lender may nonjudicially foreclose on multiple items of collateral without crediting the debtor with the fair market value of each item sold.
Foreclosing On One Of Two Liens On Property: Ostayan V Serrano Reconveyance, 2000, Roger Bernhardt
Foreclosing On One Of Two Liens On Property: Ostayan V Serrano Reconveyance, 2000, Roger Bernhardt
Publications
This article discusses a California case which held that neither a lender nor a trustee was liable to a purchaser at a foreclosure sale who relied on a third party title report that erroneously described the junior lien being foreclosed as secured by a senior deed of trust.
Landlords’ Duties To Protect Tenants From Crime: Valencia V Michaud, 2000, Roger Bernhardt
Landlords’ Duties To Protect Tenants From Crime: Valencia V Michaud, 2000, Roger Bernhardt
Publications
This article discusses a California case which held that a landlord has a duty to take minimally burdensome steps to remove an unauthorized guest from an apartment building if his behavior poses a likelihood of violent crime on the premises.
Nonrefundable Tenant Security Deposits: Kraus V Trinity Mgmt., 2000, Roger Bernhardt
Nonrefundable Tenant Security Deposits: Kraus V Trinity Mgmt., 2000, Roger Bernhardt
Publications
This article discusses and analyzes a California Supreme Court case which held that restitution is the only monetary remedy for improper security deposits.
Purchase Money Antideficiency Protection: Lawler V Jacobs, 2000, Roger Bernhardt
Purchase Money Antideficiency Protection: Lawler V Jacobs, 2000, Roger Bernhardt
Publications
This article discusses a California case which held that a buyer is not personally liable after defaulting on a purchase money note secured by a deed of trust on real property, despite an agreement to the contrary, due to the antideficiency protection of CCP §580d.
Severing A Joint Tenancy: Patience V Snyder, 2000, Roger Bernhardt
Severing A Joint Tenancy: Patience V Snyder, 2000, Roger Bernhardt
Publications
This article discusses a California case which held that a document severing a joint tenancy is deemed recorded only when all recording prerequisites have been met.
Tenant Estoppel Certificates: Plaza Freeway V First Mountain Bank, 2000, Roger Bernhardt
Tenant Estoppel Certificates: Plaza Freeway V First Mountain Bank, 2000, Roger Bernhardt
Publications
This article discusses a California case which held that a tenant who executes an estoppel certificate is bound by the certificate’s declarations, even if they vary from the original lease terms.
The 3-Month Limitation On Deficiency Claims: Life Sav. Bank V Wilhelm, 2000, Roger Bernhardt
The 3-Month Limitation On Deficiency Claims: Life Sav. Bank V Wilhelm, 2000, Roger Bernhardt
Publications
This article discusses a California case which held that a foreclosing lender’s 3-month time limit for seeking a deficiency judgment is a statute of limitations that cannot be avoided on the ground of excusable neglect.
Environmentalism, Human Rights And Indigenous Peoples: A Tale Of Converging And Diverging Interests, S. James Anaya
Environmentalism, Human Rights And Indigenous Peoples: A Tale Of Converging And Diverging Interests, S. James Anaya
Publications
No abstract provided.
Reasons Within Passions: Emotions And Intentions In Property Rights Bargaining, Peter H. Huang
Reasons Within Passions: Emotions And Intentions In Property Rights Bargaining, Peter H. Huang
Publications
This article discusses the role of emotions (or feelings or affects) in property rights bargaining. Real world people choose bargaining strategies based upon not only rational calculations, but also their gut feelings. This article considers the impact of anger and shame on bargaining over property rights and the Coase theorem. Such emotions may depend on beliefs (expectations or assessments) about whether particular strategic decisions should or will occur. Such beliefs can be viewed as attributions over the intentions of others.