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February, 2010 Articles

Global Hospitality Group® Hotel Online: Hotel Lawyer: California Foreclosure Traps for Unwary Lenders: What one Expert Tells Lenders about Avoiding the Pitfalls of Foreclosing in California on Hotels and Other Mixed Collateral

Guy Maisnik and Jim Butler’s blog article “Hotel Lawyer: California Foreclosure Traps for Unwary Lenders: What one Expert Tells Lenders about Avoiding the Pitfalls of Foreclosing in California on Hotels and Other Mixed Collateral” appeared in Hotel Online. The article also appeared in ehotelier.com.

2010 Receivership Rules of the Court

As promised, here are the Rules of the Court governing receivership: Rule 3.1175. Ex parte application for appointment of receiver (a) Application In addition to any other matters supporting an application for the ex parte appointment of a receiver, the applicant must show in detail by verified complaint or declaration: (1) The nature of the […]

Receivership Statutes and Rules of the Court

Many people have asked for an easy place to locate statutes and Rules of the Court that govern Receivership. I have republished the California Codes Code of Civil Procedure Sections 564-570 here and will republish the Rules of the Court on Monday: 564. (a) A receiver may be appointed, in the manner provided in this […]

Special Assets Law–What is Judicial Reference?

In 2005, the California Supreme Court overruled the practice of including waivers of the right to a trial by jury in commercial agreements and loan documents before a lawsuit has been filed. For many years, sophisticated commercial businesses and institutional lenders included a clause in their agreements providing that the parties waive the right to […]